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Disaster Legal Assistance: Bar Volunteers Accept Referrals to Help Disaster Legal Assistance: Bar Volunteers Accept Referrals to Help Victims Funnel cloud in Farmville BY MARILYN SHAW The Joplin, Missouri, twister left 154 dead. In Tuscaloosa, Alaba­ ma, tornadoes took 63 lives. Nationwide as of June 16, torna­ does have proved fatal to 537 Americans this year. Severe weather this past spring spawned a reported 1,425 twisters touching down in more than half the states in the country. In Virginia, 30 twisters killed 10 people-the state's first tornado fatalities since 1998-and injured dozens, damaged hundreds of homes, and rearranged futures. To help the victims of two torna­ does that churned Pulaski County soil on April 8 and high winds, flash floods, and a mudslide from severe VDEM weather April 16, first responders Virginia State Police captured storm damage in Washington County near Interstate 81. mustered out, the governor declared a state of emergency, and The Virginia Services Committee. The purpose is to affected Deltaville near the Chesa­ Bar Association in partnership with train interested attorneys to provide peake Bay, and Washington County in the Virginia State Bar mobilized and pro bono legal assistance to qualifying the far southwestern part of the state. trained volunteer individuals who are "Folks typically do this not for the attorneys to assist the victims of natu­ CLE credit, but to take on cases" for victims of these natu­ ral disasters and ter­ victims on a pro bono basis, Nicholson ral disasters. rorism. said. "The program is "We try to do one always in existence "It's so unfortunate we have to CLE a year to keep but we only mobilize mobilize," said Ostroff, who assisted up to date," said after the president or Suffolk residents after a tornado there Michael P. Nicholson the governor de­ several years ago. "But it's great to help of Williams Mu lien clares a state of in some small way." in Richmond. He co­ chairs the VBA/yLD Nicholson emergency in Vir- Sturtevant Volunteers generally handle refer­ ginia," he explained. Disaster Legal Assis­ rals by phone, providing assistance by "Key people in the VSB and VBA mobi­ tance Comittee with phone or email. After the CLE training, lize to arrange CLE training via tele­ Ethan Ostroff of lawyers are added to the rolls of volun­ phone. We train them and provide Troutman Sanders in teers able to help disaster victims. materials and background." Virginia Beach. Four days after the training this "The Emergency The latest free, one-hour telephone spring, the toll-free phone line of the Legal Services Pro­ CLE on Emergency Legal Services Virginia State Bar's Virginia Lawyer gram started in the Training occurred April 21, shortly Referral Service became available early '90s by the state after tornadoes touched down in to take victim requests for free or re­ bar's Young Lawyers Pulaski County in southwest Virginia. duced cost legal services. Conference and The Ostroff More than 100 attorneys of all ages In May, just a month after the Virginia Bar Association's Young Law­ registered for the program coordinat­ storms, two calls had come in and yers Division," said Glen Sturtevant, ed by the young lawyers groups. were referred to a pair of the 36 volun­ Jr., of Hunton & Williams, a VBA "That was a great response from teer attorneys on the rolls at that time. member and the Young Lawyers attorneys from throughout the state," Three more referrals followed in June. Conference Board of Governors Sturtevant said. Within two weeks of All related to either the cancelation of Liaison to the Emergency Legal the Pulaski event, severe weather homeowner's policies or the negotia- IOITHE VIRGINIA BAR ASSOCIATION NEWS JOURNAL SUMMER 2011 The program" is always in existence but we only mobilize after the president or the governor declares a state of emergency in Virginia. - Glen "Sturtevant Jr. times these come later on." Whenever possible, referrals are made on the basis of the lawyer's spe­ cialty as well as on proximity to the caller. "Volunteers come from all over the state, even out-of-state attorneys, who can give advice and assist for the long term," said Toni Dunson of the Virginia Lawyer Referral Service. Volunteers can provide assistance regarding problems with creditors, homeowner's insurance, advice about insurance issues, landlord-tenant mat­ ters, home repair contracts and solici­ tations, how to get lost documents back, and other legal problems stem­ ming from severe weather damage. "We have not assisted anyone over the last two and a half years because there really haven't been any disaster events or states of emergency, fortu­ nately," Nicholson said. On June 1, the Atlantic hurricane season opened. Forecasters predict VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT above-normal activity. In early April, tornadoes ripped through Pulaski County in Southwest Virginia. "We're probably not the state with the most disasters, but we're in the top tion for payment on homeowner's director of public affairs at the Virginia third because of our unique terrain, insurance claims. Department of Emergency Management. with mountains and the coast," "1 thought there'd be a larger need," Nicholson agreed. Spieldenner said. Sturtevant said. "I've checked with "A lot of time what happens is LegalAid folks in southwest Virginia you'll have an event such as tornadoes and they hadn't seen a spike in and then some time will pass. People requests for assistance. We take that as need a little time to get back on their good news after significant damage feet after they get their stuff in order," around the state that there are not con­ he said. "The day after a tornado peo­ tractors taking advantage." He said ple may not realize they need a lawyer. cases involving contractors were Other people are helping with their referred to volunteers after a tornado immediate needs." struck Suffolk a few years ago. Nicholson said he believes calls "With the complexity of the recov­ from the spring storms easily could VDEM ery procress, navigating insurance come in well after the damage. "1 Teams of federal, state and local represen­ [matters], sometimes legal advice is thought at this time we would have tatives performed early damage assess­ important," said Bob Spieldenner, more requests for assistance, but some- ments in Gloucester County on May 2. SUMMER 2011 THE VIRGINIA BAR ASSOCIATION NEWS JourmAL/l1 .
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