Disaster Legal Services in Tennessee Flood/Storms of May 2010

1. Disaster Legal Services in Tennessee Flood/Storms of May 2010

2. May 2010 Floods • The May 2010 Tennessee floods occured in Middle and West Tennessee, South Central and Western Kentucky and northern Mississippi as the result of torrential rains on May 1 and 2, 2010. • Floods from these rains affected the area for several days afterwards, resulting in a number of deaths and widespread property damage

3. May 2010 Floods • Rain totals in some areas were greater than 14-22 inches. The Cumberland River crested at 51.86 feet in Nashville. All-time record crests were observed on the Cumberland River at Clarksville the Duck River at Centerville and Hurricane Mills, the Buffalo River at Lobelville, the Harpeth River at Kingston Springs and Bellevue, and the Red River at Port Royal.

4. May 2010 Floods • Flood waters reached places in Tennessee that have never been flooded since there has been recorded history in the area. • Many do not have flood insurance to cover damage cover by ground water.

5. Disaster – Phase I - Response • Immediately following a disaster - Survivors need to: • Be safe and out of danger • Attend to immediate medical/physical/emotional needs • Find temporary shelter • Ascertain safety of family, friends, pets • Determine losses (home, auto, job, etc.) • Can take anywhere from 1 day to several weeks

6. Disaster – Phase II – Short Term Recovery • Goals for Helping Survivors: • Protect their shelter & housing rights • Reestablish lost income & protect employment rights • Gain access to federal and state disaster assistance • Maximize any private insurance available. • Can begin within a week after disaster, can go on for up to a month. • Need for Legal Services

7. Disaster – Phase III – Long Term Recovery/Rebuild • Help Survivors with Housing: • Homeowners: buy out? rebuild? Future floods? What are building standards? Foreclosure? • Renters – liveability? landlord response? Future floods? • Protect Against Fraud • Maximize Insurance/Federal Benefits • Assist with document replacement/POA/ wills • Manage Ongoing Legal Needs

8. Disaster Response Infrastructure - Government • Local & County Emergency Management Agencies (EMAs) • Tennessee Emergency Management Agency (TEMA) regional offices – East, West, Middle • TEMA • Federal Emergency Management Agency

9. DLS Partners

10. Disaster Response Infrastructure – Legal Services • ABA/YLD & FEMA – Memorandum of Understanding • Tennessee Bar Association – State co-coordinator • Recruitment of volunteer attorneys • Publicity/marketing • Training of attorneys • State VOAD/DLS • TALS – State co-coordinator – State co-coordinator • Disaster Legal Services (DLS) Hotline coordinator • Publicity/marketing • Training and support of legal service providers • Coordination of pro bono programs • Reporting to FEMA & ABA/YLD • State VOAD/DLS

11. Legal cont’d • Legal Aid Providers • Placement of cases with local pro bono attorneys • Clinics & Neighborhood Meetings • Limited Case Handling • Local Bars • Assist with pro bono recruitment • placement of fee-generating cases • Local VOAD/DLS • Other Agencies • Tennessee Association for Justice • Tennessee Justice Center • Disability Law & Advocacy Center

12. Tennessee Structure Flow of Information During a Disaster

13. Disaster Response – Local Programs • FEMA/TEMA efforts: • VOAD – Volunteer Organizations Assisting in a Disaster • Disaster Application & Disaster Recovery Centers (DACs & DRCs) – only activated in a disaster • Local Non-profits: • Red Cross • United Way • Other disaster agencies • Long-Term Recovery Committees

14. TALS Disaster Response • Appropriate legal services include: • Volunteer attorney staffing at local Disaster Application or Recovery Centers, if applicable; • Hotline telephone assistance and referrals; • Voluntary lawyer services for individual cases; • Referrals to bar association lawyer referral services; and • Any legal services you normally provide as a legal service agency.

15. Common Legal Issues • Securing government benefits available to disaster victims – FEMA; Small Business Administration • Assisting with filing life, medical and property insurance claims • Dealing with home repair contracts and contractors • Replacing missing or destroyed wills and other legal documents • Dealing with consumer protection matters, remedies and procedures • Counseling on mortgage-foreclosure problems • Counseling on landlord/tenant problems

16. Major Sources of Monetary Help for Flood Victims • Insurance • FEMA • Small Business Administration Loans • Charitable • Volunteer • “Gap” Funding – Metro Program: “We Are Home” Program

17. Disaster Legal Services • Tennessee DLS Hotline: • 1-888-395-9297 (M-F, 9-5 CDT) • Facebook Group Page: • Disaster Legal Services in Tennessee • Contact: Erik Cole • (615) 627-0956 ext. 23 • ecole@tals.org • www.tals.org

18. Useful Links • Metro Flood Site • http://www.nashvillerecovery.com/index.asp • TBA Flood Site • http://www.tba.org/volunteer/ • TALS • www.tals.org • TN Disaster Legal Assistance Manual • http://www.tba.org/YLD/disaster_manual.pdf • DLAC Flood Guidehttp://www.tba.org/volunteer/floodguide_051010.pdf

19. Useful Links • FEMA • www.fema.gov • TEMA • www.tnema.org • Local Firm FAQs & Blogs • http://nashvillefloodhelp.blogspot.com/ • http://www.babc.com/flood-relief-update-05-05-2010/ • http://walleraid.squarespace.com/ • TALS Disaster Response Working Group (listserv) • tals_disaster@lists.tals.org