Legal emergencies are different from most businesses: a missed call can mean a client sits in jail overnight, a protective order hearing happens without counsel, or a filing deadline is blown. This protocol gives you a clear definition of “emergency,” a triage script your staff or answering service can follow, and a repeatable way to respond—even when you’re in court and your phone must be off.
1) What counts as a “legal emergency” (and what does not)
Use one firm-wide definition so your staff, intake team, and after-hours coverage make the same calls every time. A legal emergency is a time-sensitive event where waiting until the next business day creates a high risk of: (1) loss of liberty (jail), (2) immediate safety risk (domestic violence / stalking), (3) loss of parental rights or child safety, (4) a hard deadline (court/agency/contract) that cannot be extended, or (5) irreversible financial harm (e.g., TRO freezing accounts).
Count these as emergencies for most small firms:
- Criminal: arrest, client in custody, active police contact, request for bond hearing, “they’re taking me in,” “I need a lawyer now,” “I’m at the station.”
- Family: emergency custody, child removal, CPS/DFCS same-day contact, imminent pick-up/withholding, protective order/TRO hearings within 24–72 hours.
- Protective orders: emergency restraining order (TRO), order of protection, no-contact orders, violations happening now.
- Litigation/deadlines: same-day filing cutoffs, midnight e-filing deadlines, TRO/temporary injunction hearings, default judgment deadlines, discovery responses due today with sanctions risk.
- Real estate: same-day closing failure, wire fraud suspicion, lender demands immediate document fix to fund, eviction lockout happening now.
Not emergencies (route to scheduled consult):
- “I want to sue my neighbor,” “I got a speeding ticket,” “I need a contract,” “Can you review this lease,” “Can you draft an LLC,” “I have court in 3 weeks,” “I want to modify custody next month.” These are high value, but not time-critical tonight.
Set expectations on pricing: emergencies often require immediate work blocks. Typical: consult $100–$500 scheduled; emergency after-hours consult/response often $250–$750 upfront; litigation matters can be $5,000–$50,000+; real estate closing fixes typically $1,000–$3,000 but can become urgent add-on fees.
Key takeaway: If waiting until tomorrow could realistically change the legal outcome, treat it as an emergency—otherwise schedule it.
2) Triage decision tree (use this exact flow on every call)
This decision tree is designed for intake staff, a virtual receptionist, or an AI answering service. It uses plain language callers actually say (“arrested,” “protective order,” “deadline tonight”). Keep it tight so you can use it even during court hours when you can’t pick up.
Decision Tree:
A) Is someone in custody, being detained, or being questioned by police right now?
- Yes → EMERGENCY (Criminal). Go to Criminal Intake Script + immediate attorney alert.
- No → B
B) Is there a hearing, filing deadline, or closing happening within 24 hours (or “today”)?
- Yes → EMERGENCY (Deadline). Capture deadline details + immediate attorney alert.
- No → C
C) Is there immediate safety risk or active protective order situation (domestic violence, stalking, threats, violation of a no-contact order) OR an emergency custody issue (child not returned, CPS contact today)?
- Yes → EMERGENCY (Safety/Family). Capture location, order details, and next court date/hearing.
- No → D
D) Is this a financial lock situation (bank account frozen by order, TRO served today, eviction lockout underway, wire fraud suspected at closing)?
- Yes → EMERGENCY (Financial/Property). Capture transaction info + immediate attorney alert.
- No → NON-EMERGENCY → schedule consult within 1–3 business days.
If the caller is unsure, ask one clarifying question: “What is the next date/time something must happen?” If they cannot name a date within 24 hours, it’s almost always non-emergency.
Always screen for conflicts early in emergencies: names of all parties, company names, and spouse/other parent names. If a conflict is possible, you can still gather details, but do not give legal advice and do not promise representation.
Key takeaway: One simple question—“What’s the next date/time something must happen?”—separates emergencies from normal consults fast.
3) Emergency intake scripts (criminal, family/protective order, deadline, real estate)
Use these scripts verbatim. They are designed to collect what you need to act without giving legal advice.
A) Criminal / Arrest Script
1) “Are you calling about someone who is arrested or about to be arrested?”
2) “Where are you right now (city + location)?”
3) “What is the person’s full name and date of birth?”
4) “What agency has them (city police, county sheriff, state trooper) and where are they being held (jail/station)?”
5) “What are the charges you were told, if any?”
6) “Is there a court date or bond hearing time?”
7) “Do not discuss the facts on a recorded jail line. Are you safe to talk?”
Close: “An attorney will review and call you back. If you’re with the arrested person, tell them to invoke their right to remain silent and ask for counsel.”
B) Family / Emergency Custody / CPS Script
1) “Is the child safe right now? Where is the child?”
