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.
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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