Disaster Legal Services Training Manual Chicago, IL June 2014 Disaster Legal Services Training Session American Bar Association Federal Emergency Management Agency (FEMA) June 2014 Chicago, IL http://www.americanbar.org/groups/young_lawyers/disaster_legal_services.html ABA YOUNG LAWYERS DIVISION DISASTER LEGAL SERVICES (DLS) DLS/FEMA TRAINING AGENDA June 28, 2014, 2:15 p.m. – 6:30 p.m. Hotel Chicago Downtown 333 N. Dearborn Chicago, Illinois 2:15pm Check-in, Welcome, and Introductions David Nguyen, DLS Director Mary Ellen Martinet, Associate Chief Counsel, FEMA 2:30pm Introduction to the Disaster Legal Services program and the Federal Emergency Management Agency Tanya Stevenson, FEMA Ryan Hamilton, DLS Vice-Director 3:15pm Break 3:30pm Involving civil legal services in disaster response & National Disaster Legal Aid John Eidleman, Senior Program Counsel, Legal Services Corporation (LSC) Tony Barash, Chair, ABA Special Committee on Disaster Response & Preparedness 3:45pm Activity 4:00pm The ABA YLD Response to a Disaster and Implementing the DLS Program Dana Hrelic, former District Representative for Connecticut and incoming Administrative Director 5:00pm Break 5:15pm Mock Disaster Table Top Exercises David Nguyen, DLS Director, and the DLS Team 6:00pm Reflection & Closing Panel Page 1 of 78 I. TRAINING OUTLINE Welcome and Introductions – David Nguyen, DLS Director & FEMA Rep. II. The DLS program & FEMA I. Overview of the DLS Program – Ryan Hamilton, DLS Vice-Director Brief history A. Federally mandated program B. FEMA responsible with carrying out federal mandate C. FEMA carries out mandate through partnership with ABA, which in turn partners with various legal aid groups, disaster responders, and bar associations II. Brief explanation of when DLS is implemented - DLS may be implemented after the President declares an area a major disaster and FEMA requests DLS services III. DLS Mission and Objectives - Ensure major disaster survivors have access to pro bono legal help IV. Brief explanation of how DLS accomplishes its mission and objectives A. When FEMA requests DLS, the ABA works with district representatives who work with local legal aid groups, law firms, and bar associations to deliver pro bono legal services B. DLS is delivered via a hotline and/or onsite at a Disaster Recovery Center (DRC) where disaster survivors can connect up with an attorney C. DLS is in whole a volunteer program in which the District Representative (DR) is responsible for the following: Coordinating the setup of the hotline Recruiting volunteers to manage the hotline calls and the walk-ins at the DRC Assist disaster survivors so their legal needs can be met V. Brief overview of partners and ABA Sections A. FEMA and the ABA YLD are the primary partners in the DLS program as outlined in the MOA B. Legal Services Corporation is an umbrella organization for legal aid groups throughout the country C. ABA Special Committee on Disaster Response and Preparedness is available to assist in mitigating and developing the relationship between the DR and the state and/or local bar associations and are willing to provide their disaster expertise if needed D. ABA Pro Bono Program will post hotline information, press releases, etc. on the ABA Disaster Website www.abanet.org/disaster FEMA–Tanya Stevenson, Program Specialists, FEMA Headquarters Page 2 of 78 I. Brief overview of structure II. Brief overview of mission and objectives III. Brief overview of the disaster declaration process A. Disaster strikes and the Governor requests the President to declare the area a major disaster B. President declares area a major disaster C. The disaster declaration triggers implementation of certain Individual Assistance programs IV. Brief overview of the Individual Assistance programs A. Unemployment B. Housing C. Disaster Legal Services (DLS) V. FEMA’s role in DLS A. Evaluate area and survivors impacted by a major disaster to determine need for DLS B. If DLS is determined, FEMA informs the YLD DLS Director of the declared area and they follow-up with a Disaster Declaration, Letter of Intent (LOI), and Purchase Order (PO) for $5K to initiate the program C. Provide DRC access to DLS participating attorneys III. Involving civil legal services in disaster response & National Disaster Legal Aid Legal Services Corporation (LSC) – John Eidleman, Senior Program Counsel I. Brief overview of LSC • Federal roots • Mission and objectives II. Brief explanation of where LSC legal aid groups are located throughout the country III. Brief explanation of LSC’s role in disasters • LSC maintains its primary mission of serving the legal needs of low income persons • These legal needs may be complicated or increased because of a disaster • LSC partners with the ABA in a couple of ways • It may host the DLS hotline It may provide attorneys to represent low income disaster survivors who meet LSC income parameters Page 3 of 78 Special Committee on Disaster Response and Preparedness – Tony Barash, Chair I. Brief overview II. Mission and objectives III. Role with DLS IV. Committee members as a resource to ABA YLD IV. I. ABA YLD Response to a Disaster and Implementing the DLS Program Contractual obligations A. Familiarize yourself with the Memorandum of Agreement between FEMA and the ABA YLD B. Proceed with establishing the hotline only once the Letter of Intent LOI is received to ensure reimbursement of expenses C. Purchase order will follow and DR needs to take note of the terms of purchase order (term date and amount) so as not to exceed them. Prior approval is required from FEMA by way of an amended purchase order to exceed the terms. II. Hotline assistance A. Upon receipt of the Letter of Intent proceed with hotline setup See lifeline of an ABA YLD/FEMA hotline power point Hotline usually housed by state bar Hotline callers usually screened by state bar staff members Screened callers sent to district representative for assignment to volunteer attorneys Hotline must be toll free III. On-site assistance - Staff booth at Disaster Recovery Centers (DRC) Work with field representative to coordinate IV. Volunteer recruitment A. Contact state and local bars to let them know of need B. Contact local legal aid groups - refer to contact lists distributed by Legal Services Corporation C. Contact the pro bono counsel of larger law firms V. Hotline publicity A. Local / state media press releases State Bars will usually draft the press releases All press releases must be reviewed by ABA Media Relations before released. Forward a Microsoft Word document of the press release for review to the YLD Staff Program Associate, Alia S. Graham and the Communication Services Page 4 of 78 Manager Ira Pilchen Once the press release is finalized they can be sent to TV stations, newspapers, radio stations, local churches, third party agencies (Red Cross, Food Bank), etc. Also, the DR needs to send a PDF version of the final press release to YLD Program Associate – Alia S. Graham for historical purposes and to ensure it gets posted on the ABA Disaster Website B. ABA Center for Pro Bono will publicize disaster 800 numbers, press releases, volunteer requests, etc. on the ABA Disasters Website at link www.abanet.org/disaster VI. Volunteer training A. DLS manual Overview of DLS program Overview of typical legal questions List of third party organizations Go-bys B. District representative instruction Cannot charge or accept a fee Must be a low income survivor at the time of the call VII. Assignment of cases to volunteers A. Done through the district representative in smaller disasters B. May be done through third party for larger disasters VIII. Reporting requirements A. District representative reports on a weekly basis to FEMA Field Representative; ABA Staff Liaison– Alia S. Graham; and the YLD DLS Team – David Nguyen, Kimberly Goins, Wendy Ellard, Jamin Horn, and Matthew Vlasman Number of calls (with weekly total and grand total columns) Types of calls Number of volunteers Number of cases opened and closed B. Shut down of hotline District representative works with FEMA field representative to IX. determine the appropriate time to shut down the hotline Appropriate time is when the hotline is not receiving any calls after a reasonable period of time Submission of Disaster Approved Expenses A. District Representative will need to submit for the disasters approved expenses within 30-days of hotline closure. Expense reimbursement requests should be sent to the FEMA Field Officer for initial review and approval and Page 5 of 78 copy the YLD Staff Liaison – Alia S. Graham, Program Associate. The following is required and should be included when submitting Detailed invoice from the bar association (on their letterhead) that incurred the expenses to the American Bar Association – Attn: Alia S. Graham Must include backup pertinent receipts and invoices, tallies, approval emails, etc. If ever in doubt on the process contact Alia S. Graham at 312.988.5671 with questions B. Once invoice and backup is submitted to the FEMA Field Officer and YLD Staff Liaison the following steps must occur before ABA can process the payment Submission is reviewed for accuracy and completeness by FEMA and ABA ABA creates an invoice and includes with the reimbursement packet received from the DR and submits to FEMA Headquarters for their review Once FEMA approves expenses they will process the ABA’s invoice through a wire transfer Upon receipt of the funds the ABA will then processed the invoice submitted from the bar association to the ABA for payment X. Timeliness concerns A. When DLS is activated (Letter of Intent - LOI is received) the hotline must be set up within a short period of time (48 hours is ideal) B. When a disaster survivor calls a hotline, the survivor’s call must be returned within 48 hours C. DLS reports must be sent each week D. Preplanning - In your absence due to a vacation, etc. be sure to inform the YLD Staff Liaison; DLS Team; and the Administrative Director who they should contact in the event of a disaster in your district XI. The role of the national district representatives A. Provide access to translation services B. Assist with recruitment efforts if needed V. Table Top Mock Disaster Exercise – David Nguyen, DLS Director, and the DLS Team VI. Closing Panel & Reflections Page 6 of 78 NOTES: Page 7 of 78 Page 8 of 78 Page 9 of 78 Page 10 of 78 Page 11 of 78 Page 12 of 78 Disaster Overview Disaster cycle Types of Disasters Emergency Response How Disaster Legal Services fits in Disaster Cycle Types of Disasters Natural or man made Warning versus No‐warning Emergency Response How Disaster Legal Services (DLS) fits in Life safety and preservation Search and rescue Medical care Immediate needs ‐ Food, shelter, clothing DLS is a FEMA Individual Assistance program The ABA YLD provides DLS in presidentially declared disasters through its MOU with FEMA Part of collaborative disaster response effort Includes local, state and federal agencies, non profit organizations, etc. (counties/parishes, state and federal governments, FEMA, Red Cross, Salvation Army, Southern Baptist Convention, etc.) Asset protection Incident Command System Coordinated approach to incident management Page 13 of 78 Questions? Page 14 of 78 Lifeline of an ABA YLD FEMA Hotline 1. Lifeline of an ABA YLD FEMA Hotline Natural or man-made disaster occurs. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 2. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline President declares disaster area. 3. FEMA determines that disaster legal services are needed. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 4. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 5. FEMA contacts ABA YLD Disaster Legal Services (DLS) Director. DLS Team Member contacts appropriate ABA YLD District Representative. District Representative (DR) determines: a. b. c. Doc # 2132218 © Cummings & Lockwood LLC 2002 Page 15 of 78 Where hotline will be housed. Who will staff hotline. How referrals will be handled. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 6. Lifeline of an ABA YLD FEMA Hotline Contact occurs between FEMA Field Officer and ABA YLD District Representative. 7. Doc # 2132218 © Cummings & Lockwood LLC 2002 9. ABA YLD District Representative establishes hotline and works with FEMA to distribute hotline number. a. b. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline Lifeline of an ABA YLD FEMA Hotline 8. Calls coming into the hotline are handled upon receipt or, if more complicated, intake sheet is passed on to referral attorney. Calls eligible for assistance must be: a. Related to the disaster. b. From low-income individuals. c. Not fee-generating. i. If fee-generating call, must be referred to local or state attorney referral service. ii. If not fee-generating and call is simple, may be handled on the phone by attorney working the hotline. iii. If complicated, refer to pro bono attorney, who must make contact with caller within 48 hours. Toll-free 800 number must be used. (ABA Chicago office provides toll-free 800 number if needed.) Voicemail must indicate that caller has reached “the FEMA-ABA YLD Disaster Legal Services Hotline.” May wish to add “in conjunction with __________ State Bar.” Voicemail message should be recorded in both English and Spanish. