Prepared by the MSBA-YLS Disaster Relief Committee for use by Chairs of the Disaster Relief Committee, Circuit Representatives and other coordinators of legal services and attorneys in the event of a federally declared and/or transportation disaster in Maryland.

TABLE OF CONTENTS

EXECUTIVE SUMMARY

I. INTRODUCTION
II. DEFINITIONS AND POLICIES

A. Definitions
B. Policies

III. EMERGENCY PLAN IMPLEMENTATION
IV. THE ROLE OF THE VOLUNTEER ATTORNEY

A. Scope of Legal Advice
B. DRCs and Helpline

V. CONCLUSION

APPENDICES

A. Training Manual (with Attachments)
B. Intake Sheet for Clients
C. Case Status Form
D. FEMA Law (Robert T. Stafford Act, 42 USC § 5121, et seq. or the FEMA Library) and Regulations (44 CFR 206.164)
E. Federal Volunteer Protection Act (42 USC § 14501-14505) and Maryland Volunteer Service Act (copied here Cts & Jud. Proc. Article, Title 5, § 5-407 or try directly from the General Assembly's version of the statutes: 5-407 (link valid as of April 10, 1999))
F. ABA/FEMA Agreement
G. ABA/NTSB Agreement
H. Important Names and Numbers (To Be Updated Annually)

1. Attorney Network
2. FEMA & MEMA
3. ABA-YLD Chair & District Representatives
4. HPRP
5. PPBAC Project
6. MSBA-YLS Liaison & Executive Director
7. Circuit Representatives & Local Bar Offices

I. Media Announcement/Recruitment Samples

I. Purpose

In conjunction with and pursuant to two Agreements which are respectively between the American Bar Association, Young Lawyers Division (ABA/YLD) and the Office of Disaster Assistance Programs of the Federal Emergency Management Agency (FEMA), and between the ABA/YLD and the National Transportation Safety Board ("NTSB"), the Young Lawyers' Section (YLS) of the Maryland State Bar Association (MSBA) will form a network of volunteer attorneys to provide free legal services to victims of federally declared disasters and major transportation disasters in the State of Maryland. Should legal services be requested by FEMA or NTSB, the ABA/YLD shall have sole and complete responsibility for coordinating legal efforts with all other State and local bar organizations, affiliates and legal services organizations.

II. Role of Attorney Volunteers

A. Take Calls/Cases from the Disaster Assistance Helpline (FEMA)- A toll-free 800 number ("Helpline") will be established by FEMA at the MSBA Headquarters, or a local bar association, if legal services are necessary. Victims seeking legal assistance will be able to call the Helpline and leave a voice mail message for the Co-Chairs of the YLS Disaster Relief Committee ("Co-Chairs"). The Disaster Relief Co-Chairs will retrieve the messages periodically (and in any event at least two (2) times in every 24-hour period), from the Helpline and contact victims to answer questions or to notify them that an attorney will be assigned to their matter and will contact them shortly. The Co-Chairs will then contact an attorney from the provided list of volunteer attorneys (Attorney Network Appendix H-1) in the area where the disaster has occurred. The typical case consists of simple questions that can be answered with one telephone call. However, in some instances, a volunteer may be needed to actually take on a particular case. The types of legal services volunteer attorneys are generally asked to provide include: insurance claims, landlord-tenant issues, home repair contracts, consumer protection, mortgage foreclosures, replacement of important papers, estate administration, powers of attorney, guardianship, and referrals to other agencies.

B. Staff Disaster Recovery Center (DRC) - Once a major disaster is declared, FEMA may set up a DRC where victims can obtain information from various agencies and individuals regarding coping with the major disaster, including obtaining free legal advice. Volunteer attorneys may be asked to staff the DRC for certain periods of time to provide legal services to victims.