2) “Is CPS/DFCS involved today? Any paperwork served?”
3) “Is there an existing custody order? What court/county?”
4) “What is the next hearing date/time (if any)?”
5) “Other parent’s full name and location?”
Close: “We can review your order and deadlines. We’ll call you back shortly; please have any orders or notices ready to text/email.”
C) Protective Order / TRO Script
1) “Is there an active threat right now? If yes, call 911 first.”
2) “Is this for filing a protective order or responding to one?”
3) “Have you been served? What time/date?”
4) “What is the hearing date/time and courthouse?”
5) “Any no-contact provision already in place?”
Close: “We’ll prioritize time-sensitive hearings. Please do not contact the protected person if there’s a no-contact order.”
D) Deadline / Court Filing Script (litigation, business, tax season)
1) “What exactly is due (complaint, answer, motion, discovery responses, e-filing)?”
2) “What is the deadline date/time and time zone?”
3) “What court/agency (county, district, tribunal) and case number?”
4) “Do you have the documents ready to send right now?”
Close: “We can’t promise we can file without reviewing, but we will respond quickly. Send the documents immediately.”
E) Real Estate Closing / Wire Fraud Script
1) “Is closing today? What time?”
2) “What’s the property address and county?”
3) “Who is the title company/lender/realtor?”
4) “Is there suspected wire fraud? If yes, tell them to call the bank fraud line and title company immediately.”
Close: “We’ll call you back quickly. Keep all emails/texts; don’t send any wire until confirmed by known numbers.”
Key takeaway: Your scripts should collect deadlines, location, parties, and documents—without drifting into legal advice.
4) After-hours emergency response (when you’re in court or asleep)
You need two things after-hours: (1) a fast, consistent promise to the caller, and (2) a reliable internal alert that works when you can’t pick up. Set an “After-Hours Emergency Window” in writing (example: 6pm–7am weekdays, weekends/holidays). Then set a response target by emergency type:
Recommended response targets
- Arrest/in custody: call back within 10–20 minutes.
- Protective order hearing within 72 hours: call back within 60 minutes.
- Filing deadline tonight: call back within 15–30 minutes.
- Closing funding today / wire fraud suspected: call back within 15–30 minutes.
- Non-emergency: next business day or schedule consult.
Coverage model (choose one, write it down)
- Rotation: one attorney “on-call” per night/weekend with a clear handoff time.
- Tiered: intake team screens, then only true emergencies page the attorney.
- Hybrid: you personally handle criminal/family; staff handles real estate scheduling.
How to alert the on-call attorney (redundancy matters)
- Primary: SMS + email summary with caller name, urgency type, deadline, and callback number.
- Backup: phone call to the on-call line if no acknowledgement within 5 minutes.
- Final: escalate to secondary attorney if no response within 10 minutes.
Tools: If you use SkipCalls, configure it to tag calls by “Arrest,” “Protective Order,” “Deadline Tonight,” and auto-send call transcripts and summaries to your on-call attorney. This is especially useful when your phone is off in court and you need the full context the moment you’re back on.
Key takeaway: After-hours is a system, not a hero move—set response targets and an escalation ladder you can follow every time.
5) Dispatch procedures (who gets what, and how you keep court time protected)
Dispatch for a law firm means routing the right emergency to the right person without interrupting proceedings unnecessarily. Use a simple three-lane dispatch:
Lane 1: “Drop everything” (page immediately)
- In-custody arrest / bond hearing today
- TRO/protective order hearing in <24–48 hours
- E-filing deadline tonight with sanctions/default risk
- Wire fraud suspected at closing
Lane 2: “Fast response” (notify, but not disruptive)
- Hearing within 3–7 days
- Served today but hearing later
- Closing within 48 hours
Lane 3: “Schedule”
- New matters without a hard date
- Price shoppers, “just a question,” contract review
Court-mode rules (so you don’t lose cases in the room)
- One single on-call number gets paged; your personal cell stays silent.
- Your staff/answering service does not call you twice for the same event unless it escalates.
- Use pre-set text codes: “ARREST,” “TRO 48H,” “DEADLINE 11:59PM,” “WIRE FRAUD.”
- Intake sends a one-screen summary: (1) who, (2) what happened, (3) deadline, (4) documents available, (5) conflict check names.
If you’re in a deposition or client meeting, the goal is to avoid interruptions for Lane 2/3 while never missing Lane 1. This is the balance that prevents lost emergency clients without wrecking your billable time.
Key takeaway: Route emergencies by “lane” so you only get interrupted when the risk is truly immediate.
6) Communicating wait times (scripts that stop callers from dialing the next lawyer)
Emergency callers hang up fast if they don’t know what happens next. Your job is to give a clear timeframe and a clear next step. Use these scripts.