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 10. 11. DLS Director receives Letter of Intent and Funding Letter from FEMA. Usual amount of initial funding is $5,000. If costs are expected to exceed that amount, DR should notify DLS Team Member who will work with DR and FEMA in producing a budget for FEMA’s approval. If funds in excess of the initial allocation are spent without prior approval there is no guarantee that reimbursement will be given. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline Attorneys who are licensed in the state may answer legal questions while answering calls on the hotline, attorneys not licensed in the state and all others may only fill out client intake forms which will be sent to attorneys who have volunteered to take pro bono cases. If a call is handled on the hotline, no intake sheet needs to be completed. People who volunteer to answer calls on the hotline must travel to the hotline location, we cannot route calls elsewhere. Doc # 2132218 © Cummings & Lockwood LLC 2002 Page 16 of 78 12. Attorneys who are licensed in the state may take pro bono cases. 13. ABA YLD District Representative maintains daily tally of calls and reports totals to DLS Team Member, FEMA Field Officer, and ABA YLD Staff on weekly basis. DLS Coordinator sends weekly report to FEMA Headquarters. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 14. Lifeline of an ABA YLD FEMA Hotline Calls slow down - ABA YLD District Representative works with DLS Team Member and FEMA to determine appropriate time and manner of terminating hotline. 15. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline 16. Expense reimbursement requests should be sent to FEMA Field Officer for initial approval then to the ABA Chicago office for processing. Please keep receipts to substantiate your reimbursement requests. Doc # 2132218 © Cummings & Lockwood LLC 2002 Page 17 of 78 Final tallies sent to DLS Team, ABA Staff, and FEMA Field Officer. DLS Team Member sends final tally to FEMA Headquarters. Doc # 2132218 © Cummings & Lockwood LLC 2002 Lifeline of an ABA YLD FEMA Hotline Natural or man-made disaster occurs. Contact occurs between FEMA Field Officer and ABA YLD DR. DLS Director receives letter of Intent and Funding Letter from FEMA. Attorneys who are licensed in the state may take pro bono cases. ABA YLD DR maintains daily tally of calls and reports totals to DLS Director, YLD Staff Liaison, and FEMA Field Officer on weekly basis. DLS Director sends weekly report to FEMA Headquarters. President declares disaster area. FEMA determines that Disaster Legal Services are needed. DLS Director contacts appropriate ABA YLD District Representative (DR). ABA YLD District Rep establishes hotline and works with FEMA to distribute hotline number. People who volunteer to answer calls on the hotline must travel to hotline location, we cannot route calls elsewhere. Calls slow down – ABA YLD DR works with DLS Director and FEMA to determine appropriate time and manner of terminating hotline. FEMA contacts ABA YLD Disaster Legal Services (DLS) Director. Calls coming into hotline are handled upon receipt, or if more complicated, intake sheet is passed onto referral attorney. Attorneys who are licensed in the state may answer legal questions while answering calls on hotline; attorneys not licensed in the state and all others may only fill out client intake forms which will be sent to attorneys who have volunteered to take pro bono cases. Final tallies sent to DLS Director, YLD Staff Liaison and FEMA Field Officer. DLS Director sends final tally to FEMA Headquarters. Expense reimbursement requests should be sent to FEMA Field Officer for initial approval then to the ABA Chicago office for processing. Please keep receipts to substantiate your reimbursement requests. Doc # 2132218 © Cummings & Lockwood LLC 2002 Page 18 of 78 6/20/2013 Oklahoma Severe Storms & Tornadoes ABA YLD Response to a Disaster and Implementing the DLS Program • May 20, 2013 at 2:56 p.m. • Peak winds at 210 miles per hour • On the ground for 39 minutes over a 17‐mile path • Killed 24 people • Injured almost 400 others • 1,150 homes destroyed • $2 billion in damages Dana Hrelic District 2 Representative (Connecticut and Rhode Island) Molly Aspan District 24 Representative (Oklahoma and Arkansas) Dana Hrelic Horton, Shields & Knox, P.C. 90 Gillett Street Hartford, CT 06105 Office: (860) 522‐8338 [email protected] Molly Aspan Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 320 S. Boston Avenue, Suite 200 Tulsa, OK 74103 Office: (918) 594‐0595 [email protected] Hurricane Sandy • • • • • Second Costliest Hurricane in U.S. History Major Flooding Torrential Rain Gale‐Force Winds Connecticut & Rhode Island: – Road Closures for all State Highways – People on the shoreline, in up to 4 counties, evacuated from their homes – Power outages for approximately 625,000 up to 9 days after the storm – Millions of gallons of raw and partially treated sewage discharged into Long Island Sound – Hundreds of houses and businesses ravaged by the storm, flooded and destroyed – Destroyed all new construction and rebuilding from the effects of Hurricane Irene, which was August 2011. Moore, Oklahoma Briarwood Elementary School Before Disaster Strikes … • You should: – Prepare a “Form” News Release – Talk to Your State Bar Affiliate • Give Them a Heads Up About Hotline Assistance • Discuss the Process & Be Prepared – Inform State & Local Affiliate Members of Potential Need to Recruit DLS Volunteers – Read Memo of Agreement between FEMA and ABA YLD and Become Familiar with Your Contractual Obligations Page 19 of 78 1 6/20/2013 How the Hotline Works When Disaster Strikes … 1) 2) • Timing of Major Disasters: – State Governor Declaration of Emergency & Request for Assistance – Presidential Declaration of Federal Emergency Hotline Callers Call the 1‐800 or 1‐888 Toll Free Hotline Hotline Calls Screened by State Bar Staff Members – Screening Information: Fill Out DLS Call Log Sheet • • Name, Address, Cell & Home Phone Numbers What type of legal assistance is needed? 1) 2) 3) 4) 5) 6) • Two Types of Assistance: – Public Assistance: » Funding Available to the State and Local Governments (and Some Non‐Profits) – Individual Assistance: » Funding Available to Individual and Family Residents Affected by Disaster • 3) 4) 5) 6) • DLS kicks in after Individual Assistance is Declared FEMA application or denial of assistance help Life, medical and/or property insurance claims Home repair contracts and/or contractors Replacement of wills, deeds, etc. Landlord/Tenant problems Mortgage and foreclosure problems Do you presently have a lawyer? Can you afford one? Staff Bar Members Forward Calls to DR (you!), and DR Distributes Calls to Volunteers; OR Staff Bar Members Distribute Calls to Volunteers. Ask Volunteers to Return Calls within 48 Hours & Report Back Letter of Intent Press Release • Did you already draft a “form” press release? If so, fill in the details! If not, do it now. • Coordinate release to local & state media by state bar affiliate within 48 hours • Include hotline number & eligibility • After Individual Assistance is Declared for Counties in your State, You Will Receive a Letter of Intent. • It Declares FEMA’s Intent to Implement DLS ... – This is how you inform the public of how they can access DLS. • And usually arrives up to 1 week after a declaration. • Send to Your FEMA Field Rep., David Nguyen and Gina Sadler for Review and Approval before Release Look for Samples in Your Materials! Release the Release! Hotline Assistance • Ask Your State Bar Affiliate to Release Your Press Release to Local and State Media including: • When You Receive the LOI, Set Up the Hotline – Within 48 Hours (Ideally) – Usually Housed by State Bar – – – – • Did you discuss this with the State Bar already? If so, remind them of what needs to be done. – Toll Free Line TV stations, Newspapers, Radio Stations Local Churches Third‐Party Agencies (Red Cross, Food Bank, etc.) Bar Publications and Media • Send a PDF version to Gina Sadler to ensure it gets posted on the ABA Disaster Website • State Bar can be reimbursed for cost of establishing line • Get estimate of line cost and authorize reimbursement with your FEMA contact before establishing line – The ABA Center for Pro Bono will also publicize it. – www.americanbar.org/disaster – Get the Phone Number & Coordinate With Your FEMA Field Rep. Page 20 of 78 2 6/20/2013 Volunteer Recruitment Recap: It’s All in the Timing • Reach Out to Local and State Bars to Recruit Volunteers • Contact Local Legal Aid Groups • Contact Pro Bono Counsel of Larger Law Firms • Set up Hotline Within 48 Hours of Receiving LOI • Ask Your Volunteers to Return the Calls Within 48 Hours • DLS Reports Must Be Sent Weekly (Ask Your FEMA Field Representative if s/he Has a Preference for What Day of the Week) • Check Your Calendar Going on Vacation? Attending a YLD Conference? Real Life Example: Connecticut & Hurricane Sandy •Sent e‐mails to local county bar young lawyer associations •Sent e‐mails to Connecticut Bar Association YLS •Worked with YLS leadership to specifically e‐mail individuals •Reached out to Statewide Legal Services (CT legal aid group) •They volunteered to handle all landlord/tenant referrals. •Worked with CBA Insurance Section, which established its own hotline for insurance‐related questions and referrals. – Inform the YLD Staff Liaison, the DLS Team, the Administrative Director and your FEMA Representative of what dates you’ll be gone and what arrangements you’re making in the interim. You can’t get what you don’t ask for, so DON’T BE AFRAID to ask for help! Volunteer Training On‐Site Assistance • You: • You May be Asked to Help Staff the Booth at Disaster Recovery Centers (DRC) – Review DLS Manual includes overview of DLS program & overview of typical legal questions • Give Your Volunteers: – Check with your FEMA Field Representative & work with him/her to coordinate. – Copies of sample questions – List of third‐party organizations that will help – List of other community and bar association resources (referral networks, etc.) • Tell Your Volunteers: – They don’t have to take every (or any) case. This is about helping survivors with basic legal advice and pointing survivors with more in‐depth problems in the right direction to people that can and will help them. Reporting Requirements Real Life Problems • Who will house the toll free hotline? • DR (you!) Must Report on a Weekly Basis to your FEMA Field Representative, Gina Sadler, and the YLD DLS Team (including David Nguyen) • Report is in Excel Format and Includes: – – – – – New Jersey issues with Hurricane Sandy • Our hotline phone number was distributed to the wrong state! Number of calls (weekly & grand total columns) Types of calls Number of volunteers Number of cases opened & closed – Connecticut overwhelmed with New Jersey callers • The other state in my two‐state district won’t cooperate! – Rhode Island rejected DLS after Hurricane Sandy Ask your volunteers to report back to you with the results of their call within 24 hours of making the call. Page 21 of 78 3 6/20/2013 Shut Down of Hotline • District Representative works with FEMA Field Representative to determine the appropriate time to shut down the hotline – Is the hotline no longer receiving calls? – Has the hotline not received a call in a while? • Coordinate with your state bar (or whoever is housing the hotline) to call the hotline provider (AT&T, etc.) and shut it down. Submission of Disaster Approved Expenses • Ask state bar for invoice for pre‐approved expenses • Submit invoice to FEMA Field Representative and YLD (Gina Sadler) within 30 days of hotline closure. – Include with detailed invoice: • Backup pertinent receipts & invoices, tallies and pre‐approval e‐ mails • FEMA and the ABA will then review your submission, the ABA must approve it, FEMA must approve it and send the ABA the money, and the ABA, upon receive of the funds, will process the invoice submitted from the state bar for payment. Questions? Page 22 of 78 4 ABA YLD AND FEMA DLS RESPONSE TO SUPERSTORM SANDY Disaster Legal Services Connecticut 866-864-4464 In collaboration with the Connecticut Bar Association, and the Connecticut Bar Association Young Lawyers Section. New Jersey 888-541-1900 In collaboration with the New Jersey State Bar Association. New York 800-699-5636 In collaboration with the New York State Bar Association. Maryland 866-858-0039 In collaboration with the Maryland State Bar Association. Page 23 of 78 What is DLS? The Disaster Legal Services (DLS) program provides free legal assistance to persons affected by Presidentially declared major disasters. DLS is a Federal disaster assistance program operated by the American Bar Association Young Lawyers Division (ABA YLD) pursuant to a memorandum of understanding with FEMA. DLS