What to do after a disaster

by David J Bilinsky

I chew my nails and I twiddle my thumbs
I’m real nervous, but it sure is “fun”
Come on baby, drive me crazy
Goodness, gracious, great balls of fire!!

Written and performed by Jerry Lee Lewis

You are awakened by a ringing of a bell…coming out of the daze of deep sleep you grasp for the telephone….who would be calling at this bloomin’ hour? “Hello - yes this is Mr. I. B. Partner–what is that you said? My office is on fire????”

It is a fortunate fact that office disasters do not happen very often--but they do happen! When they do, they can have disastrous consequences. Moreover, disasters can take many forms– from fire or arson to earthquakes to disruption by riot or power outages or B&E’s. Or it could be something as simple as water from the floor above coming thru the ceiling and flooding your computers and files. The end result is basically the same–you now have to cope with a situation that can be unprecedented in the history of a practice.

OK, so what can you do today to be prepared for tomorrow? Here are tips that have been gleaned from those who have had to walk this particular path…

Assemble
How are you going to be able to round up the troops? Do you have a list of your staff and after-hour contact numbers stored at your home? First step will be to assemble the team and start to grapple with the situation. Where will you meet?

Communicate
How do you get your calls? Can you call-forward your number to a telephone answering service and at least continue to get messages from clients and others? How do you notify counsel on opposing matters? You may be able to arrange for your telephone company to bring your existing lines into your alternate space. Cell phones are going to be in short supply if the emergency is widespread.

Access
Depending on the nature of the disruption, you may be denied access to your office. Do you have off-site storage of accounting and computer data? Is your case management system backed up offsite? Can you access your limitation system and bring forward system? How about client lists and contact information?

Space
Can you arrange suitable alternate office space at a rate that is consistent with your reduced income? If you are insured, some costs will be recoverable, but make no mistake, your expenses are going to be high. Remember that alternate space may mean a few days to several months, and landlords are not accustomed to leasing out office space on a weekly or even monthly basis. You may need to look for a vacant house or other non-traditional space.

Computers
You may be able to recover data from hard drives but it is a risky business. It is preferable to have off-site backups. Thefts can be during office hours–do you challenge strangers in your office about why they are there?

Files
Smoke-damaged files can be recovered. But what would you do if all your files were destroyed? Corporate records? Wills? Litigation binders and original evidence? Valuable papers? Do you have any fire-proof filing cabinets? A vault? Some offices are starting to go to a “less-papered” office–where they scan in everything and store the data on the office network. This data is then duplicated or mirrored in an off-site storage system. This at least leaves you in a position to carry on in the event of a computer crash or fire. A suggestion is to bolt all bookcases and filing cabinets to the walls–which may prevent someone from being injured and from contents being spilled.

Counsel
If you have upcoming trials, mediations or hearings you are going to have to request adjournments and extensions of time to file documents and pleadings.

Insurance
Do you have valuable papers coverage including the cost to recreate client files? Contents at replacement cost? Have you updated the riders recently to cover new purchases such as laptops, cell phones or new computer systems? What about loss of income coverage? Do you have accounts receivable coverage, which includes unbilled time and disbursements (most don’t!). What about Commercial General Liability if a third-party suffered bodily injury or property damage? Jardine’s advises that most losses are theft-related–motherboards from computers, laptops, art, computer servers etc. Jardine’s also advises that you should have your policy written on an all-risks basis including earthquakes and floods. Furthermore you should have a “no-coinsurance clause”– meaning that there would be no penalty in the event that you are not insured to value. Call Colleen Henderson or Simone Vermette at 604.682.4211 for further information.

Contents
How will you prove what was in your office, from desks to artwork to furniture and books? Take a video camera and record everything in the office–and store the tape in a bank’s safety deposit box. Make it an annual task to do a new tape.

Time
In the future after the office is up and running you will be filing a claim with your insurer. How will you document the time spent recreating files? Or spent on other fire-related issues? Bring in a time and billing program at the outset and track all your time–regardless if it is billable or not.

Commitment
The troops are going to be looking to you for leadership. They will require emotional support and vision. Develop a disaster plan and keep a copy off-site.

With foresight and planning you will be able to minimize the disruption that will occur during a disaster. Certainly the time to think about these things is now and not when there is a whole lotta shakin’ going on!

David J Bilinsky is the practice management advisor at the Law Society of British Columbia. Email dbilinsky@lsbc.org

This article originally appeared in the February 2000 issue of BarTalk and is reproduced here with permission of both the author and the Canadian Bar Association, British Columbia Branch.