C. Transportation Disaster Services (NTSB) - If a transportation disaster occurs in Maryland, or outside Maryland but involves Maryland residents and/or related issues, the NTSB, through its Director of Family Support Services, may request assistance from the ABA/YLD in providing general legal advice to disaster victims and/or their families. Generally, the Chair of ABA/YLD's Disaster Legal Services Committee and other designated ABA/YLD members will travel to the disaster site and will contact the Co-Chairs for advice and/or guidance for disaster victims regarding any Maryland issues. However, should it be necessary, volunteer attorney's may be asked to represent transportation disaster victims and/or their facilities on a pro-bono basis, as referred by the ABA/YLD Chair to the Co-Chairs and then to the Attorney Network.

III. Preparing for a Major Disaster

A. MSBA - At the beginning of each bar year, the Co-Chairs shall contact the Executive Director of the MSBA or the duly appointed disaster relief designee of the Executive Director to arrange for hooking up the Helpline at MSBA Headquarters should it be needed. The Helpline will be a recorded message which the Co-Chairs can retrieve off-site. It is intended that the MSBA Staff should only be responsible for the connection of the Helpline, and FEMA, according to its current policy and agreement with the ABA/YLD will reimburse MSBA for any telephone company costs incurred for the installation, maintenance and long distance charges for the Helpline.

B. Circuit Representatives of MSBA/YLS

1. Every bar year, the then current Co-Chairs of the YLS Disaster Relief Committee will contact the Circuit Representatives of the YLS and require them to submit five (5) names and addresses of attorneys willing to volunteer in the event of a disaster. The Circuit Representatives will report to the Co-Chairs every two months with any revisions to the names and addresses of the attorneys so that the Attorney Network is current. In the event an attorney volunteer is no longer willing to volunteer, the Circuit Representative shall find a substitute attorney. The Co-Chairs will spot check the names and addresses of the attorneys every three months. The names and addresses of the attorneys will be provided to the Chair of the YLS and the ABA District Representative (District 8).

2. Circuit Representatives shall also aid in annually updating the list of local bar association contacts provided in Appendix H-7.

3. The Co-Chairs will send a letter to each volunteer attorney along with the Training Manual and Appendices.

4. The Circuit Representatives will be invited to ABA/YLD Affiliate Outreach Project Meetings (AOPs) or other ABA/YLD FEMA Training sessions based on budget and availability.

C. Annual Update of Appendix H - Every bar year, the Co-Chairs will update all names, addresses, telephone numbers and other information provided in Appendix H.

D. Homeless Persons Representation Project (HPRP) and/or People's Pro Bono Action Center, Inc. ("PPBAC") - The Co-Chairs will contact HPRP and PPBAC for a back-up list of volunteers, if needed and/or assure a contact person from each organization is provided in Appendix H. Copies of the Response Plan, with all appendices, will be provided to HPRP and the PPBAC at the beginning of each bar year once all appendices have been updated. Representatives from HPRP and PPBAC will be invited to attend training sessions.

E. Advertisement on Web Page and in Advocate - The Co-Chairs shall prepare a press release and a Request for Volunteers to be placed on the MSBA/YLS Web page, in the YLS quarterly publication known as the "Advocate", and other publications as required.

F. Training Sessions - Every bar year, the Co-Chairs shall conduct training sessions which shall comply with the following guidelines:

1. MSBA President, Local Bar Association Presidents, their Staff, MSBA YLS Section Council members and all volunteer attorneys shall be invited and encouraged to attend training sessions.

2. Training sessions shall be held throughout the State of Maryland to make them geographically convenient. The Co-Chairs shall attempt to conduct two training sessions per year.

3. Training sessions will be approximately two (2) hours in length and may include a video tape, the ABA/YLD District Representative, the ABA/YLD FEMA Chair, the ABA/YLD NTSB Chair, and FEMA attorneys. Training sessions may be provided in June of every year at the Annual Convention in Ocean City, and in January as part of other planned MSBA or local bar association activities, if possible.

4. Training sessions may also include review of substantive law materials regarding the most commonly asked questions from the victims of disasters.