delivers free legal services on legal matters that arise directly from major disasters. What triggers DLS? Upon request of a state governor, the President may make a declaration of major disaster for a state. The declaration will define the areas of the state affected by the disaster as well as the types of federal assistance available to individuals affected by the disaster. Together, FEMA and representatives of the American Bar Association will evaluate the need for DLS. Once FEMA determines DLS is needed, FEMA will contact the American Bar Association’s Young Lawyers Division to implement the DLS program. Who is eligible for DLS? Any person affected by a disaster who does not have the means to hire an attorney may be eligible to receive free legal assistance. What types of legal matters can I get help with? The DLS program can provide legal assistance on almost any legal issue that arises from a Presidentially declared major disaster, including: bankruptcy, civil rights, employment law, family law, FEMA benefits claims, insurance law, landlord-tenant law, real estate law, as well as wills, trusts, and probate matters. To emphasize, legal help in any area of law is only available if the legal issue is directly related to a declared major disaster. How do I get free legal help through DLS? When FEMA and the ABA YLD determine that DLS is needed, the ABA YLD will set up a toll free hotline to give individuals impacted by a disaster a direct connection to free legal assistance. All calls made to the DLS hotline will be forwarded to attorneys who can provide over-the-phone assistance, and when needed, callers will be referred to attorneys who will provide legal representation free of charge. In some disasters, volunteer attorneys will staff Disaster Recovery Centers allowing individuals to meet with an attorney. Will my call to the DLS hotline be confidential? Yes. All information provided through the DLS program is completely confidential. In fact, attorneys who work with the DLS program owe the same duties to their disaster-clients as they owe to their paying clients. Page 24 of 78 This means that in addition to keeping information you provide confidential, your attorney is required to competently, and professionally represent you and your interests, and may pursue claims for FEMA benefits on your behalf. If you have questions about the duties and responsibilities your attorney owes you, contact your state or local bar associations. How many people has DLS helped? In the last four years, the DLS program has provided free legal help to more than 100,000 individuals affected by major disasters. What should I do if DLS is not provided for my disaster? For some major disasters, FEMA and the American Bar Association will determine that there is little to no need for DLS. In disasters where DLS is not being provided, individuals seeking legal help should contact their state and local bar associations, as well as local legal aid organizations. Disaster Legal Services www.ambar.org/disasterhelp www.abanet.org/disaster www.disasterlegalaid.org www.fema.gov AMERICAN BAR ASSOCIATION YOUNG LAWYERS DIVISION AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER LEGAL SERVICES RESPONSE TO SUPERSTORM SANDY NEW YORK HURRICANE SANDY HOTLINE NUMBER: 800-699-5636 In collaboration with the New York State Bar Association www.ambar.org/disasterhelp www.fema.gov Through the Disaster Legal Services Program, the ABA YLD and the Federal Emergency Management Agency (FEMA) provide immediate temporary legal assistance to disaster survivors at no charge. Page 25 of 78 States and U.S. Territories Requiring Disaster Legal Services July 2006 – May 2013 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Alabama Alaska American Samoa Arkansas Arizona California Colorado Connecticut Florida Georgia Hawaii Illinois Indiana Iowa 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Kansas Kentucky Louisiana Maine Maryland Massachusetts Minnesota Mississippi Missouri Nebraska New Hampshire New Jersey New Mexico New York Page 26 of 78 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. New York North Carolina North Dakota Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Vermont Virginia Washington West Virginia Wisconsin Individual Assistance Sequence of Delivery Voluntary Agencies Emergency Food, Shelter, Clothing Medical Needs Insurance Such as Homeowners, NFIP, etc. FEMA Housing Assistance (Not SBA Dependent) Applicants can receive more than one type of assistance 1. 2. 3. 4. Temporary Housing Assistance – applicants can receive financial assistance to reimburse lodging expenses and/or rental assistance for up to 18 months or the program maximum, whichever occurs first. Applicants can receive direct assistance (FEMA mobile home or travel trailer) for up to 18 months. Repair Assistance – owners can receive up to the IHP cap for repairs Replace Assistance – owners with destroyed homes can receive up to the IHP cap towards the purchase of a new home Permanent or Semi-Permanent Construction – owners with destroyed homes can receive direct assistance or financial assistance for the construction of permanent or semi-permanent homes in insular areas outside the continental U.S. and in other locations. FEMA/State Other Needs Assistance (ONA) Non-SBA Dependent Items Assistance for Medical, Dental, Funeral, Other SBA Income Evaluation (Repayment Capability) To determine if applicant can qualify for a low interest SBA loan Applicants must complete the SBA loan application and be denied for a loan to be eligible for further assistance. SBA Referral – For SBA Dependent items and those applicants who qualify for a low interest loans FEMA/State Other Needs Assistance (ONA) For those applicants who do not qualify for a SBA loan Real Property (owners) loans up to $200,000 Personal Property (owners & renters) loans up to $40,000. Personal Property Moving and Storage Transportation Group Flood Policy *If it is later determined that an applicant cannot qualify for a loan, the applicant is referred to FEMA Unmet Needs – Voluntary Agencies If the applicant has received the maximum amount of assistance from FEMA, State, and/or SBA’s federal disaster assistance programs or the federal disaster assistance programs do not provide for the need, FEMA may refer the applicant to Voluntary agencies. NOTE: Eligibility is based on a FEMA inspection conducted on the damaged property. Max amount of Individuals and Households Assistance (IHP) is adjusted annually according to the CPI index. Page 27 of 78 COMMON FEMA ACRONYMS AA ABA ALE ARC BFC CBFP CBRA CBRS CCP CFR CPI DAD DAE DD DFC DH DHAP DHS DLS DOB DOL DRC DUA EOP EPA EFT EOC EPA ERT ESF EST FCO FEMA FHBM FRP FSA FSR FY GAR HHS HOH HR HS HUD Assistant Administrator American Bar Association Additional Living Expenses American Red Cross Bill for Collection Cora Brown Fund Coastal Barrier Resources Act Coastal Barrier Resources System Crisis Counseling Program Code of Federal Regulations Consumer Price Index Disaster Assistance Directorate Disaster Assistance Employee Damaged Dwelling Disaster Finance Center Disaster Housing Disaster Housing Assistance Program Department of Homeland Security Disaster Legal Services Duplication of Benefits Department of Labor Disaster Recovery Center Disaster Unemployment Assistance Emergency Operating Procedure Environmental Protection Agency Electronic Funds Transfer Emergency Operations Center Environmental Protection Agency Emergency Response Team Emergency Support Function Emergency Support Team Federal Coordinating Officer Federal Emergency Management Agency Flood Hazard Boundary Map Federal Response Plan Farm Services Agency Final Statistical Report Fiscal Year Governor's Authorized Representative Health and Human Services Head of Household Home Repairs Human Services U.S. Department of Housing & Urban Development Page 28 of 78 IA IHP IFMIS JFO LAN LTRC NECC NEMIS NEPA NFIP NFIRA NPSC OFM OCC OIG OMB ONA OSD PDA PFT PP QC RA RAA RP RR SAP SBA SCO SFHA SOP SSA SSI USDA VA VAL VOAD WYO YLD Individual Assistance Individual & Households Program Integrated Financial Management Information System Joint Field Office Local Area Network Long Term Recovery Committee National Emergency Coordination Center National Emergency Management Information System National Environmental Policy Act National Flood Insurance Program National Flood Insurance Reform Act of 1994 National Processing Service Center Office of Financial Management Office of Chief Counsel (formerly Office of General Counsel) Office of Inspector General Office of Management and Budget Other Needs Assistance (formerly IFG) Operation Support Division Preliminary Damage Assessment Permanent Full Time (Employee) Personal Property Quality Control Regional Administrator Request for Allocation Advice Real Property Response & Recovery State Administration Plan Small Business Administration State Coordinating Officer Special Flood Hazard Area Standard Operating Procedure Social Security Administration Supplemental Security Income United States Department of Agriculture Veterans Administration Voluntary Agency Liaison Voluntary Agencies Active in Disasters Insurance “Write-your-own” Young Lawyers Division Page 29 of 78 Legal Services Corporation Background Information for Disaster Legal Services Training June 2014 Submitted by John C. Eidleman Senior Program Counsel, Legal Services Corporation Office of Program Performance (OPP) Introduction The Legal Services Corporation (LSC) is a private, non-profit corporation established by Congress to seek to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it. LSC was created in 1974 with bipartisan congressional sponsorship and the support of the Nixon administration, and is funded through congressional appropriation. LSC is headed by an 11-member board of directors appointed by the President and confirmed by the Senate. The board is chaired by John G. Levi. James J. Sandman is President of LSC. He was selected for the position by the LSC Board of Directors on January 3, 2011. By law, the board is bipartisan: no more than six members may be of the same political party. LSC does not provide legal services directly. Rather, it provides grants to independent local programs selected through a system of competition. In 2013, LSC funds 134 local legal aid programs with approximately 900 offices. Together they serve every county and congressional district in the nation, as well as the U.S. territories. Special service areas also address the distinctive needs of Native Americans and migrant farm workers. Local programs are governed by their own boards of directors, which set priorities and determine the types of cases that will be handled by the program, subject to restrictions set by Congress. The services provided typically relate to matters of family law, housing, employment, government benefits, or consumer problems. A majority of each local board is appointed by local bar associations. One-third of each local board is composed of client representatives appointed by client groups. Each board hires its own executive director, who in turn hires the program staff. Programs are encouraged to supplement their LSC grants with additional funds from state and local governments, IOLTA (Interest on Lawyer Trust Accounts) programs, other federal agencies, bar associations, United Way and other charitable organizations, foundations and corporations, and individual donors. They further leverage federal funds by involving private attorneys in the delivery of legal services for the poor, mostly through volunteer pro bono work. LSC-funded programs do not handle criminal cases, nor do they accept fee-generating cases that private attorneys are willing to accept on a contingency basis. In addition, in 1996 a series of new limitations were placed upon activities in which LSC-funded programs may engage on behalf of their clients, even with non-LSC funds. Among them are prohibitions on class actions, challenges to welfare reform, lobbying, litigation on behalf of prisoners, representation in drug-related public housing evictions, and representation of certain categories of aliens. The Corporation has implemented and rigorously enforces these restrictions. The role of the Legal Services Corporation (LSC) in disaster response 1 Page 30 of 78 The role of the Legal Services Corporation (LSC) in disaster response is to facilitate the flow of information to legal services programs to enable the ongoing delivery of high quality legal services to low-income persons affected by disasters. This role is reinforced in LSC policy and guidance documents, specifically, in the objectives and strategies of the LSC Strategic Directions 2006-2010, which encourage strategic partnerships and collaborations, and in the LSC Performance Criteria which defines one aspect of high quality legal services as disaster preparedness and coordination with state and local emergency preparedness entities to ensure continuity of client services at times of community disasters. For many years, LSC had a limited capacity to address