Training to Meet the Legal Training to Meet the Legal Needs of Disaster VictimsNeeds of Disaster Victims

VSB Emergency Legal Services VSB Emergency Legal Services Committee &Committee &

VBA Disaster Legal Assistance VBA Disaster Legal Assistance CommitteeCommittee

Seminar OutlineSeminar Outline

History of ProgramHistory of Program

How the Program FunctionsHow the Program Functions

The Role of Volunteer LawyersThe Role of Volunteer Lawyers

Legal Issues Raised in DisastersLegal Issues Raised in Disasters

The Virginia ProgramThe Virginia Program

Volunteer DrivenVolunteer Driven

Joint Effort of VSB and VBAJoint Effort of VSB and VBA

Coordinates with State and Federal Coordinates with State and Federal AgenciesAgencies

Typical Response TriggersTypical Response Triggers

FloodsFloods

HurricanesHurricanes

TornadoesTornadoes

TerrorismTerrorism

Disaster Declaration ProcessDisaster Declaration Process

Disaster IncidentDisaster Incident Private & Local Government ResponsePrivate & Local Government Response State Response: Declaration of State Response: Declaration of

EmergencyEmergency Federal Response: Declaration of Major Federal Response: Declaration of Major

DisasterDisaster Disaster Programs Implemented/Disaster Disaster Programs Implemented/Disaster

Recovery Centers Set Up Recovery Centers Set Up

Legal Services ResponseLegal Services Response

Monitor Potential Disaster Monitor Potential Disaster Coordinate Preparation with State Coordinate Preparation with State

Agencies (VSB and Va. Dept. of Emergency Agencies (VSB and Va. Dept. of Emergency Management)Management)

Advance Solicitation of Assistance with Advance Solicitation of Assistance with Trained Lawyer VolunteersTrained Lawyer Volunteers

Before or After Disaster Strikes, Obtain Before or After Disaster Strikes, Obtain Approval to Activate Approval to Activate Pro BonoPro Bono Services Services

Provide Assistance at DRCs and/or through Provide Assistance at DRCs and/or through the VSB Virginia Lawyer Referral Servicethe VSB Virginia Lawyer Referral Service

How Assistance ProvidedHow Assistance Provided

Conflicts CheckConflicts Check Client InterviewClient Interview Determine Legal Issues InvolvedDetermine Legal Issues Involved Provide Guidance/Legal Advice (or Provide Guidance/Legal Advice (or

Seek Assistance)Seek Assistance) Initiate Adversary ProceedingsInitiate Adversary Proceedings

Cases NOT HandledCases NOT Handled

Claim against federal, state or local Claim against federal, state or local governmental entitygovernmental entity

““Fee Generating” CaseFee Generating” Case

Examples of How Program Examples of How Program WorksWorks

Tropical Depression GastonTropical Depression Gaston

Hurricane KatrinaHurricane Katrina

Typical Issues Dealt With by Typical Issues Dealt With by Lawyer VolunteersLawyer Volunteers

Insurance QuestionsInsurance Questions Landlord-Tenant/Housing Problems Landlord-Tenant/Housing Problems Home Repair ContractsHome Repair Contracts Consumer Protection IssuesConsumer Protection Issues Mortgage ForeclosuresMortgage Foreclosures Replacement of Important DocumentsReplacement of Important Documents Estate AdministrationEstate Administration Emotional IssuesEmotional Issues

Consumer Law IssuesConsumer Law Issues

Educating clients about avoiding scams Educating clients about avoiding scams and choosing reputable people to perform and choosing reputable people to perform workwork

Negotiating with creditors, financial Negotiating with creditors, financial institutions and collection agencies about institutions and collection agencies about extensions of paymentsextensions of payments

Advising clients on rights concerning Advising clients on rights concerning consumer contracts and collection agency consumer contracts and collection agency activitiesactivities

Consumer Law Tool BoxConsumer Law Tool Box

Division of Consumer Affairs Division of Consumer Affairs Virginia Attorney GeneralVirginia Attorney General Virginia Consumer Protection Act, Virginia Consumer Protection Act, Virginia Virginia

CodeCode 59.1-196 59.1-196 et seq. et seq. (misrepresentation)(misrepresentation)

Home Solicitation Sales Act, Home Solicitation Sales Act, Virginia CodeVirginia Code 59.1-21.1 59.1-21.1 et seq. et seq. (cancellation right)(cancellation right)

Contractor Transaction Recovery Act, Contractor Transaction Recovery Act, Virginia CodeVirginia Code 54.1-1100 54.1-1100 et seq.et seq.

