Emergency Call Protocol

Emergency Call Protocol for Lawyers

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.

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.

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.

Emergency Call Protocol for Lawyers

1) What counts as a “legal emergency” (and what does not)

Explore SkipCalls

2) Triage decision tree (use this exact flow on every call)

3) Emergency intake scripts (criminal, family/protective order, deadline, real estate)

4) After-hours emergency response (when you’re in court or asleep)

5) Dispatch procedures (who gets what, and how you keep court time protected)

6) Communicating wait times (scripts that stop callers from dialing the next lawyer)

7) Emergency pricing & payments (transparent, defensible, and quick)

8) Documenting emergencies (what to capture for ethics, billing, and handoffs)

9) Preventing false emergencies (without losing good clients)

Step-by-Step Process

Set your firm’s emergency definition

Install the triage decision tree

Create an on-call rotation + escalation ladder

Use the emergency scripts and capture documents

Quote emergency pricing and collect payment

Send a one-screen attorney summary

Document the outcome

Review weekly and tighten filters

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