Incident highlights risks of occupation
A lawyer specializing in family law was severely injured after opening a letter-bomb that was mailed to her firm in Winnipeg in early July.
Maria Mitousis, who works at Petersen King, lost a hand in the blast and suffered numerous serious injuries in a case that raises more questions than answers about how employers can keep workers — particularly workers at high risk of assault — safe.
However, there are best practices individual lawyers and firms — and businesses that hire lawyers, including government and public service — can follow to enhance safety.
That shouldn’t just apply to counsellors practising family or criminal law, but others, such as employment lawyers, who could have to deal with the touchy subjects of dismissal or sexual harassment, said Gail Gatchalian, a labour and employment lawyer at Pink Larkin in Halifax.
That risk could also extend into the workplace — HR professionals aren’t immune from violence, as the stabbing of four employees at a Toronto office of Ceridian demonstrated last year. That attack happened as an employee was being terminated.
Employers should conduct a violence risk assessment on a periodic basis and if there is a risk identified, employers covered by health and safety legislation must develop risk prevention plans and provide training to employees.
Gatchalian cited other precautions that are easy to implement but could make a difference in an emergency, such as having a panic button at the reception desk, having a code-word to announce over the PA system or a secure room for which only certain employees would hold the key.
Delicate balance
in representing clients
One point of contention for lawyers working sensitive cases is knowing when a person can become violent. Verbal or written threats are obvious indicators that police should get involved, but Gatchalian said this raises another dilemma, since lawyers are supposed to keep a client’s best interest in mind.
"Something that this case also makes us aware of is that lawyers are subject to potential violence not only from opposing parties but their own clients as well," she said.
"So it’s a delicate balance between representing the interest of your client who you might not necessarily get along with and you may find as aggressive and threatening and maintaining client privilege, and then deciding when it’s time to call the police — it’s a very difficult decision to make."
Lawyer has not lost passion for her occupation
Two days after the explosion, police charged 49-year-old Guido Amsel with two counts of attempted murder, one count of aggravated assault and a number of charges related to the possession of explosives.
Amsel is the ex-husband of one of Mitousis’s clients, with whom Amsel was embroiled in a lengthy litigation case, the Winnipeg police department said. It also appeared the suspect had targeted his ex-wife and other legal counsel who have represented either of them in the past.
Sofia Mirza, president of the Manitoba Bar Association (MBA), said Mitousis has not lost her passion for the law.
"She specifically wants her clients, and all those who provide family law services, to know that she and all of her colleagues in the family bar will go on doing the same great work that was done before this tragedy," Mirza said in a memo.
She added that other lawyers shouldn’t let the dangers of the profession discourage them.
"Maria specifically wanted family law practitioners to know that she doesn’t want her circumstances to discourage them from continuing their practices in this very relevant and challenging field," Mirza continued.
Mitousis herself spoke out on July 17 in a posting on her Facebook page.
"This event will shape my future and impact all of you on some level. But take comfort in that we can control how. Do not let thoughts of anger, fear or hate overcome you. I have not. From the moment I awoke after surgery, I was filled with feelings of gratitude, love and support. I am so eager to get back to what I do, back to the small firm that I have grown to love, and to the legal community that has shown such solidarity and support, not only to me but to my family and my family at Petersen King."
‘This level of violence is rare’
Lawyers exist in a unique field that puts them in the position of defending potentially dangerous clients as well as protecting clients from harm. Handling such sensitive cases means the situation can quickly turn volatile, said Gatchalian.
"This level of violence, I think, is rare," she said, adding that it’s hard to know whether an incident like this could have been prevented or mitigated.
"Someone who is intent on doing harm is probably going to find a way."
As Mitousis begins her recovery, Mirza said her case serves as inspiration.
"Maria is a shining example of the strength of our profession in the face of adversity," Mirza said.
"With our knowledge comes great responsibility. As lawyers, we want to do our job to the best of our ability. Most lawyers have pursued practice because they want to help people and enjoy doing so."
She added that the MBA will hold information sessions on safety practices later this month.
