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March 17, 2017


Disaster Prep

Shielding your practice from disaster: Ethical and professional considerations

by Whittney Dunn, risk manager, The Bar Plan Mutual Insurance Company  

As those who have been affected by the most recent string of storms in Missouri can attest, tornado season is upon us. Most are aware of the devastating societal and economic impacts these natural disasters can have on communities, but young attorneys may not be aware of the potential malpractice and ethical risks that can arise in the wake of such storms.

In order to analyze how prepared your office is to weather a natural disaster, ask yourself what you would do if your entire physical office, as it currently exists, was destroyed tomorrow. Would you be prepared to pick up the pieces and continue to zealously represent your clients without anything slipping through the cracks? If the answer to that question is no, it is time to put together a plan for what you will do if disaster strikes.

The primary goal of a disaster preparedness strategy is to ensure that you are able to continue providing your clients quality legal services without interruption. While only you can properly analyze the risks faced by your practice and the best ways to protect your clients if the worst were to occur, these tips should help set you down the right path.

Communication

Think about how your firm will communicate with the courts, other lawyers, staff, clients and vendors if your physical space is destroyed. You may want to consider establishing a protocol to set up an emergency hotline, arrange for a forwarding number or designate a contact outside of the area impacted by the disaster to assist you with this essential communication. You should also plan for where mail should be rerouted and who will be responsible for communicating with the courts regarding your situation.

Firm and Client Data

In order to ensure that representation of your current active clients can continue without harm to their interests, it is essential that you have a back-up plan for your active client list, your calendar and your active client files. Make certain you have an off-site copy of your active client list. If you store your data electronically, have a plan in place for where that information will be backed up or how it will be recovered. If you keep paper files, you should make a plan to begin gathering and protecting the documents as quickly as possible. Water damage can begin to deteriorate paper records within hours; therefore, it is crucial to have a plan in place to dry or freeze documents right away.

Workspace

Where will your work be conducted if your offices are no longer accessible? It could be beneficial to develop a plan to get a temporary office up and running as quickly as possible. Your plan should address not only the physical space where your temporary office will be set up but also what office supplies, equipment and utilities will be necessary.

Succession Planning

Preparing an adequate succession plan is part of your duty to competently represent your clients. Though many might not want to consider the possibility, you should think about what would happen if you were incapacitated. If you practice in a firm with other attorneys, work this out now. If you are a solo practitioner, you should find another attorney who is willing and able to wind down or take over your business. More information regarding succession planning can be found in “Planning Ahead: A Guide to Protect Your Client’s and Your Survivor’s Interests In the Event of Your Disability or Death.”

Insurance Coverage

An emergency plan will likely also include adequate insurance coverage to protect your firm from the financial and professional risks associated with a natural disaster.

As you are developing your office’s personalized disaster strategy, it is important to keep in mind that your needs may go beyond the tips contained here. The purpose of this plan is to identify your law firm’s essential processes and their impact on your business and your clients, and then establish procedures and assign responsible parties to execute those procedures. For more information or assistance with developing your plan, visit mobar.org/lpmonline/disaster/ or contact Whittney Dunn, risk manager at The Bar Plan, at 1-800-843-2277 (ext. 171).