DISASTER LEGAL ASSISTANCE PROGRAM RESPONSE PLAN MANUAL

I.INTRODUCTION

This Response Plan is intended to provide a process to be followed by Co-Chairs of the Disaster Relief Committee of the MSBA/YLS in preparing for and in the event of a federally declared and/or transportation disaster in Maryland. Important information is contained herein, as well as in the attached appendices which should be reviewed and updated annually by the Co-Chairs and the Chair of the YLS. Further, an updated copy should be provided to the Regional District Representative of the ABA/YLD, the ABA/YLD District No. 8 Representative and the ABA/YLD Disaster Relief Chair.

A. Definitions

1. "Attorney Network" includes all members of the MSBA, wherever and by whomever they are employed, who agree to provide free Legal Services in Non-Fee-generating cases to victims of disaster through this Response Plan. Under no circumstances is a lawyer required to participate in this Response Plan. Volunteer attorneys agree, however, to be bound by all policies established by MSBA, FEMA and NTSB.

2. "Fee-generating case" is one which would not ordinarily be rejected by local lawyers as a result of its lack of potential remunerative value. Co-Chairs, with the assistance of the ABA/YLD Representatives, will determine whether a case is a Fee-generating case and if so it will be referred by Co-Chairs as follows:

a) through the existing Local County Bar Association Referral Services, or if this is impossible or impractical,

b) in cooperation with the HPRP and MDPB Project.

3. "Helpline" is the toll-free 800 telephone number which will be established by FEMA at MSBA Headquarters in the event of a major disaster. Victims will be given this number if they need legal services.

4. "Legal Services" includes legal advice, counseling, and representation in Non-Fee-generating cases for the purposes of securing benefits provided by State and Federal agencies, and resolution of claims arising out of the disaster.

5. "Volunteer Attorney" is a lawyer who has provided his/her name to be included in the Attorney Network and agrees to provide free legal services to victims of federally declared and transportation disasters in the State of Maryland.

6. "DRC" is a disaster recovery center where victims of disasters can obtain information and services from various agencies and individuals regarding coping with the disaster.

7. "Intake Sheet" and "Case Status Form" are documents used by the Co-Chairs and the Volunteer Attorneys to conduct preliminary and follow-up reviews of cases. [See Appendices B and C.]

B. Policies

The following policies shall be strictly adhered to and complied with:

All legal services provided under the Response Plan must be conducted in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age or economic status. See 42 C.F.R. § 206.11.

Neither MSBA, MSBA/YLS, NTSB nor FEMA may exercise any control over the attorney-client relationship; however, to the extent that MSBA, MSBA/YLS, NTSB and/or FEMA has requested that legal services be provided pursuant to State and/or Federal laws, MSBA, MSBA/YLS and/or FEMA may exercise control over the administration of DRCs and telephone Helplines.

Under no circumstances may a Volunteer Attorney solicit clients or accept any compensation while providing services pursuant to this Response Plan.

Note that Volunteer Attorneys must consult their own liability policies for coverage in providing pro bono legal services. Neither MSBA, MSBA/YLS, NTSB or FEMA provides insurance coverage. Further, Volunteer Attorneys are not considered employees or agents of either the Federal or State government. Neither the Federal nor State government IS responsible for the negligence or misconduct of any Volunteer Attorney providing legal services pursuant to this Response Plan. Volunteer attorneys are however, currently covered under the federal Volunteer Protection Act, 42 USC § 14501- 14505 (1997) and the Maryland Volunteer Service Act, Courts and Judicial Proceedings Article, Title 5, § 5-407. (Attached as Appendix E).

Volunteer Attorneys must remember that each disaster is unique. In addition, State and Federal personnel may change, as does the location of lawyers throughout Maryland. The need for relief efforts, and the extent of those efforts varies dramatically depending upon the scope and nature of the disaster. For these reasons, all lawyers should remain flexible in executing the Response Plan in any given situation.

A. FEMA Disaster.

In the event that the President of the United States declares a disaster, the Federal government, through FEMA may initiate the request for disaster legal services. In that case, the notification process will be as follows:

1. FEMA, through its Agreement with the ABA/YLD, will make the request through the ABA/YLD Staff Director in Chicago, Illinois. [See FEMA - ABA/YLD Agreement at Appendix F].

