Attorneys reach clients, offer help, aim to avoid no-solicitation rules

Southern California attorneys are intensifying their efforts to connect with potential clients for lawsuits in the aftermath of the devastating wildfires. Many have offered informational meetings, others free food and even hotel beds, saying their aim is to help firefighters and victims.

They face the challenge of navigating strict state regulations that prohibit solicitation in the wake of disasters and other emergencies while ensuring that potential clients in desperate straits receive the attention they need. Several law firms have sent news releases about their expertise in fire litigation, most targeting other firms for collaboration.

"If clients do sign up now, it should be based on relationships they know and trust," said Ellen Kaufman Wolf, a partner and founder at Wolf Wallenstein PC in Los Angeles.

Wolf Wallenstein has partnered with Hahn & Hahn LLP to hold informational sessions for homeowners and business owners affected by the fires. The sessions will provide practical guidance to property owners from fire and insurance attorneys for recovery of their losses, according to an announcement released by the firms.

In a phone call before the first of three information sessions on Thursday, Wolf stressed that she would not be soliciting clients at the events.

"I am offering free legal services, and I will be accepting clients from the Eaton fire, but I am not soliciting clients tonight," Wolf said, adding that the same would be true for all three sessions. "I don't have engagement letters with me. I don't even have people to sign anybody up, nothing. That's not what this is for."

Wolf said she took up fire litigation after her home survived the Woolsey Fire in 2018. History repeated itself during the Palisades Fire, she said, where she had another residence that survived while others were destroyed.

"I thought, 'Well, this is crazy,'" she said. "And now I have the knowledge and the expertise because I've been through this, so I can help people just figure out what to do and where to put their feet and what's going to happen with the insurance and what does that process looks like. People aren't thinking about a lawsuit right now, and they probably don't need to be thinking about a lawsuit right this minute either."

Other attorneys providing assistance included Michael Alder of Alder Law PC and Gina M. Zapanta at Z.A. Law, who drew media attention this week by converting their shared offices in Valley Village into shelter and reserving hotel rooms for some 100 people.

In a phone call on Friday, Zapanta and Alder said while they are taking clients at this time and providing pro bono advice on how to navigate insurance, their relief efforts are not related to recruiting clients.

"Anything that we've published on Instagram or that you've seen out there - we're not charging or signing people up on the back end," Zapanta said.

"Our relief efforts are totally unrelated to business or trying to get business or anything like that," Alder said.

Attorneys with Hunton Andrews Kurth LLP published a series of blog posts following the fire outbreak designed to educate policyholders on the challenges of claim relief.

"We're in a triage mode right now," Hunton special counsel Scott P. DeVries said in a phone call on Friday. "This is not a matter of going out and trying to get business, which, frankly, I think any rational person would find repugnant."

Meanwhile, Mendez & Sanchez APC invited first responders and wildfire victims to enjoy complimentary In-N-Out Burger food at their Pasadena office Tuesday. The community outreach aimed to support those affected by the wildfires, the firm said.

Defense law firms have also offered assistance.

"Attorneys at Morrison Foerster are readying for the legal aftermath from the uncontrolled blaze and are standing by for pro bono projects," said Managing Partner Thomas T.H. Chou, vowing publicly to support the community during this critical time.

Statutes in place to protect potential litigants include California Rule of Professional Conduct 7.3, which expressly prohibits attorneys from engaging in solicitation of potential clients who have indicated their desire not to be contacted, as well as any communication methods that constitute intrusion, coercion, duress or harassment. The regulations further mandate that written communications offering legal services must be clearly identified as advertisements on the exterior of envelopes.

As wildfire lawsuits mount, the State Bar has created a hub for consumer assistance and resources, including tips for finding an attorney.

"The page also outlines key steps to avoid legal fraud during what can be an extremely difficult and trying time in people's lives," said Rick Coca, public information officer for the State Bar.

On Thursday morning, the State Bar distributed an all-license newsletter reiterating its guidelines for compliance with state limitation statutes. On Friday, the bar issued a fraud alert news release informing consumers of the statutes, urging them not to rush important legal decisions.

"The State Bar urges the public not to sign any legal agreements in haste, and to be particularly wary of any claims that immediate payment of legal fees or other costs are necessary to protect legal rights or remedies," Friday's release read. "There is time for fire victims to ensure they are getting the best legal services possible for them and their families."

Asked Friday about the timing of the release over a week from the outbreaks, the State Bar responded via email: "The massive impacts of the devastating Los Angeles wildfires are among the top priorities of the State Bar Leadership Team.

"We've taken numerous steps since last week to address their rapidly unfolding impacts on the public, attorneys, bar exam applicants, and our staff (some of whom have lost homes, others remain evacuated, and still others had their work disrupted last week by evacuations that have since been canceled.) We have been updating resource webpages for the public and attorneys, posting notices on social media, answering questions on the Ethics Hotline, sharing information from legal organizations, and on Thursday the State Bar distributed an all-licensee newsletter to more than 255,000 licensees with the Los Angeles Fires as the lead item.

"Other measures are being discussed and will be communicated as soon as we can finalize them," the statement concluded.

Staff Writer Douglas Saunders contributed to this report.