Miscellaneous

Hurricane Help

By Anne Skove, Esq.

What happens to the legal community when disaster strikes?

We've seen pictures and heard stories about the effects of Hurricane Katrina on the population. But did you know what happened to the Louisiana Supreme Court? Employees cleaned up as much as possible before mold and heat got the best of the courthouse, then moved to higher ground. At least one dedicated court employee slept on someone's couch for the duration (several months), never missing a beat.

Tennessee lawyers arehelping tornado victims with FEMA, medical and property insurance claims, repair contracts, replacement of wills and other legal documents, consumer protection, mortgages and foreclosures, and landlord/tenant.

In response to these and other disasters, the ABA asked each state to formulate rules to provide emergency legal assistance. Task forces went to work.

Sure, people need bottled water, a roof over their head, and medical treatment. But they also require help sorting out legal issues. Permanent rules help lawyers, too, by allowing them to follow their helping instincts while avoiding sanctions for unauthorized practice of law. They may be among the displaced and injured. They may not be able to locate their clients in the aftermath. Share the love!

Several states have orders, rules, bar programs, etc., relating to the provision of emergency legal services. The ABA Center for Professional Responsibility has a state-by-state list, Materials on Licensing Issues Affecting Lawyers Displaced by Hurricane Katrina and Those Offering Pro Bono Legal Services. But most of these are orders issued directly after a specific disaster (such as Katrina). A standing order or new rule is better because, who knows, the court could be under water or floating out to sea. See also Serving the Public Following a Disaster, ABA Division for Bar Services (argh, ABA, what is this Part III of?!).

Virginia's rule is open for comment. The Virginia State Bar's Young Lawyers Conference has long provided emergency legal assistance. See their online resource Emergency Legal Services: Helping Those Who Most Need Help. Check your state or local bar to see what they're doing.

Some proposals would toss state-by-state bar requirements (exams, fees) in favor of multi-jurisdictional practice for all. See American Bar Association's Response to Unauthorized Practice Problems Following Hurricane Katrina: Optimal or Merely Adequate? Sheryl B. Shapiro, Georgetown Journal of Legal Ethics (Summer 2007).

But see On Licensing Lawyers: Why Uniformity is Good and Nationalization is Bad, Hon. Randall T. Shepard, Chief Justice of Indiana, NYU Annual Survey of American Law (2005).

Full post as published by court-o-rama.org on March 04, 2008 (boomark / email).