Two words: “disaster” and “attorney,” said consecutively, conjure up what image or mental associations for you? Alternatively, if a non-legally trained individual asked you, as a legal professional, what a disaster attorney practices, what would your response be?
If you had asked me the same question during law school or after graduation, my responses would have ranged from, “Yep, I got nothing.” “Is there such a thing?” “What substantive area of law is that even in?” “Did I miss that on the board certification list?” “And what exactly do they do?”
These two words expressed together have no nexus and fall amid an ambiguous abyss of semantics, as many of us have no association between the two words. Now, distinguish that void from what conceptual associations the single word “disaster” invokes. Do you see remnants of homes destroyed in wildfires or roofs covered with blue tarps because of the destruction endured in a hurricane, or cars with flashing lights submerged in floodwaters? What about mass care shelters with a gridiron of cots, individuals standing in a single-file line wearing masks awaiting some uncertainty, or search and rescues being conducted to save people’s lives?
Well, those images are a direct correlation to what disaster attorneys do. I can definitively say, yes, disaster attorneys are such a thing, and they practice within a wide range of substantive legal issues. Some disaster attorneys may handle tort claims focusing on personal injury caused by the disaster or event. Still, disaster legal services or pro bono attorneys assisting with disaster relief provide free legal services to individuals who otherwise would not have access to civil legal services and focus on civil issues arising from a disaster or emergency.
Accessibility to free legal services is essential to address the needs of marginalized and vulnerable communities. Wealth status is one variable among various demographics or immutable characteristics contributing to the social inequities and disparities already experienced. Unfortunately, a disaster or emergency does not differentiate among classes or demographics. More accurately, it is the injustices already in play, which are exacerbated and come to fruition, as seen in the tragic impact and lack of resiliency within these communities.
In a disaster or emergency, survivors may encounter legal issues in the response or recovery phases of the event or throughout both. Such problems may include:
The potential for exposure to substantive legal issues is expansive because of the intersectionality between the event itself and legal causes of action. Nevertheless, while it is imperative to amass substantive knowledge about disaster frameworks, potential private rights of action across the rule of law, or the obligations of the government, the ability to work with and support disaster survivors is invaluable. The capacity to efficiently identify the pertinent facts, applicable law, and legal strategies provide the foundation to work the case. Still, the interaction with clients affords the humility to appreciate and comprehend the totality of the case.
During the pandemic, many soon-to-be licensed attorneys were denied or delayed employment opportunities because of economics or licensure uncertainty. However, offering your specific skill set can help those organizing and supporting disaster relief services and is advantageous to developing or enhancing your legal skills.
Regrettably, disasters and emergencies are increasing annually in both frequency and severity. Now we must face not only concurrent disasters but also concurrent disasters among ongoing, long-term recovery efforts and continued public health emergencies. Thus, the importance of sustaining disaster relief and legal resources to support those in need. By assisting with disaster relief efforts, you support disaster survivors and maintain the accessibility of legal services. Contact your local or state bar associations to inquire about helping with disaster relief efforts.
The Disaster Legal Services Program of the American Bar Association Young Lawyers Division exists to respond to the unmet legal needs that arise after natural disasters. Through a partnership with FEMA, the YLD provides disaster legal services to low-income disaster survivors following a presidentially declared “major disaster” as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
