ILNews

IBA: When Disaster Strikes

Back to TopCommentsE-mailPrintBookmark and Share

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.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

ADVERTISEMENT