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Lawyers Pitch In to Help Flood Victimsby César Torres and Julia Bahner Last December, Pamela Riley remembers coming home from work. It was a Monday morning and she had just finished her graveyard shift as a cashier at the Centralia Wal-Mart. Ms. Riley is 60 years old and she lives alone with her cat and dog in a mobile home in Centralia. She remembers it had been raining throughout the evening. “The water was about up to the first step,” said Ms. Riley, describing the entry stairway to her trailer home which sits about four-and-a-half feet off the ground. “At seven that evening, I was told to evacuate.” Ms. Riley packed up some belongings, and headed for higher ground. She would not return for four days. What happened during those four days was some of the worst flooding in the state’s history. More than 10 inches of rain fell within 24 hours in some areas in western Washington, while 60-to-80-mile-per-hour winds buffeted the landscape. The heavy rain forced many rivers over their banks, flooding towns and closing Interstate 5. Upon returning home, Ms. Riley found water had reached the home’s floorboards supporting the living area. High winds ripped open the roof, causing water to leak into a spare bedroom. Several rooms suffered significant water damage. In addition, the flooding destroyed her heat pump, and filled her garage with mud. While Ms. Riley could live in her home, winter was approaching and she had no heat, a leaky roof, waterlogged floors and walls, a homeowners' policy which did not cover flood damage, and few resources to pay for repairs. Fortunately for Ms. Riley, and many individuals like her, since 1973 the ABA Young Lawyers Division (YLD) has been coordinating legal services for low-income disaster victims with local and state bar associations. And, under a 2007 agreement with the Federal Emergency Management Agency (FEMA), local YLD volunteers have increased access and tools to assist disaster victims in seeking FEMA aid. Following the December flooding, the federal government eventually declared 12 Washington counties as disaster areas. Immediately upon FEMA’s declaration, the WSBA and the Washington Young Lawyers Division (WLYD) and the Northwest Justice Project (NJP) set up and publicized a bilingual toll-free hotline in the flooded areas. NJP also set up an online registration page for lawyers willing to volunteer their time to help disaster victims. WSBA President Stanley Bastian quickly issued an urgent call for lawyers to volunteer to help. Many lawyers responded, and the WLYD began matching volunteers with low-income flood victims and coordinating requests for assistance with NJP. The WLYD and NJP also worked with attorneys Robert Gerard "Jerry" Lutz and Nichole Abbotts and Perkins Coie LLP to put on a free CLE giving volunteer lawyers a crash course in federal laws and procedures addressing federal disaster relief. Well over 100 attorneys signed up for the CLE. Some lawyers helped low-income homeowners who had questions about their insurance policies or mortgages. Others helped tenants understand their rights and obligations when units became uninhabitable due to water or structural damage. Still others helped redraft personal documents such as wills, which were destroyed in the flooding. In all, WSBA volunteer lawyers handled more than 100 cases of varying complexity. Many individuals, like Ms. Riley, were involved in relief and assistance issues with FEMA itself. While the agency processed many claims smoothly and efficiently, many others became tangled in a bureaucratic web exacerbated by confusion, inexperienced staff, and an avalanche of claims from disasters not only in Washington, but nearby in Oregon and across the country. In Ms. Riley’s case, FEMA had initially turned down her request for federal assistance, and also denied her appeal. Not knowing what to do, she called the hotline and was assigned a volunteer lawyer. Her lawyer looked into the situation, gathered documents, and filed a request for reconsideration with FEMA. He also arranged for temporary housing assistance, and additional repair estimates which more fully and accurately reflected the damage to her property. After four months of phone calls, letters, faxes, and e-mails, FEMA reversed itself and granted Ms. Riley’s request for home-repair assistance. The December 2007 flooding was not the first time FEMA has enlisted the WLYD’s help for low-income disaster-related legal assistance. WSBA volunteer lawyers also provided assistance to low-income individuals following previous floods the year before and in 2003, and in the 2002 Nisqually earthquake. Last December’s disaster has left indelible marks on families and communities throughout western Washington. Overall, the legal hotline was up and running from December through May of this year and received approximately 110 calls from low-income individuals who truly needed legal services. We especially want to thank the many lawyers and law firms who stepped forward to volunteer time, resources, and staffing to assist the many individuals flooded out of their homes with no place to turn, and the WSBA leadership for its complete support for the effort. On the following page is a list of individuals and law firms who gave generously. Richard J. Busch, an attorney at Graham and Dunn PC, said that his work on behalf of a flood victim was some of the most rewarding work he has done in years. We hope that all Washington attorneys consider taking a case in the event of a future emergency. As you can see from the list of volunteers, they come from all over the state and from all legal backgrounds. We would also like to thank the various county bar associations which provided valuable assistance to flooded residents in their communities. Everyone truly made a difference in people’s lives, and demonstrated the highest ideals and dedication to the public our profession has to offer. César E. Torres is the executive director of the Northwest Justice Project, Washington’s publicly funded statewide legal aid program. Julia Bahner is president-elect of the WYLD and is associate claims counsel at LandAmerica Financial Group. She can be reached at jbahner@landam.com. The WSBA extends a special appreciation and recognition to these volunteers. WSBA President Stan Bastian issued a call for help, and Washington lawyers quickly stepped in to help those hurt by the tragedy. Jerry Lutz and Nichole Abbotts, of Perkins Coie, worked closely with Julia Bahner, chair and coordinator of the YLD’s disaster response efforts in Washington and Oregon, and César E. Torres, of the Northwest Justice Project, to hold a Disaster Assistance CLE to recruit and train volunteers. WSBA volunteers handled more than 100 cases, ranging in complexity from wills and landlord tenant to real estate, insurance, and Federal Emergency Management Agency claims. Thank you to these individuals for their service and dedication to the highest ideals of our profession: Nichole Abbotts, Perkins Coie LLP (Bellevue) Each of these firms stepped up and offered the support of their firms, attorneys, and support staff. Badgley Mullins Law Group PLLC • Graham & Dunn PC • Perkins Coie LLP
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