What Does a Disaster Legal Services Attorney Do?

Use these links to jump to different sections:

• What Is Disaster Legal Services?
• How to Become Eligible for Disaster Legal Services
• Geographical and Scope Considerations
• Services Provided by Disaster Legal Services Attorneys
• Find Disaster Legal Assistance

Natural disasters leave more than physical damage in their wake—they also create complex legal challenges for survivors. Disaster Legal Services (DLS) steps in to provide essential legal assistance, ensuring survivors get the help they need. With tailored services that address the needs of diverse communities and a strong network of partners, DLS ensures swift and effective legal aid in times of crisis. The DLS offers much-needed legal disaster relief to survivors facing the tough task of rebuilding their lives.

What Is Disaster Legal Services?

The Disaster Legal Services program is a resource for people who experienced a disaster but do not have the resources to pay for their own legal representation. The program provides pro bono legal help for disaster-related legal needs. The DLS program is run through the Young Lawyers Division of the American Bar Association. It is activated when the President declares an event to be a major disaster that qualifies for the Federal Emergency Management Agency (FEMA) Individual Assistance program.

Legal services are limited to civil legal matters and do not include criminal matters. The program offers a limited scope of civil legal issues. Legal professionals can provide support when applying to disaster assistance programs operated by the FEMA and Small Business Administration (SBA). They can assist with filing insurance claims, reviewing home repair contracts, or landlord/tenant disputes. Services also include replacing important legal documents that may have been lost in the disaster, such as wills, powers of attorney, or requesting new birth certificates.

Each state has a division for its residents. Individuals looking for assistance can go to the Legal Aid Disaster Resource Center to see the current disasters the program is servicing. The types of disasters the program covers include flooding, wildfires, hurricanes, tropical storms, landslides, mudslides, earthquakes, and tornadoes. These federally declared natural disasters cause widespread damage and the mass displacement of people. Disaster survivors must be in a covered geographical area and unable to afford legal services to be eligible for services.

Donald E. Smolen represents clients in a variety of civil litigation matters in Tulsa, Oklahoma. While he does not represent clients in disaster legal claims, he does offer useful insight into why speaking with a lawyer is important. “Even if you want to go to trial on your own, speaking with an attorney would at least give you the legal insight that you probably don’t already have. So there’s a benefit there of information.”

How to Become Eligible for Disaster Legal Services

The first step to determining eligibility is to call the dedicated hotline for the disaster you experienced. The Legal Aid Disaster Resource Center has a complete list of the current disasters being serviced. Before calling, you can review the website’s page dedicated to the disaster. Here, it lists the counties that were affected and eligible for assistance. It also lists the FEMA application deadline, FEMA decision appeals deadline, SNAP hot food waiver, and a link to apply for disaster unemployment. There will also be an extensive list of resources:

• Safety and shelter resources
• Legal assistance providers
• Disaster recovery center locator
• Disaster and disability toll-free helpline

Once established that an individual lives in a covered region, they may demonstrate they cannot afford legal services on their own. This is typically done by assessing income levels or showing disaster-caused financial hardship. Potentially qualifying disaster survivors screened for eligibility. Those who qualify will be provided a referral to a volunteer attorney who will provide legal assistance. The assigned attorney will provide free legal help.

Geographical and Scope Considerations

The DLS program is not automatically available to everyone in the state when a disaster is declared. Instead, the individual affected counties get listed for each disaster. For some states, there may not be a disaster declared, so the program does not currently offer assistance to residents in that state. For other states, there may be multiple disasters declared, resulting in multiple initiatives that could have different or overlapping geographical coverage.

States like Florida, California, and Texas have some of the highest rates of currently active programs, while states like Wyoming, Wisconsin, and North Dakota do not have any active initiatives. However, the active programs can change overnight in response to a natural disaster. The initiatives remain active for several years. For example, Florida has initiatives in place for hurricane response dating back to 2020.

The program has a broad scope and aims to be inclusive of languages other than English. Legal assistance is multilingual, with interpreters available in Spanish, Mandarin, Vietnamese, etc. Special considerations are in place for immigrant families, very low-income people, and people with disabilities.

Services Provided by Disaster Legal Services Attorneys

The legal assistance provided has a limited scope. The program is designed to assist disaster survivors in getting the financial compensation they are entitled to and recovering lost legal documents. The volunteer attorneys can help file an insurance claim for property damage, loss of personal belongings, or other claims. If the claims get denied, they can help dispute the claim. The attorney is there to help the individual understand complex insurance documents and navigate the complex claims process.

Another common service is helping individuals create new legal documents that were lost in the disaster. Typically, this involves redoing estate planning documents like a will, power of attorney, and anything else needed. The legal assistant can also provide guidance on other legal matters, such as survivors facing foreclosure or eviction issues due to financial strain caused by the disaster. The legal assistant can review legal documents such as a lease or contract. They can identify possible alternative solutions and rights to protect their home.

In some situations, the legal assistant can provide guidance on contractor fraud. Perhaps a contractor is attempting to or did take advantage of a disaster survivor when performing restoration work. Another situation could involve price gouging by businesses looking to capitalize on the disaster.

Smolen provides helpful insight into what individuals should look for when hiring an attorney to represent them. “Do they speak to them respectfully, or do they talk down to the client? You want to know whether or not this attorney has handled similar claims before. What were the results [of those previous case representations]? What do they think is a reasonable expectation as far as outcomes?”

Find Disaster Legal Assistance

DLS has proven its value in disaster-stricken states like Texas, Florida, California, and North Carolina by addressing crucial legal needs, from housing disputes to FEMA appeals. Their dedication to reaching vulnerable populations, including immigrants and those with limited resources, ensures that everyone has access to essential recovery services. By collaborating with local organizations, the ABA, and FEMA, DLS enhances its disaster response, ensuring legal assistance is available when it’s most needed. Through statewide coordination and partnerships with local organizations and federal agencies, DLS delivers fast, effective support when communities need it most, empowering survivors to rebuild their lives.

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