A) Arrest / In custody
“Your call is marked urgent. The on-call attorney will call you back within 15 minutes. If you miss the call, we will call again once. Keep your phone available and do not discuss case details on any recorded jail calls.”
B) Protective order / custody
“We treat protective orders and emergency custody as urgent. An attorney will call you back within 60 minutes. If you have papers, please text or email them now so we can review before the call.”
C) Deadline tonight
“This is time-sensitive. We can’t promise we can file without reviewing, but an attorney will call you back within 30 minutes. Please send the notice, complaint/answer, and any court emails immediately.”
D) Non-emergency (still valuable)
“We can schedule a paid consultation this week. Our consults are typically $100–$500 depending on the issue. What day works best?”
Always state your boundaries:
- “This call doesn’t create an attorney-client relationship until a conflict check is complete and you sign an engagement agreement.”
- “We can’t give legal advice until an attorney reviews the facts.”
These lines reduce misunderstandings and protect you while still sounding helpful and fast.
Key takeaway: A specific callback time and a specific next step keeps emergency callers from shopping the next number.
7) Emergency pricing & payments (transparent, defensible, and quick)
Emergency work is premium because it interrupts court, evenings, and weekends. If you don’t state pricing early, callers assume it’s “a quick question” and you lose time or get disputes later.
Simple emergency pricing menu you can adopt today (adjust to your market)
- After-hours emergency consult (phone/video, up to 30 minutes): $250–$750 due before the call.
- In-custody criminal “first response” (jail calls, bond hearing coordination, initial appearance prep): $1,500–$5,000 retainer to start.
- Protective order / emergency custody rapid-response (review papers + hearing prep): $1,000–$3,500 retainer depending on hearing date.
- Deadline-night filing review (document review + attempt to file): $500–$2,500 depending on volume and risk.
- Real estate closing rescue (same-day): $1,000–$3,000, plus rush fee if within 6 hours of funding.
How to present it (script)
“Because this is after-hours and time-sensitive, our emergency consult is $___ and must be paid before the attorney calls. If we take the matter, that consult can be credited toward your retainer in many cases.”
Payment procedure
- Take card by secure link or over recorded line policy (whatever your firm uses).
- Send engagement letter + conflict check form immediately after payment.
- If they won’t pay: keep them in Lane 2/3 unless it’s a life/safety issue, then provide referral resources (public defender, legal aid, domestic violence hotline) without advising.
This keeps your emergency response sustainable and prevents your schedule from being hijacked by non-clients.
Key takeaway: Set an after-hours emergency consult fee and require payment before attorney callback to protect your time.
8) Documenting emergencies (what to capture for ethics, billing, and handoffs)
Emergency calls create risk: missed facts, conflicts, and billing disputes. Your documentation must be fast and standardized.
Emergency Call Record (copy/paste template)
- Date/time received:
- Caller name + relationship to client:
- Callback number(s):
- Client full name + DOB (criminal) / child name + DOB (family):
- Other parties (full names):
- Matter type: Arrest / TRO / Custody / Deadline / Closing / Other
- Location (jail/courthouse/property):
- Deadline/hearing date & time:
- Case number/court/county:
- Documents received? (Y/N) How?
- Conflict check status: Clear / Possible / Hold
- Fee quoted + paid? (amount, method, timestamp):
- Attorney notified (who/when/how):
- Caller warned about recorded lines/no-contact orders? (Y/N)
- Next action + assigned owner:
Retention and handoff
- Save call recording/transcript to the matter or intake folder.
- If you use CRM integration, automatically attach the transcript and tag it “Emergency.” SkipCalls can do this so you don’t rely on memory after court.
- If you decline representation, document: reason (conflict, out of scope, no capacity), referrals given, and that no advice was provided.
This record protects you and makes it easy for any attorney in your firm to step in if the on-call lawyer is tied up.
Key takeaway: A one-page emergency call record prevents conflicts, missed deadlines, and billing fights later.
9) Preventing false emergencies (without losing good clients)
Some callers label everything “urgent” to get faster service or avoid consultation fees. You can filter these calls while staying respectful.
Three “false emergency” patterns in law firms
- “I have court tomorrow” (but it’s traffic court in 3 weeks).
- “I need this filed today” (but no docket, no notice, no deadline).
- “I was served” (but service was weeks ago and they’re only calling now).
How to prevent it (scripts + rules)
1) Require a date/time: “What is the exact deadline date and time? What document shows that?”
2) Require a document: “Please send the notice/summons/order. We can’t treat it as emergency without seeing the date.”
3) Use the paid emergency consult gate: “After-hours emergency consult is $___; if you prefer, we can schedule a standard consult for $100–$500 during business hours.”
