Shirley Peng August 6, 2015

Things to think about… 1) Safety Plan 2) Evacuation Routes 3) Inventory 4) Shoes 5) Cases  CA/Retainer/Important docs uploaded  Passwords  Contacts  Don’t wait until the last minute

ABA Model Rule 1.3 AND Nebraska Rule : A lawyer shall act with reasonable diligence and promptness in representing a client. Comment [3] Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer's trustworthiness. A lawyer's duty to act with reasonable promptness, however, does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client.

In the event of a disaster, what should we do? 1) Determine the extent of the disaster 2) Evacuate the office if necessary  Be aware of sensitive client information – files, computer, etc. 3) Clients or employees with disabilities 4) Pre-determined meeting site 5) Call for emergency services 6) Get a headcount, assist the injured, track the missing, account for fatalities 7) Notify families 8) Locate recovery site (temporary office)

ABA Rule 1.6 and Nebraska Rule : (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Nebraska Comment [16] When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule. ABA Comment [19] adds: Whether a lawyer may be required to take additional steps in order to comply with other law, such as state and federal laws that govern data privacy, is beyond the scope of these Rules.

1) Secure the premises  Replace doors, windows, barriers to keep unauthorized people out 2) Assess damage to client documents and files  Begin recovery efforts immediately  IT recovery – do we have a “process plan” to reconstruct our IT system? 3) Take photos of damage  Try not to move anything 4) Contact insurance company  Assessor will come out and assess damage 5) Contact local emergency operations center  Register claim for relief

1) Review business insurance &meet with representative about coverage  Computer equipment, loss of income/extra expense, business interruption coverage  Discuss how to record and submit expense information for reimbursement  Understand how “loss of income” coverage is calculated 2) Set up disaster account codes in PIKA  Distinguish disaster purchases and expenses from normal operating expenses.  Expenses: overtime, special supplies/materials, temporary personnel 3) Contact banks  Request replacement checks, deposit books, copies of prior bank statements if needed  Make sure trust account documents are recovered or replaced  Determine any short-term cash flow needs, arrange with insurance or bank 4) Contact Payroll Service  Make sure payroll will not be interrupted and service has temporary address for delivery of checks

1) Telephone  Use cell phones – calling tree  Arrange for temp service, forwarding calls (voic s  s), fax, internet 2) Mail/Courier Services  If disaster widespread, postal service will be affected, check to see if anything has required deadline, ask for extensions if needed 3) Equipment & Office supplies  Contact vendors, replace computers, printers, fax, copier, network, cell phones, laptops 4) Office Supplies  Make sure payroll will not be interrupted and service has temporary address for delivery of checks

1) Contact all firm members and employees  Degree of damage to the office  When and where recovery site will be located to meet and begin recovery efforts 2) Communicate with clients  Inform clients of incident, degree of damage, impact on operations  Provide contact information and address of recovery site/temporary office  Give clients status report of any immediate critical dates/deadlines for meetings, hearings, etc. 3) Communicate with courts and other counsel  Reschedule meetings, hearings, court appearances if needed 4) Contact mail, courier services. vendors to re-direct mail to temporary location

ABA Rule 1.4 and Nebraska Rule (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

ABA Rule 1.4 and Nebraska Rule Comment [1] Reasonable communication between the lawyer and the client is necessary for the client effectively to participate in the representation. [7] In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interest or convenience or the interests or convenience of another person. Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client. Rule 3.4(c) directs compliance with such rules or orders.Rule 3.4(c)

ABA Rule 6.1: Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono public legal services per year. Nebraska Rule : A lawyer should aspire to render pro bono legal services. Both ABA and Nebraska Rules end with: In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

Both ABA Rule 6.1 and Nebraska Rule end with: In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. But, ABA comment[12] and Nebraska comment [9]: The responsibility set forth in this Rule is not intended to be enforced through disciplinary process.

Nebraska Rule :  (a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:  (1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and1.71.9(a)  (2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.Rule (a)  (b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.paragraph (a)(2)Rule 1.10

Rule 1.7: Conflict Of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.

Rule 1.9 (a): A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.  Rule 1.10: Imputation Of Conflicts Of Interest: General Rule  (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9.