What to Do If a Disaster Forces Closure of Your Law Office
With the frequency of disasters ever increasing we all know that disasters strike unexpectedly. Whether it’s a fire, flood, cyberattack, or natural catastrophe, law firms are not immune. In the face of such an event, your response in the first few hours and days can determine the survival of your practice and the protection of your clients’ interests. Planning ahead and acting swiftly can turn a crisis into a demonstration of resilience. Hopefully you have created a disaster plan to follow. Plan for the worse and hope for the best.
Now is the time to build (or update) a Law Office Disaster Plan that includes:
– Emergency contact lists
– Data recovery procedures
– Alternate office locations
– Delegation of authority if you’re unavailable
Many bar associations offer templates and checklists for disaster planning. Don’t wait for the next crisis—be proactive.
Here’s a practical, ethical, and legal roadmap for what to do if a disaster forces you to shut down your law office, temporarily or permanently.
Step 1: Prioritize Safety
Above all else, protect human life.
– Evacuate staff and visitors if the disaster is on-site.
– Follow emergency instructions from first responders or government agencies.
– Do not reenter a damaged building until it has been declared safe.
Step 2: Notify Key Parties
Insurance Providers
Immediately contact:
– Your business owners coverage insurer (BOP) for property and business interruption coverage
– Your flood insurer (if any)
– Your legal malpractice insurer (LPL)
Early notice helps preserve your coverage and allows for rapid claims processing.
Clients
As soon as practical, notify active clients:
– Inform them of any delays or changes to representation.
– Provide alternate contact information and expected timelines.
– Reassure them of your continued advocacy.
If you cannot operate at all, consider arranging for temporary counsel or referral.
Vendors/Providers
– Notify telecommunications providers
– Notify financial institutions/credit providers of temporary addresses (if applicable)
– Notify other service providers
Step 3: Secure Client Data and Records
Ethical duties do not pause during emergencies. ABA Model Rule 1.6 (Confidentiality) and Rule 1.15 (Safekeeping Property) still apply.
Take action to:
– Back up digital files from cloud-based systems or off-site backups.
– Retrieve physical files if the building is safe to enter—or arrange secure transfer.
– Maintain chain of custody for evidence and original documents.
If client trust funds are involved, immediately contact your financial institution to secure the account.
Step 4: Assess Your Operational Status
Can you work remotely? Can the office be restored? Ask:
– Is your practice management system cloud-based?
– Can phones be rerouted?
– Are staff equipped for remote work?
If operations must pause, prepare notices for courts, clients, and opposing counsel.
Step 5: Fulfill Legal and Ethical Duties
Notify:
– Courts and administrative agencies about upcoming hearings and deadlines.
– The State Bar or other licensing authority, if required.
– Your malpractice insurer (LPL) of any missed deadlines or potential claims.
Consider:
– Filing for extensions.
– Appointing successor counsel if you’re unable to continue.
– Keeping a disaster log to document your actions and protect against future liability.
Step 6: Develop a Recovery or Transition Plan
Depending on the scope of the disaster, decide whether to:
– Restore and reopen your law office,
– Transition to a fully virtual practice, or
– Wind down your practice entirely.
If closing permanently:
– Follow state-specific procedures for client file retention and notice.
– Return unearned fees and client property.
– Maintain malpractice insurance tail coverage.
Contact L Squared About Insurance Needs
Contact Me Today
Lee Norcross, MBA, CPCU
California License # 0D87292
L Squared Insurance Agency, LLC ® DBA in California as L2 L Squared Insurance Agency, License # 0L93416
Managing Director, CEO
Lee@L2Ins.com
616-726-7080
