Part III: Serving the Public Following a Disaster
History
"The concept of a contingency plan for bar associations to cope with mass disasters in a prompt and effective manner was initiated during the Texas Bar Foundation Symposium on Advertising and Solicitation held in December 1985. It became evident during that symposium that there was an immediate and critical need for a package of materials and procedures for bar associations to use when confronted with a local disaster such as an airplane crash.
The American Bar Association Section of Tort and Insurance Practice (TIPS) Council Task Force on Mass Disaster and the Legal Profession explored the bar's historical response to mass disasters and concluded that the organized bar has failed in two significant areas. First, the legal profession and the organized bar have failed to provide necessary information and advice to the public following a mass disaster. Second, the legal profession and the organized bar have made little effort to protect the affected public from unethical conduct by lawyers from both the plaintiff and the defense bars."
-Concept Paper, Mass Disaster
Response Project, 1989
ABA Special Coordinating Cmte on Professionalism
In 1989, the ABA Special Coordinating Committee on Professionalism and
Tort and Insurance Practice Section developed the Mass Disaster Response
Project. Since that time, many state and a few local bar associations
have developed mass disaster response plans to provide for both public
service and public protection. Interestingly, this is the aspect of
disaster preparedness to which bar associations appear to have devoted
the most attention. Many bar associations have formalized plans and
procedures to provide for public service even if they not given much
thought to internal preparedness or how the organization might serve
its members in an emergency. Optimally, each of these areas of concern
- internal preparedness (staff and
infrastructure), service to members
and service to the public - is addressed and coordinated within a single
plan.
Before You Develop the Public Service Section of the Plan
As we develop a disaster preparedness or response plan, the Federal Emergency
Management Agency suggests we first undertake an evaluation of the likely
risks in our area in order to identify the range and likelihood of individual
emergencies. As we then begin to consider how the bar association might
assist the public in the event of an emergency, FEMA suggests we look at
what other organizations do. In particular, government agencies and community
organizations may be able to provide valuable information about a locality's
plans for disaster response. A few of the local resources to consult are:
- Community emergency management office
- Mayor or Community Administrator's office
- Local Emergency Planning Committee (LEPC)
- Fire Department
- Police Department
- Emergency Medical Services Organizations
- American Red Cross
- Neighboring businesses
- Other relevant law-related organizations
Components of the Public Service Section of the Plan
While a mass disaster response plan cannot address the particularities
of a specific disaster, it lays a framework for decision-making, communications
and for activating the volunteer network. Bar association mass disaster
response plans that provide for public service and protection should
include:
1. Mass Disaster Response Plan mission/statement of purpose
What is the definition of a mass disaster? Does it vary, depending upon the nature of the disaster?
2. What is the chain of command?
Who is in charge? Who is second-in-command if that individual is unavailable?
How will the organization make decisions?
3. Disaster Response Committee/Team
What is the composition of the Disaster Response Committee and/or Team?
What is the role and responsibility of the Disaster Response Committee and/or Team?
4. How is the program activated?
Whose decision is it to activate the program? How will the Committee/Team be contacted?
How will the bar association train volunteers?
5. Who are the key people who need to be contacted?
Your board members? Your committee and section chairs?
Other state, local and special-focus bar association leaders? Community leaders?
6. How will the bar communicate the availability of services to the
public?
Who serves as the spokesperson for the organization?
Who is responsible for developing the communications strategy?
7. How will the bar coordinate with other bar associations and legal service agencies?
This final point - coordinating activities - can be a major challenge.
Unfortunately, mass disaster plans typically do not devote much space
to intra-organizational coordination. Because a bar's action is contingent
upon the nature of the disaster, many decisions cannot be made in advance.
Nevertheless, bar associations will find it useful to develop general
guidelines about how bars will communicate with one another in a disaster
situation and how decisions can be made cooperatively.
In addition, consider potential state and local bar roles. In New York, for example, the state bar is working closely with the courts and is serving as the central clearinghouse for information about the September 11th terrorist attacks (tracking firm relocation; providing links on its Web site to relief organizations, legal publishers, insurance carriers, etc.). Local bars played to their strengths by providing many of the volunteers for direct public service. In this case, geography was a consideration since the state bar is three hours upstate and there are many bar associations located in the city and its environs.
A number of bar association mass disaster plans are available electronically
for your reference through the attached bibliography
and by request through the Division for Bar Services clearinghouse.
In addition to the FEMA guide, see the Red Cross resource "Preparing
Your Business for the Unthinkable" at http://www.redcross.org/services/disaster/beprepared/busi_industry.html.
