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LA Fires,
Ethics/Professional Responsibility,
Civil Litigation

Jan. 16, 2025

Lawyers and disaster victims: Striking a balance between help and hype

In the aftermath of recent fires, disaster victims face a flood of lawyer advertisements and events, highlighting both the vital role attorneys play in pursuing justice and the need for ethical, transparent, and well-resourced legal representation to truly prioritize victims' interests.

Shant A. Karnikian

Managing Partner and Trial Attorney Kabateck LLP

Phone: (213) 217-5000

Email: sk@kbklawyers.com

Loyola Law School

Shant A. Karnikian is a Managing Partner and trial attorney with Kabateck LLP. His practice focuses on insurance bad faith, catastrophic personal injury, and consumer class actions.

Shutterstock

In the wake of the recent fires, victims are being inundated with messages from lawyers promising help. From multimillion-dollar ad campaigns to events claiming to provide "free" assistance, the legal community has stepped in, but not always in ways that prioritize victims' best interests. Some claim expertise in wildfire litigation or insurance disputes despite lacking the experience to handle such cases effectively. Others use misleading advertising to secure clients.

Yet, it's also important to recognize the vital role lawyers play in these moments. Disaster litigation is often one of the few avenues for victims to recover meaningful compensation. For many attorneys, this work is both a professional calling and an opportunity to make a tangible difference. Lawyers have the tools to hold negligent parties accountable, assist with complex insurance claims, and help rebuild lives. However, this work must be done ethically, transparently, and competently.

Competence, resources, and honesty are essential

Handling wildfire litigation and disaster-related insurance claims requires specialized knowledge and significant resources. These cases involve complex legal and procedural challenges, such as determining liability, calculating damages, and working with reluctant insurers. They are also driven by expert analysis, data collection, and investigative work--elements that can be prohibitively expensive for underfunded or understaffed firms.

Victims should ensure the lawyers they hire have the financial and organizational resources to litigate these cases effectively. Without proper funding and staffing, firms may be tempted to accept quick settlements rather than pursuing full compensation. It's equally critical that lawyers are transparent about their qualifications. A lack of direct experience doesn't preclude lawyers from providing valuable assistance, but they must approach these cases with humility and a willingness to collaborate with seasoned professionals.

The rise of mass marketing in disaster litigation

Social media is already flooded with messages from lawyers offering help, and television, radio, and billboards will soon follow. Many of these advertisements make bold promises but often lack substance. Some even list recovery ranges for victims--claims that are speculative at best. Determining compensation depends on numerous factors, such as the extent of property damage, the availability of insurance, and third-party liability. Offering recovery estimates at this stage is premature and risks creating false expectations.

Some firms use high-volume advertising to build massive inventories of cases, often funded by hedge funds or external financiers. These firms prioritize quick settlements over maximizing recovery, leaving victims shortchanged. Even more troubling, many firms sign clients only to refer them to others for a fee, often without the client's knowledge. Victims deserve better than to be treated as commodities.

The role of community events

Community events can provide victims with valuable resources and support after a disaster. When done properly, these gatherings offer critical information and empower victims to make informed decisions. However, they must be conducted transparently. Victims attending such events should ask questions to ensure the lawyers involved have the necessary experience, resources, and commitment to handle their case.

Local knowledge and ethical advertising

Local knowledge is another critical factor in disaster litigation. Firms that genuinely understand the impacted community are better equipped to address unique challenges like property valuation and environmental damage. Victims should verify whether a lawyer claiming to be "local" has meaningful ties to the area or is simply renting temporary office space.

The legal community must also confront the ethics of disaster advertising. Fear-based messaging, such as false deadlines, undermines trust in the profession. Misleading claims of expertise or unrealistic promises further erode confidence in the legal system. Lawyers should prioritize transparency in their communications, highlighting genuine qualifications and focusing on helping victims rather than manipulating them.

A call to action

Disaster litigation offers the legal profession an opportunity to make a meaningful difference--but only when done responsibly. For those entering this field, honesty about experience, collaboration with knowledgeable colleagues, and a genuine commitment to victims are essential. Lawyers must also ensure they have the funding and staff required to take these cases seriously and see them through to their fullest potential.

This work is about more than financial recovery. It's about rebuilding lives, restoring trust, and ensuring that those affected by tragedy receive the support they need. By holding ourselves to the highest ethical and professional standards, we can meet this challenge and demonstrate the best of what the legal community has to offer.

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