ABA Issues New Guidance on What a Lawyer Should Do Before, After a Disaster Happens
The formal opinion notes that recent large-scale disasters, such as Hurricane Florence in the Carolinas, highlight the need for lawyers to understand that extreme weather events and other calamities have the potential to destroy property or cause the long-term loss of power. Lawyers, in turn, have an ethical obligation to implement reasonable measures to safeguard property and funds they hold for clients or third parties, prepare for business interruption and keep clients informed about how to contact them or their successor counsel.
Specifically, the opinion underscores the importance for lawyers to know these ABA Model Rules of Professional Conduct (https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html):
* Model Rule 1.4 (communication), which requires them to take reasonable steps to communicate with clients after a disaster.
* Model Rule 1.1 (competence), which requires them to develop sufficient competence in technology to meet their obligations under the rules after a disaster.
* Model Rule 1.15 (safekeeping property), which requires them to protect trust accounts, documents and property the lawyer is holding for clients or third parties.
* Model Rule 5.5 (multijurisdictional practice). which limits practice by lawyers displaced by a disaster.
* Model Rules 7.1 through 7.3, which limit lawyers' advertising directed to and solicitation of disaster victims.
"Lawyers must be prepared to deal with disasters," the ABA opinion said. "Foremost among a lawyer's ethical obligations are those to existing clients, particularly in maintaining communication. Lawyers must also protect documents, funds and other property the lawyer is holding for clients or third parties. By proper advance preparation and taking advantage of available technology during recovery efforts, lawyers will reduce the risk of violating professional obligations after a disaster."
The formal opinion is the latest of several ABA initiatives in recent years that focus on disaster relief and legal issues.
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