Bibliography
(These resources available from the ABA Division for Bar Services)
Bar association emergency response plans
Bar Association Response Team Activities, 1990 [excerpt from a larger disaster response manual - title not known; it explains procedures and activities, provides sample press releases and informational notice]
ABA Young Lawyers Division and FEMA Manual for Disaster Legal Services, 1993
Alabama State Bar Disaster Response Plan, 1991
State Bar of California California Handbook for Disaster Legal Services,
1997
Bar Association of San Francisco Disaster Response Handbook: Mobilizing
the Private Bar to Provide Post-disaster Legal Services, 1990
The Florida Bar Crisis Management/Disaster Response Plan, 1998
Maryland State Bar Association, Inc. Disaster Response Plan,
1989
The New York State Bar Association Mass Disaster Response Plan. [PDF]
The Association of the Bar of the City of New York Issues Recommendations
and Guidance for Disaster Response [Press release], 1997
Ohio State Bar Association Public Protection Plan, October 1991
Oklahoma Bar Association Disaster Legal Assistance Program
Pennsylvania Bar Association Response Plan for Mass Disasters,
1992
Rhode Island Bar Association Disaster Response Plan, 1996
The South Carolina Bar Crisis Management/Disaster Response Plan,
July 1990
The State Bar of Texas Disaster Response Plan (Natural Disasters). [PDF]
Virginia Emergency Legal Services Response Plan Manual, 1996
The Washington State Bar Association Disaster Response Plan,
1990
Other articles about bar association emergency response plans
"IOLTA Update" North Carolina Bar Journal, 2000 [how IOLTA funds help the needy]
"Mass Disaster Plan Protects Integrity of Legal Profession"
Pennsylvania Bar Journal, 1992
Plans/articles that address specific disaster events
State Bar of California "State bar opens emergency facilities to coordinate legal relief efforts in riot-torn Los Angeles," public service announcement, 1992
State Bar of Georgia Flood Relief Project, 1994
Minnesota State Bar Association Disaster on the Red River: The Legal
Community Responds, 1997
State Bar of Texas Southeast Texas Flooding: The State Bar of Texas Response, 1995
Guidance for bar association legal response teams
FEMA Disaster Legal Services (handbook for individuals setting up or volunteering in Disaster Application Centers to aid disaster victims)
Atlanta Bar Association Preparing for the 1996 Summer Olympic Games - What Lawyers Must Know, 1996 [disaster planning is one of the topics addressed]
State Bar of California Policy Guidelines for Response to Disaster Scenes, 1989
Heitkamp, Heidi. Consumer Fraud Protection in Disaster Related Emergencies, 1997
Minnesota State Bar Association Deskbook on Representing Clients in Dealing with Flood and Fire Disasters, 1997
The Association of the Bar of the City of New York, General Guidance for Mass Disaster Response Team Members, October 1997
North Carolina Bar Association Representing Disaster Victims in North Carolina: Legal Advocacy an Hurricane Floyd, 1999 [2 volumes]
Oklahoma [Bar Association] Disaster Response and Relief Plan, 1990
Pennsylvania Bar Association Good Neighbor Outreach Project, Volunteer Resource Book
Virginia State Bar Young Lawyers Manual, conference proceedings, 1995
Communications/PR-oriented resources
Hill & Knowlton Preparing My Crisis Readiness/Response Plan Worksheet, 2001
Lustberg, Arch and Beverly Silverberg "Sending the Right Message When Crisis Strikes: Nine Steps to Preventing a Communications Nightmare" Association Management, 1996
NABE PR & Communications Sections Workshop An Incomplete Guide to Mass Disaster and Crisis Public Relations Planning, 1990
National Conference of Bar Presidents Plenary Seize the Day: Turning Lemons into Lemonade, 2001
Public Relations Society of America Tips and Techniques: Crisis Planning and Management
Guidance for the public provided by bar associations
State Bar of Arizona Mass Disaster - A Victim's Guide, 1996
Los Angeles County Bar Association/ABA Disaster Relief Assistance Program
Legal Services of Greater Miami Recovering from Hurricane Andrew: Your Legal Rights, 1992
Hawaii State Bar Association "Notice to Maui Air disaster victims,"
1988
Iowa State Bar Association "Notice to United Flight 232 Disaster
Victims," 1989
Legal Services of Northwest Minnesota and the Minnesota State Bar Association Accessing Public Benefits and Available Disaster Assistance, 1997
Legal Services of Eastern Missouri Recovering from the Flood of 1993: Your Legal Rights, 1993
Association of the Bar of the City of New York General Guidance to the Families of the Victims of a Disaster, 1997
Pennsylvania Bar Association Legal Guide for Victims of Mass Disasters, n.d. [pamphlet]
South Carolina Bar Mother Nature Doesn't Always Knock: Disaster Assistance,
1990 [pamphlet]
State Bar of Texas Mass Disaster Project: A Victim's Guide, 1990
[pamphlet]