disasters. The focus was primarily on obtaining and distributing specially appropriated funds on various occasions for the purposes of supporting disaster legal services. Since 2005, when Hurricane Katrina swept through the Gulf Coast region with ferociousness rarely if ever seen in recent times, LSC has made significant strides in its capacity for facilitating disaster response by LSC grantees and in coordinating with other organizations engaged in disaster response. LSC has had significant success in developing a growing national infrastructure and capacity for disaster response within LSC-funded programs and partner organizations. The keys to this success are coordination, collaboration and the timely and open sharing of information and resources with entities providing disaster response. In the aftermath of natural disasters, LSC grantees in the stricken areas often face dramatic challenges in meeting increasing demand for legal assistance by client communities. At the same time, they are frequently dealing with program infrastructure challenges, the need to replace their own property and equipment, and staff who are facing their own loss of property, housing, and security. Having a national infrastructure that provides access to pertinent information and resources is essential in supporting these programs. Components of LSC’s Disaster Coordination and Planning Initiative Collaboration with national Partners and stakeholders, including ABA, NLADA, ProBono.Net, American Red Cross and FEMA, and with LSC’s grantees to promote disaster awareness and competency Serving as a resource to programs preparing for or responding to disaster National Disaster Legal Aid website LSC’s Relationships with National Disaster Response Organizations LSC and its grantees understand that coordination and collaboration are cornerstones of effective disaster preparedness and response. Developing and maintaining strong partnerships with disaster response organizations at the national level is an important part our effort to support grantees in this area. FEMA. Today, LSC and FEMA have a strong partnership. Prior to Katrina, however, LSC and FEMA did not work together. Following Hurricane Katrina, LSC contacted FEMA 2 Page 31 of 78 seeking supplemental funds to aid the provision of legal services to low-income people affected by the storms. LSC was advised by FEMA that it was not in a position to assist LSC programs and that FEMA already had a contract with the American Bar Association Young Lawyers Division (ABA/YLD) for the provision of legal aid to low-income people following disasters, through a program called Disaster Legal Services (DLS)1. That contract provides funding to the ABA after a disaster to 1) setup a legal services telephone hotline; and 2) assist with the recruitment of pro bono attorneys who can give advice to the individuals on topics such as how to access FEMA services. 2 In December 2006, the LSC President and staff met with the FEMA Chief Counsel and members of the Office of the Chief Counsel to promote a working relationship with FEMA and to seek greater cooperation during disaster recovery. The cooperation discussed included FEMA’s directing low-income people affected by disasters to LSC-funded programs for legal assistance. As a result of our meetings with FEMA, the FEMA Associate Chief Counsel for Field Counsel was appointed as a liaison to LSC. She has participated in a number of the national Legal Aid Disaster Network conference calls to answer questions from the field about FEMA policy, and has helped programs resolve issues they face in working with FEMA, such as obtaining release of clients’ files, access to Disaster Recovery Centers and policy issues on recoupment of benefits. FEMA has asked LSC to contact the agency about any problems that LSC programs encounter with FEMA on the local level. As a result of this relationship LSC’s grantees experience a more efficient process advocating for clients with FEMA 3 1 In times of disaster, FEMA and the ABA Young Lawyers’ Division (YLD) work together to facilitate assistance to disaster victims through YLD Disaster Hotlines and Disaster Recovery Centers, which allow low-income individuals to connect with pro bono attorneys. This long-standing program is known as Disaster Legal Services (DLS). When the President of the United States declares a “major disaster” anywhere in the United States or its territories, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (Stafford Act), federal assistance is made available to supplement the efforts and resources of state and local governments and voluntary relief organizations. This federal assistance is coordinated by FEMA and, if requested, may include free legal services to low-income individuals. If Disaster Legal Services are requested by the governor of the state in which the disaster occurred, FEMA then contacts the ABA/YLD Disaster Legal Services Coordinator. The DLS Coordinator contacts the appropriate ABA/YLD District Representative (DR), who then put DLS in motion, establishes a disaster hotline and recruits pro bono volunteers. The DR determines where the hotline will be housed, who will staff the hotline, and how referrals will be handled. The typical amount of funding is $5,000 for each hotline. 2 In August 2007, LSC was requested by FEMA to participate in settlement negotiations ordered by the presiding judge in the litigation of TRLA vs. FEMA, pending in the US District Court Western District of Texas, to help negotiate a settlement that included a new a contract between FEMA and the ABA/YLD that would ensure coordination of the full complement of available legal resources at the time of a disaster. As a result of this settlement, the prohibition on YLD attorneys advising clients of their rights against FEMA has been removed and the YLD now coordinates with legal services and pro bono private attorneys to provide a broad range of legal services to low-income persons during a disaster. 3 Two examples include: One issue related to the sufficiency of a release of information form attorneys are to submit to FEMA to obtain a client’s records. LSC was able to obtain FEMA approval of a form that the field program was using and more readily obtain copies of the client’s records. On the second issue, the executive director of Iowa Legal Aid sought LSC’s assistance with FEMA to resolve a question about whether a client’s use of a FEMA grant for home repair could be used for home replacement without written approval from FEMA. There was no prior 3 Page 32 of 78 American Bar Association. Although LSC and the ABA have a long history of collaboration, the organizations had not worked together in the area of disaster relief until after Katrina. In October 2006, LSC’s President and staff appeared before the ABA Special Committee on Disaster Response and Preparedness to discuss general disaster-related issues, their impact on legal services, the role of the organized bar, and lessons learned from LSC’s work. In its written recommendation to the committee, LSC emphasized the importance of private attorneys collaborating with legal aid providers on disaster preparedness and relief, supplementing and providing advice and representation, and producing legal manuals. LSC also emphasized the critical need for coordination of all legal services providers when a disaster occurs. LSC recognizes that all available resources must be used in these situations. While YLD attorneys play an important role in staffing hotlines and Disaster Recovery Centers (DRCs), there often are not enough volunteers with a background in legal issues faced by low-income people. It is, therefore, vital that legal services programs be on the front lines after a disaster. With the support of the Special Committee on Disaster Response and Preparedness, and through the new FEMA YLD agreement, legal services providers are now an essential partner in the DLS delivery program. LSC staff participates in the training of new YLD District Representatives to ensure understanding of the role LSC and its grantees play in a disaster, and to promote coordination among them. The DRs are supplied contact information for all LSCfunded programs and recipient programs are provided the list of ABA/YLD District Representatives. LSC encourages its programs to reach out to their respective District Representatives to coordinate efforts in advance of a disaster, train together, and to ensure that they are included in the disaster hotline center. This sets the stage for better communication on the ground during disasters, and ultimately improves client services. American Red Cross. The American Red Cross serves as the primary emergency relief and aid organization charged with leading and coordinating efforts to provide mass care, housing, and human services after disasters. In October 2006, LSC met with representatives of the Red Cross at their national headquarters in Washington, DC, to discuss coordination on a national level and in particular, ways in which LSC programs and local Red Cross Chapters could be better prepared to ensure that clients receive appropriate referrals for legal services. Since that time, LSC has continued to develop strong collaborations with the Red Cross. During federally declared disasters, the Red Cross routinely sends LSC its Partner’s Report, detailing what and where services are provided so that we can inform grantees about where help is available to clients. In September, 2008, LSC and the American Red Cross entered into a Memorandum of Understanding (MOU) that provides a framework for partnership and cooperation between the two organizations. This agreement enhances the efforts by LSC-funded programs to provide FEMA directive on the subject. LSC was able to obtain an affirmative response from the FEMA Office of Chief Counsel that clarified the client’s ability to use the funds for home replacement. 4 Page 33 of 78 legal assistance to disaster survivors. Because of the MOU, attorneys and advocates employed by LSC-funded programs have access to the Red Cross service delivery sites to provide legal counseling4. Both organizations encourage their programs and chapters to join in pre-disaster planning and response activities at the local level. The MOU was renewed in 2012 (attached). Ongoing Activities Collaboration with National Partners and Stakeholders, and with LSC’s Grantees to Promote Disaster Awareness and Competency Frequent communication and regular collaboration with LSC with FEMA, the ABA/YLD, and the Red Cross greatly benefits our programs’ ability to render legal assistance in the wake of disaster. National Disaster Preparedness Calls. Convened several times per year, these calls include a broad range of participants, including legal aid executive directors and staff of programs doing disaster-related legal work, substantive law experts, and national partners. Call agendas have included discussions and reports on FEMA recoupment issues, the pro se appeals process post-Katrina, small claims homeowners’ insurance, litigators who brought cases on the issues of appeal rights, FEMA providing trailers for people with disabilities, and the closing of public housing in New Orleans. The calls also provide opportunity for legal aid providers to troubleshoot challenges they are facing, such as gaining access to Disaster Recovery Centers, in real time. The participant list for the calls continues to grow as LSC adds new state participants and as new disasters occur. They are a dynamic link to the variety of skills and experiences that are needed to help all advocates provide support throughout the national community in times of disaster. LSC staff members present several times each year on issues of disaster preparation and provision of legal services to disaster survivors. Since 2005 we have presented at more than 30 regional and national conferences, including ABA and NLADA conferences, trainings for FEMA’s Disaster Legal Services initiative, and presentations to state bar associations. Serving as a Resource to Programs Preparing for or Responding to Disaster Continuity of Operations (COOP) plans. LSC encourages all of its grantees to develop Continuity of Operations (COOP) plans so that they will be prepared in the event of a disaster. LSC staff provides guidance and support for the development of these plans, and reviews them when evaluating grant applications and during Office of Program Performance on-site visits. Support for Grantees at the Time of a Disaster. LSC staff monitors news media, and Red Cross and FEMA sites for information on a disaster or significant emergency (natural or manmade) that appears to have an impact on one of our grantees or the client population. LSC 4 The LSC-Red Cross MOU was barely in effect when Hurricane Ike struck the Texas coast in September. As a result of the MOU, legal services attorneys from Lone Star Legal Aid were granted access to Red Cross Disaster Recovery Centers (DRCs) and were able to work around the clock to ensure that their clients were being served. This differs