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IBA: Disaster Recovery Planning Can't Afford to Wait

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Lawyers are known for giving advice that helps clients plan, but when it comes to planning for a disaster and recovery, legal professionals need to take their own advice and create a plan. All lawyers need to plan for how their firms will cope with natural or man-made disasters ranging from fires and floods to terrorist attacks, hurricanes, chemical explosions or blizzards.

For a law firm, the disaster recovery plan should suit its size, type of practice and locale. And, while it is easy to depend on technology, the human element is the most important part of the plan. That’s because without talented people focused on client needs, a law practice does not exist.

The reason for planning is clear: lawyers need to be able to help themselves so they can help their clients. Just as a firm reaches out to employees by e-mail, cell phone and the firm’s Web site, it should reach out to clients who may be in a state of crisis themselves and welcome the support and reassurance.

Depending on the nature of the emergency — a fire in your building, for example, in which case, your firm may be the only one affected — you still may be expected to meet filing deadlines and court appearances. Under those circumstances reaching out to clients to let them know that you are looking out for them despite the disaster is essential.

If the disaster is more widespread, such as Hurricane Katrina, the floods in the Tennessee or high winds that shut down your building, everyone — attorneys, employees, and clients — may feel the effects. Just accounting for employees and clients may take time.

A firm may want to consider setting up a team to take charge during a disaster. Team members should include management and administrative personnel. The plan should outline contingency operations, how staff will locate each other and how they will communicate with other employees. Having a plan in place will help avoid making reactive decisions. Telling all employees about the plan is key.

For more on disaster recovery planning log on to www.indybar.org or contact Indianapolis Bar Association Executive Director Julie Armstrong at jarmstrong@indybar.org.•

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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