Training to Meet the Legal Needs of Disaster Victims VSB Emergency Legal Services Committee & VBA Disaster Legal Assistance Committee

Seminar Outline History of Program History of Program How the Program Functions How the Program Functions The Role of Volunteer Lawyers The Role of Volunteer Lawyers Legal Issues Raised in Disasters Legal Issues Raised in Disasters

The Virginia Program Volunteer Driven Volunteer Driven Joint Effort of VSB and VBA Joint Effort of VSB and VBA Coordinates with State and Federal Agencies Coordinates with State and Federal Agencies

Typical Response Triggers Floods Floods Hurricanes Hurricanes Tornadoes Tornadoes Terrorism Terrorism

Disaster Declaration Process Disaster Incident Disaster Incident Private & Local Government Response Private & Local Government Response State Response: Declaration of Emergency State Response: Declaration of Emergency Federal Response: Declaration of Major Disaster Federal Response: Declaration of Major Disaster Disaster Programs Implemented/Disaster Recovery Centers Set Up Disaster Programs Implemented/Disaster Recovery Centers Set Up

Legal Services Response Monitor Potential Disaster Monitor Potential Disaster Coordinate Preparation with State Agencies (VSB and Va. Dept. of Emergency Management) Coordinate Preparation with State Agencies (VSB and Va. Dept. of Emergency Management) Advance Solicitation of Assistance with Trained Lawyer Volunteers Advance Solicitation of Assistance with Trained Lawyer Volunteers Before or After Disaster Strikes, Obtain Approval to Activate Pro Bono Services Before or After Disaster Strikes, Obtain Approval to Activate Pro Bono Services Provide Assistance at DRCs and/or through the VSB Virginia Lawyer Referral Service Provide Assistance at DRCs and/or through the VSB Virginia Lawyer Referral Service

How Assistance Provided Conflicts Check Conflicts Check Client Interview Client Interview Determine Legal Issues Involved Determine Legal Issues Involved Provide Guidance/Legal Advice (or Seek Assistance) Provide Guidance/Legal Advice (or Seek Assistance) Initiate Adversary Proceedings Initiate Adversary Proceedings

Cases NOT Handled Claim against federal, state or local governmental entity Claim against federal, state or local governmental entity “Fee Generating” Case “Fee Generating” Case

Examples of How Program Works Tropical Depression Gaston Tropical Depression Gaston Hurricane Katrina Hurricane Katrina

Typical Issues Dealt With by Lawyer Volunteers Insurance Questions Insurance Questions Landlord-Tenant/Housing Problems Landlord-Tenant/Housing Problems Home Repair Contracts Home Repair Contracts Consumer Protection Issues Consumer Protection Issues Mortgage Foreclosures Mortgage Foreclosures Replacement of Important Documents Replacement of Important Documents Estate Administration Estate Administration Emotional Issues Emotional Issues

Consumer Law Issues Educating clients about avoiding scams and choosing reputable people to perform work Educating clients about avoiding scams and choosing reputable people to perform work Negotiating with creditors, financial institutions and collection agencies about extensions of payments Negotiating with creditors, financial institutions and collection agencies about extensions of payments Advising clients on rights concerning consumer contracts and collection agency activities Advising clients on rights concerning consumer contracts and collection agency activities

Consumer Law Tool Box Division of Consumer Affairs Division of Consumer Affairs Virginia Attorney General Virginia Attorney General Virginia Consumer Protection Act, Virginia Code et seq. (misrepresentation) Virginia Consumer Protection Act, Virginia Code et seq. (misrepresentation) Home Solicitation Sales Act, Virginia Code et seq. (cancellation right) Home Solicitation Sales Act, Virginia Code et seq. (cancellation right) Contractor Transaction Recovery Act, Virginia Code et seq. Contractor Transaction Recovery Act, Virginia Code et seq.

