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After the storm passes, legal questions swirl

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Shortly after an EF-4 tornado plowed across southern Indiana in March 2012 and left most of Henryville a pile of rubble, volunteers arrived with their chainsaws and trucks offering to help clear the destruction.

Residents of the tiny town had to rely on neighbors and strangers, but their needs that came from rebuilding quickly grew beyond removing debris and repairing homes. They had questions about insurance, aid applications and construction contracts.

sandy-stoll-15col.jpg The ABA’s Young Lawyer Division Disaster Legal Services is led by I.U. McKinney School of Law graduates David Nguyen and Ryan Hamilton. Pictured above, Hamilton and ABA staff member Gina Sadler, right, help a Hurricane Sandy survivor.(Photo submitted)

Help with these and other legal matters came from local attorneys who volunteered to guide and advocate for the residents as they maneuvered through the overwhelming, sometimes frustrating, paperwork of claims, family disputes and missing documents.

Whether experiencing tornadoes in places like Henryville and Joplin, Mo., or hurricanes the magnitude of those that swept through the Gulf Coast and Eastern seaboard, survivors will eventually need a lawyer. Through a collaboration of neighboring attorneys like in southern Indiana or organized by the American Bar Association’s Young Lawyer Division Disaster Legal Services, lawyers offer their knowledge and problem-solving skills to people trying to return to normal.

Hoosier attorneys wanted to use their knowledge of the administrative process, the judicial process and legal issues to do what they could to help Henryville and the tiny surrounding communities, explained J. Mark Robinson, attorney with Indiana Legal Services Inc. in New Albany.

“We really do have a noble profession that seeks common good and wants to be available to our citizens,” he said.

Come rain or shine

Since the 1970s, the ABA has been coordinating disaster legal assistance by working with local affiliates, bar associations and legal aid organizations in devastated areas. Since September 2007, the DLS has responded to 103 disasters in 37 states.

Currently the director of the ABA’s Disaster Legal Services Program is Indianapolis attorney David Nguyen. He volunteers his time because he wants to serve and do something meaningful.

Legal problems that disaster survivors face basically cover the curriculum from the first year of law school. Property law, family law and help navigating the bureaucracy are all part of the mix. Landlord–tenant issues, denied insurance claims, and recovering missing documents like Social Security cards, driver’s licenses and deeds to homes are common problems as well.

Also, Nguyen noted, “funny things you wouldn’t think about” crop up after a storm. These include family disagreements arising from custody arrangements and even bankruptcy declarations.

Legal problems resulting from historic storms like hurricanes Katrina, Isaac and Sandy are so widespread and so huge, Nguyen said, they will take years to solve.

In the calm that comes after the storm, the ABA organizes a hotline that connects survivors to attorneys and legal assistance. Volunteering lawyers are also given space in disaster recovery centers established by the Federal Emergency Management Agency.

“The ABA provides a needed service,” Nguyen said. “Absolutely, I think it provides a real needed service.”

Echoing Robinson, Nguyen pointed out volunteering for disaster legal services enables lawyers to bolster their image. It is an opportunity, he said, to show lawyers are not solely concerned with the billable hour but rather want to help people in need.

Stormy weather

On March 2, the town of Henryville and surrounding communities will mark the first anniversary of the tornadoes. The high school has been rebuilt, St. Frances Xavier Catholic Church has been repaired, and the residents have been putting their lives back together.

 The tornado hit the town on a Friday afternoon. On Monday, Clark Circuit Judge Daniel Moore convened a handful of attorneys at an O’Charley’s restaurant to discuss the help the legal community could offer.

Within a day, the Indiana State Bar Association held a conference call about the installation of a hotline that survivors could call for assistance. John Woodard, partner at Wyatt Tarrant & Combs LLP in New Albany, offered that he and his firm would handle the referrals from the hotline.

A short time later, Rodney Scott, attorney at Waters Tyler Hofmann & Scott LLC in New Albany, contacted Moore. Scott spent the first weekend after the storm in Henryville, cleaning accommodations and preparing meals for volunteers from the Salvation Army. What he saw of the destruction disturbed his sleep and spurred him to confer with Moore.

Scott then helped organize a legal clinic for residents to go for answers and advice. On a Saturday about two weeks after the tornado, the viewing room of Adams Funeral Home in Henryville was divided into a consultation area and a waiting room. Numerous attorneys volunteered in two sessions to meet and help the survivors with their legal problems.

“It was a good day,” Scott said. “I was very impressed by the willingness of the attorneys to jump in and do whatever was needed.”

Indiana Legal Services Inc. and the Indiana Bar Foundation also contributed to the rehabilitation effort. Robinson of ILS joined the Saturday clinic where he offered guidance in two family law cases.

The attorneys were not soliciting business or searching for clients. They provided help sorting through insurance coverage disputes and handling estate matters, misappropriated donations and contractor agreements as well as gave advice on how to protect an individual identity when birth certificates and other personal documents had been blown to unknown destinations. Sometimes they just did a little handholding and talked to the people.

Woodard advocated for one survivor who was handed an exorbitant bill for air ambulance service. The individual, who had suffered broken bones in the tornado and was airlifted to medical care, was charged $20,000 by the service provider. That was well in excess of Medicaid rates so Woodard negotiated, even threatened litigation, and was able to get the bill significantly reduced.

The Indiana Bar Foundation recognized what Robinson called the “Herculean effort” by Woodard and Wyatt Tarrant & Combs with a President’s Award.

Blue skies

Materials and packets of information that were put together and handed out after the southern Indiana tornado have been filed away so if ever such a disaster happens again, the legal community will be prepared.

The ABA is also getting ready for the next disaster by forecasting through different scenarios. Nguyen traveled to Southern California in December to brainstorm with other attorneys and organizations about what type of legal relief will be needed after the next major earthquake.

Going forward, Nguyen wants to establish a single unified hotline. Currently, the 800 number changes with each location, but he is working to create one number that will be available after disasters so survivors will know immediately who to call for legal help.

Also, he wants to create a database of attorneys with foreign language skills. In a disaster, these lawyers could be called upon to help with translating for survivors.

What and when the next disaster will be are unknowns. But it is certain that following the storm, legal problems will unfold and lawyers will be there to help.•

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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