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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. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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