significantly from 2005, when Lone Star staff struggled to gain access to the DRCs. 5 Page 34 of 78 staff determines if and when it should reach out to the program. LSC staff inquires if the recipient’s offices are affected and whether clients are affected. If there is a presidentially declared disaster, LSC informs the program about what FEMA programs are available for clients under the declaration. If FEMA’s Disaster Legal Services has been initiated, LSC staff coordinates between the LSC recipient and the ABA Young Lawyer Division District Representative to ensure coordination of a disaster hotline and availability of pro bono support for clients. Programs are notified how to apply for an LSC Disaster Grant if their office or clients have been significantly affected. They are also are informed of their local American Red Cross chapter. National Disaster Preparedness Calls. See above. Disaster Grants. LSC published Disaster Relief Emergency Grant Instructions in the Federal Register in January 2009 that allow current LSC grant recipients who have experienced needs due to a disaster in a federally-declared disaster area to apply for disaster relief funding. Post-Disaster Follow-up. An important part of LSC’s disaster-related work involves ongoing contact with programs affected by disasters. In addition to hosting the national calls, LSC individually reaches out to programs after disasters to gather information regarding the program’s needs, the types of legal issues being seen, and the number of cases being handled. National Disaster Legal Aid Website www.disasterlegalaid.org. The website is a collaborative effort of LSC, ABA, NLADA and ProBono.Net. Building on the work and success of www.katrinalegalaid.org and considering the ongoing need for a centralized online resource for disaster-related legal content, in September 2008 the four organizations launched a new, more general disaster website,. The goals of this permanent disaster website are to: 1) serve as a centralized resource for legal aid and pro bono attorneys across the country on legal issues related to all types of disasters; 2) recruit and help mobilize pro bono attorneys in the aftermath of a disaster; 3) provide accurate and timely information on legal issues related to disasters to the low-income public. LSC Recipients Responding to Disasters in 2011 LSC-funded programs provide low-income disaster victims with legal assistance on matters ranging from temporary housing, to disaster benefits, to consumer fraud, to family issues, such as child-custody agreements affected by a parent’s death and child-support payments that have not been made because of disaster-related issues. In 2011, three LSC-funded programs in particular rose to the challenges posed by major natural disasters: Legal Services Alabama (LSA) - When the largest outbreak of tornadoes in U.S. history ripped through the South in April 2011, Alabama was the hardest hit state, with more than 200 deaths and more than 6,000 homes destroyed. In the first days following the tornadoes, LSA conducted a thorough assessment of the impact, set up a hotline, and dispatched staff members to disaster assistance centers across the state. They also produced informational fliers on how to deal with contractors for repairs, what kinds of benefits are available to victims, and how to terminate a lease because of storm damage. (In Alabama, tenants have 14 days to give notice that they are 6 Page 35 of 78 terminating a lease on destroyed or damaged rental property or they could be liable for rent). LSA coordinated its efforts with the four volunteer lawyer projects in the state, all of which receive funding from LSA, with the state bar’s Young Lawyers Division, as well as with the Federal Emergency Management Agency (FEMA) and the American Red Cross. Legal Aid of Western Missouri (LAWMO) - A deadly tornado devastated Joplin, Missouri, destroying a hospital and more than 8,000 homes and apartments and killing more than 150 people. LAWMO immediately began working with FEMA, the American Red Cross, National Voluntary Organizations Active in Disaster, AmeriCorps, the state bar, community organizations, and churches. In addition to more common post-disaster legal issues, one of the biggest challenges facing Joplin residents in the months since the disaster has been a severe housing shortage and massive rent increases and rent gouging. LAWMO has handled a number of cases involving fraud related to clean-up and repairs, illegal evictions, and rent-gouging. Law Line of Vermont (Law Line) - When back-to-back hurricanes in August 2011 caused massive flooding in Vermont, LSC-funded Law Line quickly responded in coordination with other legal services programs, the private bar, FEMA, and the Red Cross. Law Line has dedicated a full-time attorney to provide legal assistance to persons affected by the flooding. In addition to assisting flood victims, the attorney is advising pro bono attorneys and working with local, state, and federal agencies addressing the needs of flood victims. The attorney also will be available as a resource for Vermont’s Long Term Recovery Task Force. LSC Recipients Responding to Superstorm Sandy in 2012 The storm made landfall in New Jersey on October 29, 2013, and on October 30 LSC began sending emails and calling LSC programs in East Coast states from Virginia to Maine5 impacted by Sandy. The purpose of the contact was to inquire about the status of the program staff, client community and office facilities, to give programs contact information for local and national Red Cross, FEMA, and ABA/YLD resources and to promote coordination in recovery efforts. We include a copy of a disaster timeline concerning case types to be faced in future and information on possible disaster grant funds funding opportunities. While almost all programs on the east coast sustained some impact from Sandy (wind, rain and snow), the hardest hit were in New York and New Jersey. Many LSC programs did not respond to our calls and emails for days because they lacked power. All six New Jersey programs6, the Connecticut program (Statewide Legal Services of Connecticut, Inc.) and most New York programs lost power and were closed until November 2 5 West Virginia, Virginia, Maryland, New Jersey, New York, Connecticut, Delaware, Rhode Island, Massachusetts, New Hampshire, Vermont and Maine.) 6 Central Jersey Legal Services, Inc., Essex-Newark Legal Services Project, Inc., Legal Services of Northwest Jersey, Northeast New Jersey Legal Services Corporation, Ocean-Monmouth Legal Services, Inc. and South Jersey Legal Services, Inc. 7 Page 36 of 78 when some staff were able to get to offices and assess the damage. A few programs in the heavily impacted areas of New York (New York City and Long Island) made extraordinary efforts to open on the 31st of October and November 1st. This was also true in New Jersey. Programs had to take various steps to start operations, including moving servers to other locations, working from satellite offices and working from home. Many programs were closed all week and didn’t provide service until November 5 or later. While programs were able to provide some service beginning the week after the storm hit, it took more than a week for others to open all their offices. For example, Central Jersey’s office in Elizabeth did not regain power until November 8th; the staff from that office worked out of the program’s New Brunswick office until they were able to return to Elizabeth on Friday, November 9th. It was an extraordinary effort for programs to get back to business as soon as possible. New York and New Jersey In New York four of the seven LSC programs were unaffected. 7 The two programs serving the areas suffering the most devastation are Legal Services NYC, and Nassau Suffolk Law Services Committee.8 Limited services were started the following week starting November 5 in many offices. In New Jersey, Central Jersey had damage to its one of its offices (roof and water damage to the Trenton office). The service areas suffering the most damage are those of South Jersey Legal Services, where Atlantic City and Cape May are located, and Ocean-Monmouth Legal Services, where numerous shoreline communities were impacted. Northeast New Jersey Legal Service’s service area was impacted by severe flooding in Hoboken and several communities in Bergen County. Travel was difficult in much of New Jersey because gasoline was hard to come by, and some staff had loss of property and had damage to their homes. A New York citywide Sandy Recovery Helpline was set up by LSNYC on November 5th. It is staffed from 10 am to 3 pm on weekdays. As the call volume continues to increase cases are referred to staff, pro bono counsel, and others in the civil legal services community. The ABA/YLD also has a disaster hotline. New Jersey also opened two hotlines. One operated by the ABA/YLD and the other by Legal Services of New Jersey. 7 Legal Aid Society of Mid-New York, Inc., Legal Aid Society of Northeastern New York, Legal Assistance of Western New York, Inc. and Neighborhood Legal Services, Inc. 8 Legal Services of the Hudson Valley had power/telephone loss and many staff members lost power for five days or more and had to stay at hotels, friend’s homes, purchase generators, throw out food and eat at restaurants. 8 Page 37 of 78 Clinics Throughout New York City staffed clinics were opened helping thousands of people to apply for emergency benefits, FEMA assistance and unemployment insurance; helping to replace lost medications, and addressing other urgent legal needs. Training for Service Providers There are ongoing trainings in New York including one by the state bar association, and LSNYC and the City Bar Justice Center and the Legal Aid Society to train volunteer attorneys to participate in disaster assistance clinics. Legal services providers from the gulf coast who are experienced from Hurricane Katrina stepped up to provide training in both New York and New Jersey. Coordination of Volunteers and Other Service Providers LSNYC worked with a volunteer from Sullivan & Cromwell to coordinate the placement of pro bono attorneys in clinics where they can provide legal assistance to those in need. Disaster Manual In the first few days after Sandy struck, Legal Services of New York City developed the Disaster Relief Legal Assistance Manual to help both victims and advocates. The manual includes information on relief services, application and appeals processes, and other useful details. Conclusion LSC, the ABA, NLADA and other national partners continue to work together on planning for the future of disaster relief as it applies to legal services clients and programs. Telephone conference calls and e-mail discussions among the partners are helping to facilitate the creation of permanent support systems for future disasters. When LSC looks back in several years at our response to these national crises, we believe that legal services programs will be able to say that the national response made possible by the leadership of LSC made the difference for thousands of clients and gave them a voice and some degree of control in a situation that was, in many ways, out of control. The lasting effects of our work will undoubtedly be deeply felt by our clients and by the staff of LSC-funded programs. In some states our programs have lost entire offices; other offices suffered property loss; some of their staff lost homes and all of their possessions. These are terrible losses that can never be erased. What LSC can do is continue our partnership building to support programs and enable them to meet as much of the emerging legal need as possible. 9 Page 38 of 78 Page 39 of 78 Page 40 of 78 Page 41 of 78 Page 42 of 78 Page 43 of 78 Page 44 of 78 Page 45 of 78 Page 46 of 78 Page 47 of 78 Page 48 of 78 ê ;ii e Appu ll r.v.disasterlegalaid org Lsc citrixt'ieblnterf,,. i Home I Åpple ^! Google News & Alerts I fuhps W üJikipeclia ¡--.=1 Disaster Preparedness Newr I I Popular ,]-1 Inrportecl Fronr lE Accrss to Key lSC 0,,, îr- User ¡rcount I ErrtJeb @ About Us ì, .{ \ g¡¿¡¡1 OUICK LINKS !t_ isÊst€r Recwery Ãh ÞE ntæl OrÉo:turufues Y t ,lt il- ACTIVE DISASTER FLORIDATOR.NADOES AND FLOODS RESOURCE CENTER Loq¡in peercdby ç ,É!il LSf, 6r¿nts V rung LB'rye¡s D¡vlsron Press Releas€ more info @ AI.ABAMATORNADOES > Do You N ^ -a I at Help? AND FLOODS (p Welcome to the National Disaster Legal Aid Resource Center! Recent Disaster Legal Services News .fun The goals of Disasterl.egalAid org are. ' Ë To serve as a cmtralized national ¡esource for legal aid,probouo andcr aldele¡rde¡attonieysêüoss MISSISSIPPITORNADOES > V/ASHINGTON MUDSLIDE > SUPERSTORMSANDY > Ñ OIIIER ONLI NE RESOURCES -¡u,r J.Lr .¡:.¡' 9 the country on legal issues related to alì tyÞes of VÌe'il môrè clisa stexù ' ARXANSASTORNADOES > åre Yorr alegal Aid Professional? To recruit and help mobilize pro bono attomeys in lhe aftermath of a disasler, and . To provide âcDurate ênd tinìeiy iuformation on iega! es related lo disaslers to lhe low aud moderate rncome public DÍsa slerlegalAid,o rg. FcFçoploWho ;4 Page 49 of 78 ú- 12:52 PM + iii w e App, f LSC ,disasterlegalaid.org r J Apple .l CitrixWeblnterf,,, Home Google News & Alerts I ', ,, ' I , ,r i,i l ¡.ilðps V,¡ Wikiprclir L_ì News Dlsaster Freparedness 'i} DoYû1.