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When we think about the response to a natural disaster, we tend to picture the people whose work is most visible.
First responders rescue people from dangerous situations. Emergency management officials coordinate resources. Nonprofits arrange for food, clothing, water and temporary shelter. Utility crews restore power. Social service organizations help families find somewhere safe to sleep.
All those efforts are essential.
But as Indiana communities recover from recent flooding and severe weather, those of us in the legal profession should recognize another reality: Lawyers are part of the disaster-response infrastructure, too.
We may not arrive with a fire truck, a case of bottled water or a chainsaw. Our work often begins after the television cameras have left and the immediate danger has passed.
That does not make it any less important.
In many ways, a natural disaster simply accelerates and concentrates on the legal problems that already exist in our communities. A family that was financially stable on Monday can be facing displacement, an insurance dispute, lost wages and thousands of dollars in destroyed property by Tuesday.
And what initially appears to be one problem quickly becomes many.
A flood is rarely just a flood
Consider something as seemingly straightforward as a flooded rental property.
The immediate questions are obvious: Is everyone safe? Where will the family stay tonight? Do they have food, clothing and medication?
But almost at once, another set of questions begins.
Can the tenant return to the property?
Is the unit legally habitable?
Who manages removing water, mold and damaged materials?
Can the landlord enter the property without the tenant’s permission to begin remediation?
What happens if the landlord removes or disposes of the tenant’s belongings?
Does the landlord’s insurance cover any of the tenant’s personal property? Does the tenant’s renters’ insurance apply?
What happens if there is flood insurance?
What insurance claims must be made before the tenant seeks help from FEMA, the state of Indiana or another disaster-relief program?
How do duplication-of-benefits rules affect that aid?
If the property cannot be repaired, has the lease been terminated?
What happens to prepaid rent or the security deposit?
And, most importantly, what deadlines are already in play while the family is trying to figure out where it is going to sleep?
None of those questions can be answered with a box of food or a hotel voucher. They need legal knowledge.
That’s why legal services cannot be viewed as something separate from disaster response. They are part of the continuum of services necessary to help a person recover.•
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Floreancig is general counsel and CEO of Indianapolis Legal Aid Society, and Stewart is senior litigation partner.
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