4) Create an “Urgency Deposit” credit: If you worry about turning away legit matters, allow the emergency consult fee to be credited toward a retainer.
5) Publish your emergency definition on your voicemail and website: “Arrest, protective order, custody, same-day filing deadlines.” This reduces noise and trains clients.
This approach keeps your lines open for true emergencies like arrest/custody, protective orders, and real deadline filings—where answering first often wins the client.
Key takeaway: Require a deadline and a document, and use a paid after-hours consult to stop urgency abuse.
Step-by-Step Process
1
Set your firm’s emergency definition
Pick 4–6 emergency categories you will treat as urgent (arrest, protective order, emergency custody, deadline filing, closing/wire fraud). Put the list in your intake SOP and on your after-hours greeting.
2
Install the triage decision tree
Train staff to ask: “What is the next date/time something must happen?” and route calls into Lane 1/2/3. Make sure they can do it in under 90 seconds.
3
Create an on-call rotation + escalation ladder
Assign one on-call attorney per night/weekend and a backup. Set alerts to escalate if the on-call attorney doesn’t acknowledge within 5–10 minutes.
4
Use the emergency scripts and capture documents
Have staff follow the exact script for the call type and request the key document (summons, order, notice, closing email). Store it immediately in your intake folder/CRM.
5
Quote emergency pricing and collect payment
Offer a clear after-hours emergency consult fee ($250–$750) and require payment before attorney callback. If retained, apply the consult fee to the retainer when appropriate.
6
Send a one-screen attorney summary
Dispatch a short summary with names (for conflict), urgency type, deadline, location, and contact numbers. This lets you act fast when you step out of court.
7
Document the outcome
Log what happened, what you promised, what you warned (recorded lines/no-contact), and whether you accepted or declined. Save the call transcript/recording.
8
Review weekly and tighten filters
Look at the last 10 “emergencies” and note which were false. Adjust your voicemail/website definition and your document requirement to reduce noise.
Pro Tips
1.Record a dedicated “Emergency-only” after-hours greeting: “If this is an arrest, protective order, emergency custody, or a filing deadline within 24 hours, press 1. Otherwise, press 2 to book a consult.”
2.For criminal calls, always say: “Do not discuss the facts on a recorded line.” It prevents real damage and signals competence.
3.For protective order calls, always confirm whether the caller is the petitioner or the respondent. The urgency and conflict risk are different, and your script should change fast.
4.During court hours (9–5), use a “court-mode” status so only Lane 1 calls break through; everything else gets a scheduled callback or booking link.
5.If you use SkipCalls, turn on bilingual (English/Spanish) for after-hours. A large share of urgent arrest/custody calls come in Spanish, and speed matters. Keep the AI’s intake fields aligned with your Emergency Call Record template.
Frequently Asked Questions
If I’m in court and can’t answer, what should my voicemail say?
Say what counts as an emergency and what the caller should do next: “If this is an arrest/in custody, emergency protective order, emergency custody, or a filing deadline within 24 hours, leave the client’s name, DOB, location, and deadline time. We will call back within ___ minutes. For all other matters, leave a message to schedule a paid consult ($100–$500).”
How fast do I really need to call back on an arrest?
Aim for 10–20 minutes. Families call multiple lawyers in a row, and the first competent callback often wins the case. Even if you can’t take it, a fast response protects your reputation.
Can intake staff screen emergencies without giving legal advice?
Yes—train them to collect facts only: who/where/when, charges, hearing dates, deadlines, case numbers, and documents. They should avoid strategy (“what should I do?”) and use a boundary line: “I’m not an attorney, but I can get this to the on-call lawyer right now.”
How do I handle a caller who refuses the emergency consult fee?
Repeat the options clearly: pay the after-hours emergency consult ($250–$750) for an urgent callback, or schedule a standard consult during business hours ($100–$500). For criminal custody, you can also direct them to the public defender process without advising on the case.
What information is most important for an emergency custody or protective order call?
The next court date/time, whether there is an existing order, where the child is right now, whether CPS/DFCS is involved, and whether the caller has been served. Ask for a photo/PDF of any order or notice so you can verify deadlines.
How do I reduce false “deadline tonight” calls?
Require the document that shows the deadline (court notice, summons, e-filing email, scheduling order). If they can’t produce it, route to scheduled consult. If they can produce it, treat it as Lane 1 or Lane 2 based on the actual date/time.
Stop losing arrest, custody, and deadline calls when you’re in court
Use this protocol to triage true legal emergencies, quote after-hours fees cleanly, and get a tight callback system in place. If you want 24/7 coverage without hiring, set up SkipCalls for your firm so urgent calls are tagged (Arrest/TRO/Deadline), transcribed, and routed to your on-call attorney automatically.