¡rcdt'gd l{Cp? 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I I I 6€ltrno Assistånce I E i { tts¡r th COMMUNITV D EVELOPMENT ELOCK GR/iñ{fs Resources for legal aid advocates assisturg disaster survwors ,ì .È¡-rr *lf DISASTER CI-IE€KLIST FOR AN LsC PROGR.f\M a DIsÂsTER LEGAL A¡D HATIONAL ÂDVISORY GROUP Page 50 of 78 12:55 PM ' g + Iii ¿ppç I ::=:i .,i;.::ì i vnr,q,,ì/.dlsasterlegalaid.org [f tst CitrixUteblnterf.., f Home I Apple News & .! Google Alerts DoYqr I lvlopr \\¡ lUìkipeclia l_l News Lii Popubr Drsaster Preparedness Inrported Fronr lE Atcess to Kery tSt D.,, About Us ts l¡Ad ldP? I l]l GO nd 6è iL UI.er account I E\ijeb LSC Gr¡ntr Loqin îL Grantç pwerdby I ACTIVE DISASTER + OUICK LINKS ¡ ster FLORIDATORNADOES AND FLOODS w ! 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Populor rH îl- Urer arcount I pwctü I 6'ð E'J,ieb LS( Gr¡nts g¡¿¡15 ôy ACTIVE DISASTER SUICK LINKS FLORIDATORNADOES AND FLOODS LEGALAID Login il- v i isastÈr RecoveÍy !t Ãts^ ÞÞ Resources for Legal Aid Professionals Èer i \, Otroo:tunùes Y nung La,aryer s lllïrsron $ ArP You a l-eqal Aid Proiessi¡nal:¡ nroreinfo ¡:rrnr: trrendly l f PrÈ.ss RelÈÈse ($ t .1 å I AI-ABATIATORNADOES > Ðisaster Checklist for an LSC Program thathave- AND FLOODS I AR ' SASTORNAOOES > MISSISSIPPITORNADOES > ¡ i tisaster Checklist for a Legal Services Prograrìr Thrs checklist is provirìÊr1âs e !uidÈ tD {ocus ou Tbe a nost r:nticatr areas that rtr}l WASHINGTON MUDSLIDE > legal serv'ices provider fecùg rlisaste¡, Usually r'rhen faÈr:rl ','¡ith a rlisasrer the¡e need SUPERSTORMSANDY > ediate aüe¡rion ' ERONLINE RESOURTES sf.ilfE E-4-î0oÐ j-UcKl i or busrness cnntmuity plans r,,'ilì prorrrcle guidauce wrth thrs tash ,À.ÐF hôs â nice feäturÊ i0 stùrÈ emergè¡rcy coùlact informatio¡'¡ rln cler Pe¡soll al Infonnation, contacts, so the secoutì emergeììcy coììtacl could be an employee's evacuation rndormatrolr trl lÈts y0u sa!'Ê l','¡ù 0r Tìr0re I vlhÈ$ the FresidÈnt declares a nra¡or disaster, one ù{ the Frograns lhat nay ìæ otfered is Disaster [-egaì Sewices (ÐLS), rf requested by the starÈ ü DI-S is offe¡ed the Fede¡al Enìergèncy MaûagÊme$t ,\gency" through au the You:rg Lawyers Dtu.s on ol the.tmerican Ear Assùr.râtion. provides free legaI assistance t¡ low mcome rhsaster sur,¡trots You ËàB lùok et the MOU ì)et'rree!ì thÊ AB,c,-YLD a$d FEMA here: rvrw¡,rlÌsasterlegalaid org./rÈsùrurÈsàttDilìeysjitenì 006' FEI,IA Lê0ê] cês Ìnformahon ?, agr S When Drsasler Legal rces is activated. Lhe LSC ftraded agenüÈs assis! under the äusptces 0t the.A-tsA.-Y{-D : Find Dut r¡ho your .å.84. contact is here: See page 74 of the FEMA AEA YI-Ð Disasler Manuâl http,l/y¡n'y¡ ame¡icasbar orli ÊoûteüVdanilaba/adnumstrativer'younq-Iar s/lema-manual-?t13 authcùecùdam pd{ tildeatly, vour program lrill have this aüd al! 0thår cùnmunrlÏ cr)ntåcls ÌeadT t0 g0 åt a!ìl tinìe per your Èrogrêm's rlisestÈr 4. CoflÌàrt .,4.Ë,c. YLÐ disästÈì- al aicl co¡.'¡tac¡ t0 rliscuss hotlÍ¡ie alrci ,¡utreach issues, FÍnd out rr'ho hosls the hotii¡re w Page 52 of 78 I , ¡' L I rf I 'I I û- 12:55 PM American Bar Association Special Committee on Disaster Response and Preparedness I. Formation of Special Committee A. Ad Hoc Hurricane Katrina Response (Katrina Task Force) 1. Called on all parts of the ABA to assist 2. Origin of Model Rule 3. Development of Katrina Website with resources for survivors and attorneys affected by Katrina, which then evolved to broader resources for disaster preparedness II. Mission The Committee’s mission is to promote and assist lawyers, law firms, bar associations – including the ABA - and the justice system prepare for and respond to disasters; to assist lawyers, as needed, recover from disaster; and to ensure that the rule of law is respected and protected in times of major disasters. III. Website – www.americanbar.org/disaster A. Disaster Homepage B. Policy Resources C. Lawyers and law firms State and local bars Courts Public Legal assistance and hotlines Disaster planning Post disaster resources Gulf Oil Spill IV. Disaster Issues as a Priority A. Expanded Committee and resources B. Committee Highlights 2011 Worked to prepare the ABA to better withstand disasters by reformatting ABA’s Business Continuity Management Plan and conducting tabletop exercise. The ABA is currently going through PS-Prep certification process in order to be one of first Associations to be certified under this standard. ABA adopted Resolution 116 which urges lawyers to prepare for disasters through planning and for all bar associations to establish committees to work on disaster related issues to ensure a coordinated and effective response to members. Published a Survival Guide: A Lawyer’s Guide to Disaster Planning, which provides attorneys with a template so they can develop their own disaster plan. Page 53 of 78 V. Sponsored a CLE program at the ABA Annual Meeting on the nuts and bolts of disaster planning for lawyers. Recommended Agility Recovery Services, a company that provides disaster recovery and connectivity immediately after a disaster for businesses, to the ABA Member Advantage Program. The Board approved Agility as a partner in the benefit program. Created a short video that featured the stories of four attorneys who survived a major disaster and the lessons that they learned. The video is a finalist for the 2012 American Business Award. DLS and Special Committee Coordination A. DLS leadership as members of Special Committee B. Website as source of information on DLS activities, active hotlines, and other resources for current or ongoing disasters C. Special Committee as an advocate for DLS within ABA D. Members of Special Committee and Legal Services Division as resources for DLS E. Special Committee as a partner VI. Future Coordination A. Assist to better connect District Representatives within state bar leadership and legal services community. B. Assist in adoption of Model Rule C. Strengthen ABA’s commitment to DLS and to its continuity Page 54 of 78 JOINT PRESS RELEASE ________________________________________________________________________ Contact: Anna Hubbard Publications Director Arkansas Bar Association (501) 375-4606 or (800) 609-5668 [email protected] Arkansas Bar Association 2224 Cottondale Lane Little Rock, AR 72202 www.arkbar.com Free Legal Assistance Available for Disaster Victims Partnership between Arkansas legal organizations, ABA and FEMA helps residents LITTLE ROCK, MAY 19, 2011 — A toll-free legal aid line is now available for victims of the state’s recently declared disaster areas, Boone, White, Benton, Carroll, Conway, Crawford, Faulkner, Garland, Hot Springs, Montgomery, Stone, and Washington Counties. The service, which allows callers to request the assistance of a lawyer, is a partnership between the Arkansas Bar Association and its Young Lawyers Section, the Arkansas Legal Services Partnership (Center for Arkansas Legal Services and Legal Aid of Arkansas), the American Bar Association Young Lawyers Division and the Federal Emergency Management Agency. Victims facing legal issues who are unable to afford a lawyer may call 1-877-434-4084 between 9 a.m. and 5 p.m. central time Monday through Friday to request assistance. Messages can be left at any time. Callers should identify that they are seeking disaster-related legal assistance. Individuals who qualify for assistance will be matched with Arkansas lawyers who have volunteered to provide free legal help. The type of legal assistance available includes: • • • • • • • Assistance with securing FEMA and other government benefits available to disaster victims Assistance with life, medical and property insurance claims Help with home repair contracts and contractors Replacement of wills and other important legal documents destroyed in the disaster Assisting in consumer protection matters, remedies and procedures Counseling on mortgage-foreclosure problems Counseling on landlord-tenant problems Page 55 of 78 Background When the President declares a major disaster, FEMA, in cooperation with the American Bar Association Young Lawyers Division, establishes a toll-free number for disaster victims to request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). The American Bar Association Young Lawyers Division in turn partners with state bar associations and other legal organizations to recruit volunteer lawyers in affected areas to handle victims’ cases. Victims should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service. Partnership Members The following organizations have joined forces to establish a toll-free phone line for Arkansas disaster victims to request free legal assistance and to provide volunteer attorneys to handle cases arising from recent severe storm, tornado and flooding damage. American Bar Association Young Lawyers Division (www.americanbar.org) - The ABA YLD, the largest national organization of young lawyers, provides leadership in serving the public and the profession, and promotes excellence and fulfillment in the practice of law. Its parent organization, the ABA, is the national voice of the legal profession and the largest voluntary professional membership group in the world. Arkansas Bar Association (www.arkbar.com) - The ABA is a voluntary, statewide organization with over 5,000 members. Among its purposes are the advancement of the administration of justice and the fostering among its members of high ideals of integrity, learning and public service. Federal Emergency Management Agency (www.fema.gov) - FEMA coordinates the federal government’s role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. Through an agreement with the American Bar Association, FEMA underwrites the cost of operating toll free legal assistance lines for victims in areas designated as federal disaster sites. Arkansas Legal Services Partnership (www.arlegalservices.org) - ALSP is a statewide collaboration between Legal Aid of Arkansas (LAA) and the Center for Arkansas Legal Services (CALS). Together, LAA and CALS provide free civil legal assistance to low-income residents throughout Arkansas. ### Page 56 of 78 Press Release ____________________________________________________ Contact: Jack Wax Media Relations Director The Missouri Bar Tel. 573-638-2251 [email protected] Scott M. Hill ABA YLD District 22 Representative Hite, Fanning & Honeyman L.L.P. Tel. 316-265-7741 [email protected] Free Legal Assistance Available for Storm Survivors Partnership between The Missouri Bar, ABA and FEMA helps residents May 26, 2011 – A toll-free legal aid line is now available for survivors of recent storms, tornadoes and flooding in Missouri. The service, which allows callers to request the assistance of a lawyer, is a partnership between the The Missouri Bar and its Young Lawyers Section, the American Bar Association Young Lawyers Division and the Federal Emergency Management Agency. Low-income survivors facing legal issues may call (800) 829-4128 24 hours a day to the message line to request assistance. Callers should identify that they are seeking storm-related legal assistance, and should identify what county they are located in. Survivors who qualify for assistance will be matched with Missouri lawyers who have volunteered to provide free legal help. The type of legal assistance available includes: • • • • • • • Assistance with securing FEMA and other government benefits available to disaster survivors Assistance with life, medical and property insurance claims Help with home repair contracts and contractors Replacement of wills and other important legal documents destroyed in the disaster Assisting in consumer protection matters, remedies and procedures Counseling on mortgage-foreclosure problems Counseling on landlord/tenant problems Background When the U.S. President declares a major disaster, FEMA, in cooperation with the American Bar Association Young Lawyers Division, establishes a toll-free number for disaster survivors to Page 57 of 78 request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency assistance Act (Public Law 100-707). The American Bar Association Young Lawyers Division in turn partners with state bar associations and other legal organizations to recruit volunteer lawyers in affected areas to handle survivors’ cases. Survivors should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service. To determine whether an issue qualifies for free legal assistance, individuals should call (800) 829-4128, and an attorney will determine whether the issue qualifies. Local Press Contacts For more information about disaster legal aid, please contact: Eric Wilson Legislative Counsel The Missouri Bar Telephone: 573-638-2240 E-mail: [email protected] Partnership Members The following organizations have joined forces to establish a toll-free phone line for Missouri storm survivors to request free legal assistance, and to provide volunteer attorneys