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Task Force on Disaster Planning
New Jersey State Bar Association
Task Force on Disaster Planning
2007-2008
 
Disaster Planning
This document was developed adapting materials from The Essential Formbook: Comprehensive Management Tools for Lawyers, Volume IV: Disaster Planning and Recovery/Risk Management and Professional Liability Insurance, by Gary A. Munneke and Anthony E. Davis, a publication of the American Bar Association Law Practice Management Section. Copyright 2004 American Bar Association. www.lawpractice.org/catalog/511-0424V4

The New Jersey State Bar Association gratefully acknowledges the work of the co-chairs to the NJSBA Task Force on Disaster Planning for their efforts in developing this manual.

 
Task Force on Disaster Planning
Kevin P. McCann, Esq. and Brian S. Montag, Esq., Co-Chairs.
 
Disaster Planning Guide PDF - Click here to download
 
 
Dear Colleague:

We are pleased to present this disaster planning guide to you with the hope of stimulating thinking about preparing for the unknown. We all lived through the terrible days of 9/11. In 2005, we watched the news coverage of Hurricane Katrina, and later learned about the terrible impact that disaster had on the legal system. When I visited the affected area nearly seven months later, thousands of lawyers were still not back to their practices, there still had not been a criminal trial since the hurricane hit, and clients were left in legal limbo because their records and documents were lost.

While it is human nature to move on with your life as things quiet down in the aftermath of such difficult events, we must learn from these experiences and do what we can to prepare for such contingencies in the future. In the dangerous and complex world we live in, there are many other scenarios which represent significant risks and could have an equally detrimental affect on you, your practice, your clients, and our system of justice. It is not always a major disaster that creates such problems. We all recall recent events in New Jersey where there has been flooding in various parts of the state, fires in law offices, power outages and even a state government shutdown. We must be prepared to face even these smaller scale disasters and help ensure that our practices continue.

For this reason, one of my primary initiatives as president of the New Jersey State Bar Association was to appoint a task force on disaster planning to address what I sense as dangerous complacency by us in the legal profession in New Jersey and our surrounding states. This guide represents the first fruits of the task force, but certainly not the last. I urge you to begin your disaster planning with this document. Reach out to other resources where necessary. Finally, check the NJSBA website, www.njsba.com, frequently for updates and new resources to assist you in this process and preparation. Hopefully, you will never need the documents you prepare as a result of this exercise, but if you do, I can guarantee you will appreciate the benefit of them. I very much appreciate the efforts of co-chairs Brian Montag and Kevin McCann for leading the efforts of the Task Force on Disaster Planning, and thank them and their members for this excellent beginning.

Wayne J. Positan
President 2006-2007
New Jersey State Bar Association

 
What to do Now
  1. Form a disaster team, consisting of those individuals who will be taking charge in the event of a disaster. Designate one person to be in command in the event of a disaster and designate an alternate. Determine what each person on the disaster team will be responsible for - i.e., section of a building, department, contacting staff, contacting clients, recovering documents, etc.

  2. Evaluate potential hazards and minimize risk. Evaluate the potential hazards for which you are at risk, such as fire, terrorism, inclement weather, energy/power interruption, or other natural disasters, such as hurricane, flood or earthquake. Take steps to minimize damage associated with such disasters, such as purchasing fire and water proof filing cabinets, ensuring there are alternative power sources or at least flashlights or other battery-powered necessities available, etc. Also examine your office space, building and grounds and address any foundation cracks, electrical hazards, roof leaks, plumbing problems, etc. Finally, conduct a fire safety evaluation, make sure all sprinkler and alarm systems are working properly and all important documents are in fireproof cabinets. Conduct these evaluations at least annually.

  3. Identify potential consequences of a disaster and work to address them. In addition to personal injury and safety issues, you need to plan for business interruption/economic issues as a result of any disaster. Think about how long you can sustain your practice in light of each potential disaster, what are the consequences of a potential loss of client base, how difficult would it be to move your office, temporarily or permanently. If possible, you should make arrangements for alternative work space in advance of actually needing it (see #4 below). Make sure enough funding is accessible to sustain your business for a particular period of time, including enough petty cash in case banks are temporarily inaccessible.

