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IBA: When Disaster Strikes

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Icepocalypse 2011 is finally beginning to melt. Thankfully, no local practitioners experienced damage to their offices due to collapsed roofs or other storm damage. However, if they had what were the chances they had a disaster plan in place to deal with the aftermath? In most cases, it is likely none exists.

Numerous sample disaster plans have been published over the years. Though the details vary the key elements are universal.

1. Assess your situation. Photograph or videotape the damage for insurance purposes.

2. Utilizing the call list of employees stored off-site, contact all employees. Notify them of the anticipated status and make assignments.

3. Determine how the practice will communicate with the courts, other lawyers, staff, clients, and vendors. This could involve setting up an emergency hotline and recorded message, or arranging for a forwarding number. Keep in mind that after a disaster, it is often easier to make outgoing calls than to receive incoming ones. Therefore, it may be necessary to designate a contact outside the disaster zone who can act as a clearinghouse for information.

4. As needed, appoint liaisons from your office to work with each of the following entities:

Building management
Fire/Police department
Emergency management or other government agencies
Utility companies
Insurance agent
Banker
Key vendors
Post office

5. Seek immediate professional help to recover and repair of your computer system. Your main priority is the data, not the equipment. Remember, that while motors and circuitry in your system may have been damaged, the hard drive itself is vacuum-sealed. More likely than not, the data stored on the drive can be recovered. If the above efforts are not sufficient, it may be necessary to send your drive to a data recovery company. If you can recover your data, transfer it to a new system as soon as possible.

6. Gather up all available paper records and begin the process of assessing damage, sorting, and prioritizing restoration. Paper records damaged by water will begin to deteriorate within two to three hours; mold, fungal, and bacterial growth will occur within 24 hours. Specific procedures must be followed in order to properly dry or freeze documents. (Freezing will preserve paper for up to six years for later drying.) For help with document reclamation procedures, contact your insurance agent, who can refer you to a professional service. Consider bypassing restoration if back-up records are available.

7. Keep an inventory of anything that must be destroyed or removed from the premises for drying by a commercial service. For client documents, track:
Client/matter name
Items destroyed
Inclusive dates
Reason destroyed

8. Arrange for temporary office space, if necessary. Depending on the size and location of your firm, possibilities include hotels, motels, trailers, recreational vehicles, space in other law firms with which you have reciprocal agreements, space in your satellite office, other suitable space in your existing building, or space in your home. Post a sign at your old office directing people to your temporary location. Consider advertising that temporary location in the local newspaper, and encourage clients to contact you to touch base. Be sure that anyone answering the phone informs all callers of your new location.

9. Contact your property manager to review your lease.

10. Create stationery and business cards for your temporary address. Send notice of your current street address, email address, telephone, and fax numbers. Be sure to notify the state and local bar.

11. Lease equipment or permanently replace damaged items (computers, network servers, printers, fax machines, copier, postage meter, desks, chairs, dictation equipment, typewriters, etc.)

12. Locate the off-site copy of your active client list and contact your clients. If you don’t have an off-site client list, work with your staff to try to recreate it before time lapses and you forget.

13. Start a new calendar. Begin filling in important appointments and deadlines as they become known. If possible, work with the courts to review dockets or sources.

14. Contact the courts and opposing counsel as needed. Make collecting outstanding receivables a priority.

15. Begin replacing lost paper records and client documents. Besides clients, other sources for reconstructing records include the courts, opposing counsel, administrative agencies, and the firm’s CPA and payroll service.

16. Repair, sterilize, and dry the areas where records are to be stored – shelving, cabinets, desks. (Carpet, carpet padding, or liners must be dried and treated for mold and mildew or replaced.) Investigate tile or other flooring for similar damage. Continue inspecting damaged areas for mold, mildew, and other damage for at least one year.

17. Rebuild your form library. First on your priority list should be an intake or new client information form. The data on the forms can then be used for reestablishing conflict and other office systems. Many forms may be found on the Indianapolis Bar Association Members Only webpages.

18. Get sources for legal research on the Internet (Lexis, WestLaw, etc.) up and running In the meantime, arrange to use the local law library or university library “ or coordinate with another law firm in the area.

19. Exercise case and client control. Resist the urge to take on all new matters that may come to you until you can adequately screen for conflicts.

20. Submit an insurance claim for the damages your office sustained.

21. Determine your eligibility for other forms of emergency relief and submit a claim.•
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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