2. The ABA/YLD Staff Director will immediately notify the ABA/YLD District Representative for Maryland. The District Representative is a young lawyer elected to a two year term by the bar organizations in the district that are affiliates to the ABA/YLD. [See Appendix H for the names and addresses of the current ABA/YLD District Representative and Staff Director].

3. The District Representative will then notify the Chair of the MSBA/YLS who will contact the Co-Chairs of the Disaster Relief Committee.

4. The Co-Chairs will then coordinate efforts of the Attorney Network with Staff at FEMA.

5. The Agreement between FEMA and ABA/YLD provides procedures by which reimbursement for expenses may be requested. If FEMA is the agency coordinating disaster relief efforts, reimbursement requests should be made in accordance with that Agreement.

6. FEMA will provide a toll-free 800 Helpline number, which the Co-Chairs will have set up at MSBA Headquarters. The Helpline will be a recorded message and victims can leave a message for a return call within 24-hours. FEMA will prepare a press release which advertises the Helpline.

7. Co-Chairs will retrieve messages from the Helpline at least two (2) times in every 24-hour period until FEMA clears the disaster. Co-Chairs will keep a log of all messages retrieved from the Helpline.

8. Once a message is retrieved, Co-Chairs will return the call and if possible, provide the needed legal advice or counseling. At this time, a FEMA Intake Sheet will be filled out and a number assigned to the case. Co-Chairs will also determine client eligibility for services based on the relevant regulations (44 CFR § 206.164) prior to referring the case to a Volunteer Attorney. If there is a question as to eligibility, the Co-Chairs will consult with the District Representatives and the ABA/YLD Disaster Legal Services Committee Chair. If the case can not be handled through this Response Plan, the client will be referred to the appropriate local attorney referral service or other agency, as set forth in Section II.A.2 above.

9. If a case is immediately resolved, the case will then be noted as closed on the Intake Sheet and the Case Status Form.

10. If the case will require additional work, the Co-Chair will contact an attorney in the Attorney Network in the geographic location of the victim, if possible. The Co-Chair will fax the Intake Sheet to the Volunteer Attorney and request that the client be contacted within 24 hours for additional services. All of this information will be noted on the Case Status Form.

11. Co-Chairs will be responsible for following-up with all cases referred to the Attorney Network at the conclusion of the major disaster and/or every 2 months thereafter if needed. All Intake Sheets and Status Forms will eventually be provided to FEMA personnel.

12. If FEMA establishes a DRC, Co-Chairs will contact those in the Attorney Network nearest to the DRC and schedule in-person coverage for the hours of operation of the DRC throughout the period of the major disaster. If possible, the Co-Chairs will staff the DRC at least every other day.

13. If there is a need for additional volunteer attorneys to take cases and/or staff the DRC, the Co-Chairs shall contact the HPRP and the PPBAC for additional attorney volunteers.

B. NTSB Disaster

If there is a transportation disaster in Maryland, or one which involves Maryland residents or legal issues, the NTSB's Director of Family Support Services (Director) will determine if legal assistance is needed and the process will be as follows:

1. If legal services are need, the Director will contact the Chair of the ABA/YLD's Disaster Legal Services Committee regarding the extent of requested assistance.

2. The Chair of the ABA/YLD's Disaster Legal Services Committee (DLS Chair), the Chair of the ABA/YLD, the Staff Director of the ABA/YLD and/or others designated by the Chair of the ABA/YLD shall travel to the disaster site and arrange for the provision of legal services pursuant to agreement between the ABA/YLD and the NTSB (See Appendix G).

3. The ABA/YLD DLS Chair shall then contact the Chair of the MSBA/YLS and/or the Co-Chairs regarding the need for legal services and activation of this Response Plan.

4. The Chair of the MSBA/YLS and the Co-Chairs will determine how to respond to the request for legal services, and make appropriate referrals to the Attorney Network and/or other agencies as set forth in Section II.A.2 herein.

5. If attorneys are needed to provide on-site legal advice and guidance, the Co-Chairs will use the Attorney Network to make such assignments as requested by the NTSB and/or the ABA/YLD DLS Chair.