  4. Establish potential alternate work locations. Think about where an alternate work location should be established - in another county or region of the state. Establish a plan to let employees know where the alternate work location is and how and when they are expected to report there. Determine in advance if the designated alternate work locations can be made permanent if necessary. If the alternate location is only temporary, determine in advance what the limitations are - how long can you stay, what is the cost, etc.

  5. Review all of your insurance policies. Make sure "acts of God" are covered and the amount of insurance coverage is adequate to meet your needs in the event of a worst case scenario.

  6. Create an inventory list of all office supplies and other valuables. Photograph, videotape or computer scan as necessary. Store copies of all lists, photos, videos, etc. off-site.

  7. Protect your data. Establish a back-up routine to back-up all computer files on a regular basis. Determine what should be backed up and how long it should be maintained. Store the back-up files off-site and establish a procedure for obtaining them in case of an emergency.

  8. Prepare staff contact lists in case of emergency, including cell phone numbers and pager numbers. Distribute to appropriate staff.

  9. Develop evacuation routes. Distribute to all staff and post in appropriate places around your building.

  10. Prepare an emergency equipment list, including locations of equipment and attaching floor plans, as well as emergency kits. The list should include the location of such things as utility cut-off switches and fire extinguishers. Each emergency kit should include supplies like flashlights, batteries, battery-operated radios, tool kits, portable fans, rubber boots, gloves, etc. The kits should be checked periodically to ensure everything is working properly.

  11. Prepare a formal Disaster Plan Document (a sample is attached), detailing all of the information needed in case of a disaster. Keep adequate copies of the plan on -site, as well as at least one copy off-site.

  12. Advise all staff of disaster preparedness plans.

  13. Schedule routine meetings of the disaster team to monitor and update disaster planning activities as necessary.
Sample Disaster Plan Document
(1) Disaster Team

Name Office
Phone
Number
Home
Phone
Number
Cell
Phone
Number
Pager Area of
Responsibility
Person in Command          
Alternate in Command          
           
           

(2) Evacuation Plan

Attach a copy of plan and a list of all staff to be accounted for.

Person in charge of evacuation


Warning System


Assembly Site


Alternate Site


(3) Known Persons in Need of Special Assistance

Name of Person Location Type of Assistance Required Person Responsible for Providing Assistance
       
       

(4) Alternative Work Location

 

(5) List of Critical Functions (in order of importance)

Function Timeframe for Restoration Alternatives Until Restored Responsible Person
       
       
       

(6) Crucial Contacts

Vendor Service Provided Contact Person and Info
     
     
     

(7) Access to Restricted Areas

Area Person with Access/Location of Access Info Contact Info
     
     
     

(8) Critical Documents

Document Location Location of Copies Issuing Organization/Contact
Incorporation Papers      
Contracts      
Partnership Agreements      
Stocks/Bonds      
Insurance Policies      
Bank Account Info      
Accounting Records      
Computer Back-Ups      
Equipment Inventory      
Deeds      
Leases      
Wills      
Client Lists      
Client Records      

(9) Insurance Information

Policy Type Policy Number Agent Contact Info
       
       
       

(10) Contacting Staff

Location of Telephone Tree


Emergency Website


Person Responsible for Updating


(11) Services Needed in Emergency

Service Contact Info
In-House Security  
Fire  
Police  
Poison Control  
Ambulance  
Insurance Company  
Computer Recovery Service  
Document Recovery Service  
Electrician  
Plumber  
Carpenter  
Exterminator  
Fumigation Service  
Locksmith  
Utility Companies
  Electric
  Gas
  Telephone
  Water
 
Website Coordinator  
Other  

(12) Media Relations

Designated Spokesperson


(13) Local Individual Support Resources

NJ Lawyers Assistance Program                800-246-5527


Red Cross


County Office of Emergency Management


United Way


County Mental Health Crisis Hotline


County Referral Services


Other local services likely to offer assistance






(14) Other

 

Task Force on Disaster Planning

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