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Monthly Archives: April 2017

Disaster Planning for the Legal Profession

Disaster Planning for the Legal Profession

As disasters seem to be becoming more foreseeable, what areas should the legal community start looking towards to prepare themselves for the professional ethics delima.

The following is an excerpt from the forthcoming publication of “Operation Disaster Defender: A Multi-Disciplinary Approach to Preserving Access to Justice and Client Property Through Disaster Preparedness” set to publish in the Western Michigan Cooley Journal of Practical and Clinical Law in May 2018.

Though no method will guarantee a lawyer’s ability to safeguard client property during a disaster, both self assessed and accredited programs recommend or imply that a lawyer should consider several common areas while developing an emergency action plan. These areas include: (1) planning, (2) facilities, (3) communication, and (4) insurance.

First, at the outset of representation, a lawyer should consider including a provision in the client engagement letter detailing how the client’s property will be handled during a disaster or emergency situation. [1] This can range anywhere from a highly detailed manual or a brief few paragraphs that outline each parties’ duties and responsibilities.

Second, he or she should consider storing client property off site with a reputable fiduciary organization that focuses on safeguarding client property either online or in a secure storage facility. [2] Many times theses organizations have personnel, systems, and expertise dedicated to ensuring the survival of the property during a disaster.

Third, a lawyer should consider contacting clients to arrange for them to pick up his or her  property temporarily during a forecasted disaster, especially if it is not immediately needed for his or her  cases. [3] Though, conceptually, this practice might run afoul of the model rule’s if the client lacks the ability to store the property during a disaster themselves.

Finally, he or she should review insurance policies and determine whether the right type of insurance policy has been purchased at the right amount for the client’s property. [4] This is a good practice not only at work, but at home. Many times, individuals will buy insurance and forget to review it at least annually to ensure adequate coverage.

Ultimately, developing an emergency action plan focuses on reducing the number of questions a lawyer needs to answer when time counts. Answering these questions well in advance of a disaster will also allow the lawyer to find the best solutions to fit his unique situation. However, the issue with self assessed standards is that there is no confirmation of the actual accomplishment of preparedness objectives before a disaster strikes.

References:

[1] Mark L. Tuft, Techno Ethics: Practicing Law in Harm’s Way, 23 GP Solo Disaster & Recovery (2006), http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/2006_dec_technoethics.html (last visited Mar. 4, 2016). On March 5, 2016 a search across both Lexis Advanced and Westlaw Next produced no cases or situations where lawyers faced disciplinary or civil liability for their lack of preparation for a disaster.

[2] Id.

[3] Id.

[4] Carol M. Langford, The Ethical Duties of Disaster Preparation, The Cal. B. J. (Feb. 2006), http://archive.calbar.ca.gov/Archive.aspx?articleId=73830&categoryId=73746&month=2&year=2006 (last visited Mar. 4, 2016).

Texas SB 1897 Proposes to Modify Local Disaster Declaration Requirements

Texas SB 1897 Proposes to Modify Local Disaster Declaration Requirements

Texas State Senator Charles Perry Introduced SB 1897 to Modify Local Disaster Declaration Requirements.

Texas Senate Bill 1897 was introduced on March 10th, 2017 seeking to require more information be put into a local disaster declaration. State Senator Charles Perry of Lubbock, Texas introduced the legislation which has been referred to the Agriculture, Water, & rural Affairs Committee on March 23, 2017.

Here are the highlights from this legislation:

#1: More Description of the Area and Nature of the Designation

“An order or proclamation declaring, continuing, or terminating a local state of disaster issued under this section must include: (1)  a description of the nature of the disaster; (2) a designation of the area threatened; and (3) a description of the conditions that have brought the local state of disaster about or made possible the termination of the local state of disaster.”

#2: The Declaration Must be Posted to the Jurisdiction’s Website

If the political subdivision to which the order or proclamation applies maintains an Internet website, a copy of the order or proclamation shall also be posted on the political subdivision ’s Internet website.

#3: A Request May be Sent to the Governor to Suspend a Deadline

In accordance with Section 418.016(e), the presiding officer of a political subdivision may request the governor to waive or suspend a deadline imposed by a statute or the orders or rules of a state agency on the political subdivision, including a deadline relating to a budget or ad valorem tax, if the waiver or suspension is reasonably necessary for the political subdivision to cope with a local disaster declared under this section.

Follow the bill’s actions and progress by clicking here.

Visit State Senator Perry’s Website by clicking here.

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