Insurance Law IssuesInsurance Law Issues

General PrinciplesGeneral Principles Rights and Duties of InsuredRights and Duties of Insured Rights and Duties of InsurerRights and Duties of Insurer Helpful DocumentsHelpful Documents Typical Questions (and Answers)Typical Questions (and Answers)

Insurance Law: General Insurance Law: General PrinciplesPrinciples

Construe policy as a wholeConstrue policy as a whole Construe policy against insurerConstrue policy against insurer Construe policy liberally in favor of Construe policy liberally in favor of

coveragecoverage Court bound to apply terms of policy Court bound to apply terms of policy

if clear, unambiguous and not if clear, unambiguous and not contrary to law or public policycontrary to law or public policy

Rights and Duties of InsuredRights and Duties of Insured

Right to Indemnification from InsurerRight to Indemnification from Insurer Duty to Provide Accurate/Complete Duty to Provide Accurate/Complete

InformationInformation Duty to Provide Notice of “Occurrence” Duty to Provide Notice of “Occurrence”

or Claim within a Reasonable Timeor Claim within a Reasonable Time Duty to Cooperate with Insurer (Submit Duty to Cooperate with Insurer (Submit

Proof of Loss, Examination Under Oath)Proof of Loss, Examination Under Oath)

Rights and Duties of InsurerRights and Duties of Insurer

Duty to Indemnify InsuredDuty to Indemnify Insured Right/Duty to investigate ClaimRight/Duty to investigate Claim Duty to Defend Insured (But: may do Duty to Defend Insured (But: may do

so under a reservation of rights)so under a reservation of rights) Right (Usually) to Negotiate Right (Usually) to Negotiate

SettlementSettlement Duty to Act in Good FaithDuty to Act in Good Faith

What You Want to ReviewWhat You Want to Review

Declarations Page/Face Sheet (Basic Declarations Page/Face Sheet (Basic Info)Info)

PolicyPolicy Insuring Agreement (who/how)Insuring Agreement (who/how) ConditionsConditions ExclusionsExclusions EndorsementsEndorsements

Limitations PeriodLimitations Period

Help! I Lost My Policy!Help! I Lost My Policy!

If the policy was lost or destroyed, If the policy was lost or destroyed, contact the agent or the insurer for a contact the agent or the insurer for a copycopy

If cannot recall name of company, If cannot recall name of company, check with mortgage company or check with mortgage company or other lienholdersother lienholders

Exam Time: Insurance 101Exam Time: Insurance 101

Landlord-Tenant LawLandlord-Tenant Law

Checklist of Issues to Checklist of Issues to ConsiderConsider

Review Lease ProvisionsReview Lease Provisions Compare Lease Provisions with Compare Lease Provisions with

Virginia CodeVirginia Code Verify Nature/Term of LeaseVerify Nature/Term of Lease Determine Whether Renter’s Determine Whether Renter’s

Insurance ExistsInsurance Exists Document Damage to Premises Document Damage to Premises Involve Government InspectorsInvolve Government Inspectors

Caution in Dealing with Caution in Dealing with LandlordLandlord

Insure that “tenants” are in fact Insure that “tenants” are in fact tenants under leasetenants under lease

Pre-disaster issues (behind in rent Pre-disaster issues (behind in rent payments, pets, eviction proceeding, payments, pets, eviction proceeding, etc.)etc.)

Do I Have to Continue to Pay Do I Have to Continue to Pay Rent?Rent?

Generally, no. However, Generally, no. However, determination usually based on determination usually based on extent of damage to premises and extent of damage to premises and ability to reside in apartment ability to reside in apartment (including while repairs are done). (including while repairs are done).

Probate Law BasicsProbate Law Basics

What is Probate? Court supervised What is Probate? Court supervised administration of an estate.administration of an estate.

Where does Probate Take Place? Where does Probate Take Place? Circuit court where decedent last Circuit court where decedent last resided.resided.

Ways to probate: (1) testate (with a Ways to probate: (1) testate (with a will), and (2) intestate (without a will)will), and (2) intestate (without a will)

Testate/Will IssuesTestate/Will Issues

Decedent must have a valid willDecedent must have a valid will Will must be authenticated. Self-Will must be authenticated. Self-

proving if notarized or must find proving if notarized or must find witness to will.witness to will.

Must have death certificateMust have death certificate Check who executor is or get Check who executor is or get

administrator appointed by court.administrator appointed by court.

Executor in a NutshellExecutor in a Nutshell

Gathers assets of estateGathers assets of estate Creates list of intangible, real and personal Creates list of intangible, real and personal

propertyproperty Files documents with court: testate Files documents with court: testate

memorandum (info sheet), probate tax memorandum (info sheet), probate tax return form, list of heirs, bondreturn form, list of heirs, bond

After probate, executor has (1) to advise After probate, executor has (1) to advise heirs of possible interest, and (2) to file heirs of possible interest, and (2) to file inventory with the commissioner of inventory with the commissioner of accounts.accounts.

Will QuestionsWill Questions

What do I do if there are two valid wills What do I do if there are two valid wills with different dates?with different dates?

What if a person made a holographic What if a person made a holographic will?will?

What of I only have a copy of a will What of I only have a copy of a will and the original is lost?and the original is lost?

Lost DocumentsLost Documents

Questions and AnswersQuestions and Answers