to handle cases arising from recent storm damage. American Bar Association Young Lawyers Division – The ABA YLD, the largest national organization of young lawyers, provides leadership in serving the public and the profession, and promotes excellence and fulfillment in the practice of law. Its parent organization, the ABA, is the national voice of the legal profession and the largest voluntary professional membership group in the world. Federal Emergency Management Agency – FEMA coordinates the federal government’s role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. Through an agreement with the American Bar Association, FEMA underwrites the cost of operating toll free legal assistance lines for survivors in areas designated as federal disaster sites. The Missouri Bar – The Missouri Bar is the statewide organization of all Missouri’s 30,000 lawyers. Its purpose is to improve the law, the administration of justice and the legal profession on behalf of the public. Through educational programs, publications and a wide range of services, The Missouri Bar serves as a valuable resource for members—and for the citizens of Missouri. Its Young Lawyers’ Section, comprised of lawyers in their first five years of practice or under 36 years of age, is dedicated to serving the public and the profession as the “service arm of the bar.” Page 58 of 78 ________________________________________________ Contact: Lise Bang-Jensen New York State Bar Association (518) 487-5530 Contact: [email protected] Alena Shautsova ABA YLD NY District Representative [email protected] ABA AND FEMA PARTNER WITH NY STATE BAR ASSOCIATION ON FREE LEGAL ASSISTANCE FOR HURRICANE SANDY SURVIVORS An existing toll-free hotline created earlier this month by the New York State Bar Association for survivors of recent hurricane Sandy in New York is being bolstered by a partnership with the American Bar Association Young Lawyers Division and the Federal Emergency Management Agency. Homeowners and tenants facing legal issues may call 1-800-699-5636 to request assistance. Callers should say that they are seeking storm-related legal assistance, and should identify the county in which they are located. They will be matched with New York lawyers who have volunteered to provide at least 30 minutes of free legal consultation. The type of legal assistance available includes: Assistance with securing FEMA and other government benefits available to disaster survivors; Assistance with life, medical and property insurance claims; Replacement of wills and other important legal documents destroyed in the disaster; Assisting in consumer protection matters, remedies and procedures; Counseling on mortgage-foreclosure problems; and Counseling on landlord/tenant problems. Background Page 59 of 78 When the U.S. President declares a major disaster, FEMA, in cooperation with the American Bar Association Young Lawyers Division, establishes a toll-free number for disaster survivors to request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). The American Bar Association Young Lawyers Division in turn joins with state bar associations and other legal organizations to recruit volunteer lawyers in affected areas to handle survivors’ cases. In this instance, there will be no additional expense for the federal government, because the State Bar Association if offering use of its existing toll-free line. Hurricane Sandy survivors should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service. To determine whether an issue qualifies for free legal assistance, individuals should call 1-800-699-5636. Partnership Members The following organizations have joined forces to support a toll-free phone line for New York storm survivors to request free legal assistance, and to provide volunteer attorneys to handle cases arising from recent storm damage. American Bar Association Young Lawyers Division – The ABA YLD, the largest national organization of young lawyers, provides leadership in serving the public and the profession, and promotes excellence and fulfillment in the practice of law. Its parent organization, the ABA, is the national voice of the legal profession and the largest voluntary professional membership group in the world. Federal Emergency Management Agency – FEMA coordinates the federal government’s role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. The New York State Bar Association – The NYSBA, which has 77,000 members, is the nation’s largest voluntary state bar association. Its Lawyer Referral and Information Service and its Young Lawyers Section has been offering free legal consultation to flood survivors since early September. The section is comprised of lawyers in their first ten years of practice or under 37 years of age. Page 60 of 78 JOINT PRESS RELEASE _____________________________________________________________________________ Contact: Stacey Shrader Media Relations Coordinator Tennessee Bar Association (615) 383-7421 / (800) 899-6993 [email protected] Tennessee Bar Center 221 Fourth Avenue N. Suite 400 Nashville, TN 37219 Free Legal Assistance Available for Tornado Victims Partnership between Tennessee legal organizations, ABA and FEMA helps residents NASHVILLE, Feb. 26, 2008 — A toll-free legal aid line is now available for victims of recent tornadoes in Tennessee. The service, which allows callers to request the assistance of a lawyer, is a partnership between the Tennessee Alliance for Legal Services, three local legal aid organizations (the Legal Aid Society of Middle Tennessee and the Cumberlands, Memphis Area Legal Services and West Tennessee Legal Services Inc.), the Tennessee Bar Association and its Young Lawyers Division, the American Bar Association Young Lawyers Division and the Federal Emergency Management Agency. Victims facing legal issues who are unable to afford a lawyer may call (877) 396-6248 between 9 a.m. and 5 p.m. central time Monday through Friday to request assistance. Messages can be left at any time. Callers should identify that they are seeking tornado-related legal assistance. Victims who qualify for assistance will be matched with Tennessee lawyers who have volunteered to provide free legal help. The type of legal assistance available includes: • • • • • • • Assistance with securing FEMA and other government benefits available to disaster victims Assistance with life, medical and property insurance claims Help with home repair contracts and contractors Replacement of wills and other important legal documents destroyed in the disaster Assisting in consumer protection matters, remedies and procedures Counseling on mortgage-foreclosure problems Counseling on landlord/tenant problems Background When the U.S. President declares a major disaster, FEMA, in cooperation with the American Bar Association Young Lawyers Division, establishes a toll-free number for disaster victims to request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707). The Page 61 of 78 American Bar Association Young Lawyers Division in turn partners with state bar associations and other legal organizations to recruit volunteer lawyers in affected areas to handle victims’ cases. Victims should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service. To determine whether an issue qualifies for free legal assistance, individuals should call (877) 396-6248 between 9 a.m. and 5 p.m. central time Monday through Friday for more information. Local Press Contacts For more information about disaster legal aid in specific areas of the state, please contact: Davidson, Hickman, Houston, Lewis, Macon, Montgomery, Perry, Sumner, Trousdale and Williamson counties: Lucinda Smith , Director Jim Hawkins, Managing Attorney Nashville Bar Pro Bono Program Legal Aid Society, Gallatin Office (615) 780-7127 (615) 451-1880 [email protected] [email protected] Shelby and Fayette counties Linda Warren Seely Director of Pro Bono Programs Memphis Area Legal Services (901) 476-1808 [email protected] Benton, Hardin, Haywood, Madison and McNairy counties Steve Xanthopoulos Executive Director West Tennessee Legal Services, Inc. (731) 423-0616 [email protected] Partnership Members The following organizations have joined forces to establish a toll-free phone line for Tennessee storm victims to request free legal assistance, and to provide volunteer attorneys to handle cases arising from recent storm damage. American Bar Association Young Lawyers Division – The ABA YLD, the largest national organization of young lawyers, provides leadership in serving the public and the profession, and promotes excellence and fulfillment in the practice of law. Its parent organization, the ABA, is the national voice of the legal profession and the largest voluntary professional membership group in the world. Federal Emergency Management Agency – FEMA coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. Through an agreement with the Page 62 of 78 American Bar Association, FEMA underwrites the cost of operating toll free legal assistance lines for victims in areas designated as federal disaster sites. Legal Aid Society of Middle Tennessee and the Cumberlands – LAS was founded in 1968 as Legal Services of Nashville by eight members of the Nashville Bar Association. It has since expanded and consolidated with other organizations to help low-income people in 48 counties through eight offices. The organization focuses on individual cases and community education, and serves over 7,000 people each year. Legal Aid Society's mission is to enforce, advance and defend the legal rights of lowincome and vulnerable families in order to obtain for them the basic necessities of life. The Legal Aid Society also houses and directs the Nashville Bar Association Pro Bono Program, many of whose members also will be available to provide legal help to disaster victims. Memphis Area Legal Services – Since 1970, MALS has been committed to equal justice for all people, helping children, families and individuals solve problems that affect their basic needs. MALS serves nearly 8,000 people in distress each year. Its service area includes Fayette, Lauderdale, Shelby and Tipton counties. Tennessee Alliance for Legal Services – TALS is a statewide non-profit organization that seeks to build partnerships to support the delivery of effective civil legal services to low-income and elderly Tennesseans. TALS is committed to increasing equal access to justice across Tennessee. Tennessee Bar Association – The TBA is the largest professional association in Tennessee with nearly 10,000 members. Founded in 1881, the TBA provides opportunities for continuing legal education, professional development and public service. The TBA's dedication to serving the state's legal community is evidenced by its membership roll, which represents the entire spectrum of legal practice: plaintiff and defense lawyers, corporate counsel, judges, prosecutors, public defenders, government lawyers and legal services attorneys. Its Young Lawyers Division, comprised of lawyers in their first five years of practice or under 36 years of age, is dedicated to serving the public and the profession as the “service arm of the bar.” West Tennessee Legal Services, Inc. – WTLS is a non-profit organization that provides assistance in civil cases to individuals, families and communities. It services 17 West Tennessee counties including Benton, Carroll, Chester, Crockett, Dyer, Decatur, Gibson, Hardeman, Hardin, Haywood, Henry, Henderson, Lake, McNairy, Madison, Obion and Weakley. Page 63 of 78 Declared: April 29, 2014 SUMMARY STATE: Arkansas NUMBER: FEMA-4174-DR INCIDENT: Severe Storms, Tornadoes, and Flooding INCIDENT PERIOD: April 27, 2014 DATE REQUESTED BY GOVERNOR: April 28, 2014 FEDERAL COORDINATING OFFICER: Timothy J. Scranton National FCO Program DESIGNATIONS AND TYPES OF ASSISTANCE: INDIVIDUAL ASSISTANCE (Assistance to individuals and households): Faulkner County. PUBLIC ASSISTANCE disaster-damaged facilities): (Assistance for emergency work and the repair or replacement of Faulkner County for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program. HAZARD MITIGATION GRANT PROGRAM (Assistance for actions taken to prevent or reduce long term risk to life and property from natural hazards): All counties in the State of Arkansas are eligible to apply for assistance under the Hazard Mitigation Grant Program. OTHER: Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments. Page 64 of 78 FEMA LETTER OF INTENT Page 65 of 78 FEMA PURCHASE ORDER Page 66 of 78 Page 67 of 78 Qualtrics Survey Software Page 1 of 2 Default Question Block Name of person submitting this form? What state are you reporting from? What is your Disaster Legal Services FEMA disaster number? (Example: 4177 - FL) What is the nature of your disaster? (ie. Flood/Mudslide/Tornado) When was your hotline established? Has the hotline closed? Yes No Which week are you reporting? ("Week 1" since hot-line implementation) Did you receive any calls for this week? Yes No Please break out the number of cases by topic. To Complete an Electronic Survey: https://americanbar.qualtrics.com/SE/?SID=SV_09Ao31KeTXmF76J Page 68 of 78 https://americanbar.qualtrics.com/ControlPanel/Ajax.php?action=GetSurveyPrintPreview... 