Insurance Law Issues General Principles General Principles Rights and Duties of Insured Rights and Duties of Insured Rights and Duties of Insurer Rights and Duties of Insurer Helpful Documents Helpful Documents Typical Questions (and Answers) Typical Questions (and Answers)

Insurance Law: General Principles Construe policy as a whole Construe policy as a whole Construe policy against insurer Construe policy against insurer Construe policy liberally in favor of coverage Construe policy liberally in favor of coverage Court bound to apply terms of policy if clear, unambiguous and not contrary to law or public policy Court bound to apply terms of policy if clear, unambiguous and not contrary to law or public policy

Rights and Duties of Insured Right to Indemnification from Insurer Right to Indemnification from Insurer Duty to Provide Accurate/Complete Information Duty to Provide Accurate/Complete Information Duty to Provide Notice of “Occurrence” or Claim within a Reasonable Time Duty to Provide Notice of “Occurrence” or Claim within a Reasonable Time Duty to Cooperate with Insurer (Submit Proof of Loss, Examination Under Oath) Duty to Cooperate with Insurer (Submit Proof of Loss, Examination Under Oath)

Rights and Duties of Insurer Duty to Indemnify Insured Duty to Indemnify Insured Right/Duty to investigate Claim Right/Duty to investigate Claim Duty to Defend Insured (But: may do so under a reservation of rights) Duty to Defend Insured (But: may do so under a reservation of rights) Right (Usually) to Negotiate Settlement Right (Usually) to Negotiate Settlement Duty to Act in Good Faith Duty to Act in Good Faith

What You Want to Review Declarations Page/Face Sheet (Basic Info) Declarations Page/Face Sheet (Basic Info) Policy Policy Insuring Agreement (who/how) Insuring Agreement (who/how) Conditions Conditions Exclusions Exclusions Endorsements Endorsements Limitations Period Limitations Period

Help! I Lost My Policy! If the policy was lost or destroyed, contact the agent or the insurer for a copy If the policy was lost or destroyed, contact the agent or the insurer for a copy If cannot recall name of company, check with mortgage company or other lienholders If cannot recall name of company, check with mortgage company or other lienholders

Exam Time: Insurance 101

Landlord-Tenant Law

Checklist of Issues to Consider Review Lease Provisions Review Lease Provisions Compare Lease Provisions with Virginia Code Compare Lease Provisions with Virginia Code Verify Nature/Term of Lease Verify Nature/Term of Lease Determine Whether Renter’s Insurance Exists Determine Whether Renter’s Insurance Exists Document Damage to Premises Document Damage to Premises Involve Government Inspectors Involve Government Inspectors

Caution in Dealing with Landlord Insure that “tenants” are in fact tenants under lease Insure that “tenants” are in fact tenants under lease Pre-disaster issues (behind in rent payments, pets, eviction proceeding, etc.) Pre-disaster issues (behind in rent payments, pets, eviction proceeding, etc.)

Do I Have to Continue to Pay Rent? Generally, no. However, determination usually based on extent of damage to premises and ability to reside in apartment (including while repairs are done).

Probate Law Basics What is Probate? Court supervised administration of an estate. What is Probate? Court supervised administration of an estate. Where does Probate Take Place? Circuit court where decedent last resided. Where does Probate Take Place? Circuit court where decedent last resided. Ways to probate: (1) testate (with a will), and (2) intestate (without a will) Ways to probate: (1) testate (with a will), and (2) intestate (without a will)

Testate/Will Issues Decedent must have a valid will Decedent must have a valid will Will must be authenticated. Self-proving if notarized or must find witness to will. Will must be authenticated. Self-proving if notarized or must find witness to will. Must have death certificate Must have death certificate Check who executor is or get administrator appointed by court. Check who executor is or get administrator appointed by court.

Executor in a Nutshell Gathers assets of estate Gathers assets of estate Creates list of intangible, real and personal property Creates list of intangible, real and personal property Files documents with court: testate memorandum (info sheet), probate tax return form, list of heirs, bond Files documents with court: testate memorandum (info sheet), probate tax return form, list of heirs, bond After probate, executor has (1) to advise heirs of possible interest, and (2) to file inventory with the commissioner of accounts. After probate, executor has (1) to advise heirs of possible interest, and (2) to file inventory with the commissioner of accounts.

Will Questions What do I do if there are two valid wills with different dates? What do I do if there are two valid wills with different dates? What if a person made a holographic will? What if a person made a holographic will? What of I only have a copy of a will and the original is lost? What of I only have a copy of a will and the original is lost?

Lost Documents

Questions and Answers