6. The process for intake and follow-up with victims will be similar to that described above or as directed by the ABA/YLD DLS Chair or the NTSB.

A. Scope of Legal Advice

Volunteer Attorneys will be asked to volunteer their time by generally providing legal information and advice in the following areas:

1. Assistance with insurance claims

2. Counseling on landlord-tenant problems

3. Assistance with home repair contracts

4. Assistance with consumer protection matters, remedies and procedures

5. Counseling on mortgage foreclosure problems

6. Replacement of basic wills and other documents destroyed in the disaster

7. Drafting powers of attorney

8. Estate administration

9. Preparation of guardianships and conservatorship

10. Assistance with securing state and federal benefits

[See Training Manual for Commonly Asked Questions].

B. DRCs and Helpline

Where feasible, Volunteer Attorneys will be on-site at each DRC during the hours of operation. DRCs may be housed in commercial buildings, tents or simply in roped-off areas at disaster sites. Volunteer Attorneys should be prepared for adverse conditions, such as a lack of water, power, telephones and air conditioning.

Volunteer Attorneys may also assist in answering questions received from victims via the toll-free legal services Helplines established with the approval of FEMA, MSBA/YLS and/or MSBA. In addition, FEMA, MSBA and MSBA/YLS may disseminate information through radio, television, newspapers and mass distribution of pamphlets outlining various aid programs. [See Appendix I for samples].

If DRCs are established by MSBA, MSBA/YLS and/or FEMA, the following procedures and details may be applicable:

1. A DRC houses all Federal and State agencies offering emergency relief and assistance to victims. A legal desk will be set up.

2. The Co-Chairs(s) should establish schedules to ensure that the legal desk is staffed each day while the DRC is opened. Shifts of two to four hours are recommended.

3. Volunteers should not only be prepared to answer commonly asked legal questions [see Training Manual for Commonly Asked Questions], but should also be prepared to provide telephone numbers, pamphlets, or any other information that may be of assistance to a disaster victim seeking legal assistance.

4. In the DRC, the disaster victim completes a Legal Services Intake Form [See Appendix B for FEMA Intake Form]. The DRC Manager (MSBA or FEMA personnel) determines whether the victim qualifies for services and directs the victim to the appropriate service providers, including the legal services desk.

5. If the disaster victim qualifies for assistance, and has a Non-Fee-generating case, a Volunteer Attorney may proceed to answer basic questions and provide preliminary legal advice and consultation. Like Fee-generating cases, complex cases should also be referred through the mechanisms outlined in Section II.A.2 above.

6. There may be overlap in some of the services available at the various desks in a DRC (i.e. IRS, insurance and loan programs, consumer representatives, etc.); therefore, broad cooperation is encouraged.

7. If the disaster victim fails to qualify for disaster legal services, due to economic status or the Fee-generating or complex nature of the case, the Volunteer Attorney should refer the case through the mechanism outlined in Section II. A. above.

8. Any dispute or uncertainty about the Fee-generating or complex nature of the case should be referred to the Co-Chairs, who shall consult with the appropriate MSBA/YLS, ABA/YLD and/or FEMA personnel.

9. Volunteer Attorneys should maintain careful notes regarding intake, recommendations and disposition of each case, for his or her own benefit and the benefit of any lawyer who may subsequently handle the case. All information collected should be submitted to the Co-Chairs at the end of each day.

10. Volunteer Attorneys should also maintain a record of the number of hours volunteered and types of legal services provided. All information collected should be submitted to the Co-Chairs at the end of each day.

11. The Co-Chairs should provide regular reports of all DRC activity to the FEMA personnel. A final report (when all cases have been resolved) should be submitted to FEMA and maintained on file with the MSBA/YLS.

It is the desire of the MSBA/YLS that many Maryland attorneys will volunteer to participate in this program and help to ensure its success. Providing legal services to those who would not otherwise be able to enjoy the benefits and protections of the law is one of the highest goals and greatest rewards of our profession. There is no better time for reminding ourselves of these personal and professional obligations than when our fellow citizens are confronted by devastating losses caused by natural, transportation or man-made disasters. Thank you for devoting your time and effort to this cause.