6/20/2014 Qualtrics Survey Software Page 2 of 2 Bankruptcy 0 Civil Rights 0 Contract/Contractor Issues 0 Criminal 0 Employment 0 Family 0 Federal Assistance 0 FEMA 0 Immigration 0 Insurance 0 Landlord Tenant 0 Other 0 Real Estate/Mortgage 0 Succession/Wills/Power of Attorney 0 Total 0 What is the number of state licensed volunteers? Page 69 of 78 https://americanbar.qualtrics.com/ControlPanel/Ajax.php?action=GetSurveyPrintPreview... 6/20/2014 INSTRUCTIONS TO DISTRICT REPRESENTATIVE Please use this letter template to introduce yourself and the Disaster Legal Services program to the State Bar President(s) of the jurisdiction(s) you cover, your local bar association president, and the director of your local legal aid group. Please feel free to expand this list to include the many different local bar associations and legal aid groups that your jurisdiction covers. Communicating with these individuals before a disaster hits is an essential part of disaster planning and preparation. You may find that developing relationships with these individuals now will make implementing a DLS operation much easier and smoother, when and if it is requested, rather than trying to build a relationship in the aftermath of a disaster. Please use your ABA District Representative letterhead for this letter and make changes as necessary. Page 70 of 78 ABA Young Lawyers Division 2014 – 2015 Disaster Legal Service Roster Director, Disaster Legal Services YLD, Administrative Director Nguyen, David Hoa K. Hrelic, Dana P.O. Box 741 Indianapolis, IN 46202 P: (317) 361-4700 E: [email protected] YLD, Vice Directors, Disaster Legal Services Program Ellard, Wendy Horton, Shield & Knox, P.C. 90 Gillett Street Hartford, CT 06105 P: (860) 522-8338 E: [email protected] Staff Graham, Alia S. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 4268 I-55 North Meadowbrook Office Park Jackson, MS 39211 P: (601) 969-4681 E: [email protected] Program Associate Young Lawyers Division P: (312) 988-5671 E: [email protected] Goins, Kimberly A. Jones, William Hire Counsel Contract Attorney 33 E. 33rd Street New York, NY 10016 P: (615) 310-4383 E: [email protected] Horn, Jamin Methven & Associates PC 2232 Sixth Street Oakland, CA 94701 P: (510) 649-4019 E: [email protected] Vlasman, Matthew Matushek, Nilles & Sinars, L.L.C. 55 West Monroe, Suite 700 Chicago, IL 60603 P: (312) 750-1215 E: [email protected] Information Coordinator ABA Center for Pro Bono P: (312) 988-5789 E: [email protected] Pilchen, Ira Manager, Communication Services Press Release Review Communications and Media Relations Division P: (312) 988-5743 E: [email protected] Zalenski, Cheryl Director ABA Center for Pro Bono P: (312) 988-5770 E: [email protected] Page 71 of 78 ABA Young Lawyer Division 2014 – 2015 District Representative Roster First District Representative - ME & VT Second District Representative - CT & RI Libby, O'Brien, Kingsley & Champion LLC 62 Portland Road #17 Kennebunk, ME 04043 P: (207) 985-1815 E: [email protected] Salter McGowan Sylvia & Leonard, Inc. 321 South Main St. Ste 301 Providence, RI 0293 P: (401) 274-0300 E: [email protected] Third District Representative - MA & NH Fourth District Representative - NY Artifex Legal 13110 Inwood Drive Woburn, MA 01801 P: (701) 640-2469 E: [email protected] Robert Half Legal 125 Park Avenue New York, NY 10017 P: (718) 772-4351 E: [email protected] Tara Rich Micah Ascano Fifth District Representative - PA Alexander F. Guminski Alexander F. Guminski, Attorney at Law 428 Forbes Avenue, Suite 1601 Pittsburgh, PA 15219 P: (412) 983-6699 E: [email protected] Seventh District Representative - DC & DE Cristen Ciresi Swetal Shaw Sixth District Representative - NJ Nicole O'Hara Gross McGinley, LLP 33 South 7th Street PO Box 4060 Allentown, PA 18105 P: (610) 871-1326 E: [email protected] Eighth District Representative - MD & VA Amanda Walker Mason McNulty Hubbard DLA Piper LLP 500 Eighth Street NW Washington, DC 20004 P: (202) 799-4527 E: [email protected] Hunton & Williams LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, VA 23219 P: (804) 788-7213 E: [email protected] Ninth District Representative - NC Tenth District Representative - SC & US VI Moore & Van Allen, PLLC 100 N. Tryon Street, Suite 4700 Charlotte, NC 28202 P: (704) 313-3657 E: [email protected] BoltNagi PC 5600 Royal Dane Mall, Suite 21 St. Thomas, VI 00802 P: (340) 774-2944 E: [email protected] M. Cabell Clay Steven Hardy Page 72 of 78 Eleventh District Representative - FL Twelfth District Representative - AL & GA Bush Ross, P.A. 1801 N. Highland Avenue Tampa, FL 33602 P: (813) 204-6438 E: [email protected] The Law Firm of Heather Hale, P.C. 3520 Atlanta Avenue, Unit 102 Hapeville, GA 30354 P: (404) 219-3457 E: [email protected] Thirteenth District Representative - MS Fourteenth District Representative - LA Markow Walker P.A. 2113 Government Street, Bldg M Ocean Springs, MS 39564 P: (228) 872-1923 E: [email protected] Fitzgerald & Brown, LLC 630 North Carrollton Avenue New Orleans, LA 70119 P: (504) 564-7677 E: [email protected] Fiftenth District Representative - IL & IN Sixteenth District Representative - TN & KY Ciobanu Law PC 8910 Purdue Road, Suite 240 Indianapolis, IN 46240 P: (317) 695-0382 E: [email protected] Lewis, King, Krieg & Waldrop 424 Church Street, Suite 2500 Nashville, TN 37219 P: (615) 259-1366 E: [email protected] Seventeenth District Representative - WI & MN Eighteenth District Representative - OH & WV Westman, Champlin & Koehler, P.A. 900 Second Avenue South, Suite 1400 Minneapolis, MN 55402 P: (612) 330-0585 E: [email protected] Manley Deas Kochalski, LLC P.O. Box 165028 Columbus, OH 43216 P: (614) 754-2884 E: [email protected] Nineteenth District Representative - IA & NE Twentieth District Representative - MI Lauren Pilkington Jeremy Thomas England Andrea Ciobanu Donika Pentcheva Scott Hall Carney and Appleby 303 Locust Street, Suite 400 Des Moines, IA 50309 P: (515) 282-6803 E: [email protected] Heather Hale Cristin Fitzgerald Mary Beth Haltom Andrew Clark Shenique Moss Michigan Department of Attorney General 525 West Ottawa Street, 2nd Floor Lansing, MI 48933 P: (517) 373-1130 E: [email protected] Page 73 of 78 Twenty-First District Representative - ND & SD Twenty-Second District Representative - KS & MO Elsberry & Shively, P.C. 103 South 3rd Street, Suite 9 Bismarck, ND 58501\ P: (701) 557-3384 E: [email protected] Cavanaugh & Lemon, P.A. 2942A SW Wanamaker Drive, Suite 100 Topeka, KS 66614 P: (785) 440-4000 E: [email protected] Twenty-Third District Representative - AZ & NM Twenty-Fourth District Representative - OK & AR Snell & Wilmer L.L.P. 400 E Van Buren St #1900 Phoenix, AZ 85004-2202 P: (602) 382-6390 E: [email protected] State of Arkansas 102 S. Main Street Benton, AR 72015 P: (505) 315-7767 E: [email protected] Twenty-Fifth District Representative - SOUTH/CENTRAL TX Twenty-Sixth District Representative - NORTH/WEST TX Norton Rose Fulbright 98 San Jacinto Blvd., Suite 2800 Austin TX 78735 P: (512) 536-2422 E: [email protected] Shannon, Gracey, Ratliff & Miller LLP 420 Commerce St. Ste 500 Fort Worth, Texas 76102 P: (817) 877-8146 E: [email protected] Twenty-Seventh District Representative - UT & NV Twenty Eighth District Representative - CO & WY Leverty & Associates Law Chtd 832 Willow Street Reno, NV 89502 P: (775) 322-6636 E: [email protected] Traylor, Tompkins & Black, P.C. 751 Horizon Court, Suite 200 Grand Junction, CO 81506 P: (970) 242-2636 E: [email protected] Twenty-Ninth District Representative - WA & OR Thirtieth District Representative - MT & ID Erica Shively Joy Isaacs Brandon Crisp Jess P. Rinehart Jacob R. Brennan Etter, McMahon, Lamberson, Clary & Oreskovich, PC 618 W. Riverside Avenue Suite 210 Spokane, WA 99201 P: (509) 747-9100 E: [email protected] Vincent Cox Brian Clary Travis Patterson Lance Timbreza Eli Patten Crowley Fleck PLLP 490 N. 31st, Suite 500 Billings, MT 59101 P: (406) 252-3441 E: [email protected] Page 74 of 78 Thirty-First District Representative - NORTH CA Thirty Second District Representative - SOUTH CA Fox & Bank LLP 1333 N. California Blvd, Suite 555 Walnut Creek, CA 94596 P: (925) 933-9000 E: [email protected] Dion Law Office 660 Hampshire Rd., Suite 216 Westlake Village, CA 91361 P: (805) 497-7474 E: [email protected] Thirty Third District Representative - AK & HI Thirty Fourth District Representative - FED & MIL BAR Alaska Court System 825 W. 4th Avenue Anchorage, AK 99501 P: (907) 264-0687 E: [email protected] U.S. Air Force JAG Corps. 215 Page Road, Ste. 186 Robins AFB, GA 31098 P: (487) 222-0550 E: [email protected] Vanessa Elaine Candelaria Helen Poitra-Chalmers Kathryn Clunen Joshua Roman Page 75 of 78 FEMA –IA: FEMA HQ and Regional Contact List Headquarters Human Services Tony Hake, Branch Chief [email protected] (202) 646-3428 Headquarters Community Services Section CCP/DUA/DLS Program Randy Kinder, Section Chief Naomi Johnson, Program Lead Tanya Stevenson Joy Falzarano Juanita Cisneros Ina Chan Becky Szymcik, IABD Elizabeth (Eli) Rosario Albert Ferri [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 202-646-4132 202-646-1905 202-212-5719 202- Kelly Jo Rivas [email protected] Elizabeth (Liz) Fuhrman [email protected] Eileen Feikert, IABD [email protected] 202-212-1098 617-956-7565 617-447-0488 617-956-7603 857-294-1896 617-832-4737 617-816-6839 617-956-7612 617-320-9636 212-680-3674 Michael Senycz, IABD Maria Arena [email protected] [email protected] 215-931-5632 215-931-5648 Jackie Reginello, IABD Tarsha Monk Chris Perez Sam Lockey Jon Arno Hugh Dash Jan Riddle [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 770-220-5255 770-220-5613 770-220-5215 770-220-5330 770-220-5620 770-220-5310 770-220-5646 Region 1 Rhode Island Vermont New Hampshire Connecticut Maine Massachusetts Region 2 New York, New Jersey, Commonwealth of Puerto Rico and the Territory of U.S. Virgin Island Region 3 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia Region 4 Florida Kentucky South Carolina Alabama Georgia Tennessee Page 76 of 78 North Carolina Gerald Collins [email protected] 770-220-5654 FEMA –IA: CCP, DUA, DLS Mississippi Region 5 Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin Regional Contact List Pam Ross Colleen Finkl, IABD Jean McGhee(Primary) Carolyn Robinson-Tucker (Secondary) Mark Price, IABD Don Baggett Duke Mazurek Candy Newman, IABD Marlee Carroll Martin McNeese, IABD George Betz (primary) Jennifer Voorhies (secondary) [email protected] [email protected] [email protected] [email protected] 770-220-5619 312-408-5216 312-408-5554 312-408-4409 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 940-898-5141 940-898-5150 940-898-5462 816-283-7038 816-283-7019 303-235-4897 303-242-1015 303-681-5156 Region 9 Arizona, California , Hawaii, Nevada, the Territory of American Samoa, Territory of Guam, Commonwealth of Northern Mariana Islands Region 10 Alaska, Idaho, Oregon and Washington Pacific Stephen C. Miller, IABD Clara Feldberg [email protected] [email protected] 510-627-7049 Christina Grant, IABD Gail Haubrich (Lead) Marilyn Shigetani (Acting) [email protected] 425-487-4742 425-487-4783 808-551-7909 Caribbean Alejandro De La Campa Jose Rodriquez I [email protected] Region 6 Arkansas, Louisiana, New Mexico, Oklahoma and Texas Region 7 Iowa, Kansas, Missouri and Nebraska Region 8 Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming Page 77 of 78 [email protected] 510-627-7254 787-295-3615 787-296-3515 DISASTER LEGAL SERVICES ELIGIBLE EXPENSES REIMBURSEMENT PROCEDURES Eligible expenses are as outlined in the Memorandum of Agreement (MOA) between the Federal Emergency Management Agency and the American Bar Association Young Lawyers Division. Any necessary expenses not outlined in the MOA must be preapproved in writing. The expenses submitted must be within the term dates and the amount outlined in the FEMA purchase order and/or any subsequent amendments. Preapproval in writing via an amendment is required if services need to extend beyond the purchase order terms. 1. Expenses should be submitted to the American Bar Association’s Young Lawyers Division at the conclusion of each disaster. 2. Reimbursement requests must include: a. b. c. d. e. An itemized invoice from the person or organization (on letterhead) Original receipts for all expenses A copy of the FEMA purchase order and amendments, if any Preapproved emails obtained for any questionable expenses ABA issued New Vendor Forms, generally issued by the YLD staff. 3. Received invoices are forwarded to FEMA for review and approval. You will be informed in advance if there are questions and/or adjustments. 4. Approved expenses will be funded from FEMA to the ABA YLD via wire transfer. 5. Payment will be remitted to the person or organization incurring the expenses. If you have any questions or concerns regarding the process, please contact Alia S. Graham at 312.988.5671 or via email at [email protected]. Page 78 of 78
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