2025 Disaster Resource Manual: Introduction

This document is provided as a resource to attorney volunteers who are fielding questions from those affected by disasters. This document is a starting point and is not intended to be the sole resource for providing legal assistance to those affected by natural disasters.

Attorney volunteers should obtain additional instructions and information, including potential legal updates, from the legal aid services organization that is providing disaster relief assistance. See Table 1 below for information regarding the legal services organizations that are providing disaster legal services in the different areas.

You may also have a duty to report certain criminal activity.

NOTE: If you have cause to believe that the physical or mental health or welfare of a child, elder person (defined as over the age of 65), or a person living with a disability has been or may be adversely affected by abuse or neglect, Texas law imposes a duty on you to report that within forty-eight hours to local law enforcement or the Texas Abuse Hotline (1-800-252-5400). For more information on reporting for crime victims, visit this website. For more information on reporting for suspected abuse, neglect or financial exploitation of an adult, visit this website.

NOTE: If you have reason to believe that the client is in danger of dying by suicide, under Texas Disciplinary Rules of Professional Conduct Rule 1.05(c)(10), you may reveal confidential information in order to prevent this. Disclosure is allowed only to the extent necessary to obtain assistance. Below are some available resources:

• Suicide Prevention Line: 988
• Texas Lawyer Assistance Program: 1-800-343-8527
• Mental Health Crisis Services by County

For a complete list of legal services providers, please see the State Bar of Texas Referral Directory. See also chapter 19 in this manual, Resources & Referral Guide.

Type of Legal Services Rendered—Following a disaster, volunteer lawyers may be asked to assist with several types of issues. While the focus at each location may be different based upon the current needs of survivors, the type of assistance provided is similar. Generally, a volunteer may provide the following types of legal services:

• Legal Information. Provide general legal information including rights on types of different matters following a disaster. Information is generally not specific to the individual’s situation.
• Individual Advice or Counsel. Advise on a legal matter specific to the individual survivor.
• Limited Scope Assistance. Some survivors will need immediate assistance but limited in scope. For example, the survivor may need assistance with completing a FEMA application or writing a demand letter to a landlord to terminate a lease for a flooded rental.
• Extended Representation. Some survivors will need longer-term direct legal representation to assist with their recovery or ancillary matters that were impacted by the disaster. The types of legal issues will differ depending on the stage of recovery. For example, if a survivor’s FEMA application is denied, they may need assistance with a FEMA appeal to resolve the cause of the denial (e.g., title clearing). Additionally, clients who are displaced due to the disaster may need assistance with child custody modifications. See section 1.6 below, Legal Needs After a Disaster Timeline.

You may volunteer at the following types of events or locations:

• Shelter
• Disaster recovery center (DRC)
• Phone banks
• Legal advice clinics

• Remote assistance

  Based on past experience with disasters, volunteer attorneys may be asked to provide advice on a wide range of issues. Again, the types of legal issues may be different depending on the stage of recovery. Types of issues include:

• emergency assistance;
• insurance claims (life, property, medical, etc.);
• lessor-lessee matters, including eviction defense;
• homeowner and other housing problems;
• home repair contracts, including contractor fraud;
• consumer protection matters, remedies, and procedures;
• disaster-related unemployment claims;
• mortgage foreclosure problems;
• advanced planning documents, such as wills and transfer-on-death documents;
• replacement of important legal documents destroyed in the natural disaster, such as wills, identification documents, legal permanent resident cards, and other immigration documents;
• powers of attorney;
• estate administration, including clearing title (insolvent estates) to qualify for home repair assistance;
• property tax questions;
• federal income tax questions;
• guardianships and conservatorships; and
• referrals to local or state agencies which might be of further assistance (e.g., consumer affairs).

Practical Assistance—Depending on the size and scope of a disaster, disaster legal services may need assistance with practical needs. This may include printing materials for distribution, delivering the materials to different recovery locations, distribution of materials at recovery locations, and intake assistance.

As part of providing legal services, volunteers may be asked to assist with information gathering or the intake process. This information is needed to determine eligibility for services and appropriate next steps.

The type of information will depend on the type of assistance. The legal services organization that is managing the disaster relief will inform volunteers what specific information to gather. Generally, the organization will have an application which includes the information needed.

Generally, the application will include the following requested information:

• Full name and the names and ages of family members living with the individual at the time of the disaster
• Whether they are a plaintiff or defendant in any existing cases (if so, you should assist them in locating their counsel)

• The individual’s contact information, including current address and disaster area address, telephone number(s) and landlines, and email addresses

• The information of others who can contact the individual, including name, address, telephone number(s) and landlines, and email addresses

• Alternate contacts, including names, address, telephone number(s), including landlines, and email addresses, who can contact the individual
• Description of losses and disaster-related problems
• Insurance information
• If necessary for the type of legal assistance you are to provide, citizenship status

Note regarding FEMA assistance: Only U.S. citizens and qualified aliens are entitled to FEMA benefits; however, children born in the U.S. to undocumented aliens qualify for FEMA benefits. Undocumented aliens are entitled to noncash assistance through FEMA, including disaster legal services, emergency food and shelter, and crisis counseling. Find more information here.

Below are general tips when working with an individual who has been affected by a disaster.

• Remember that Individuals May Have Limited Access to Communication. Individuals may have limited access to different types of communications, and flexibility is necessary. For example, an individual may not have an email account or unlimited access to the internet for virtual meetings; or may have limited minutes on their cell phone plan. If an individual is displaced and currently residing in a shelter or other temporary accommodations, they may not be able to charge their phone.
• Recognize that Lack of response does not equal Lack of interest/commitment to their Matter. Individuals affected by a disaster may have other high-priority needs, which could result in a slower response time. Again, flexibility and patience are recommended. If there is prolonged unresponsiveness, work with the legal aid provider for appropriate next steps.
• Work with Their Limited Availability. Individuals may not have the same flexibility in their schedule for meetings or phone calls. Some will have hourly work schedules from which they cannot take paid time off or will not have access to childcare. Occasionally, an individual may make an appointment but, due to work constraints, will not be able to attend and may not be able to call you prior to the appointment to cancel.
• Manage Expectations. For some individuals, this may be their first time working with an attorney and their expectations can vary. Take the time to explain your availability, the scope of representation, and manage their expectations for the outcome.
• Provide Trauma-Informed Advocacy. Disaster survivors have experienced a trauma that may take a mental toll on the individual. When working with a survivor, be mindful of asking the individual to “relive” the experience multiple times. Reach out to the legal aid provider for assistance with individuals experiencing trauma or other mental health concerns.
• Provide accommodations when appropriate and to meet the needs of the disaster survivor.
  • Use Interpreter Services.If the individual speaks limited English, use an interpreter. The individual may have a family member or friend who is able to interpret for them and, depending on the situation, you may allow this individual to interpret for a limited purpose such as obtaining demographic information or facts. However, when providing legal advice or additional representation, this is discouraged and the use of a professional interpreter is highly recommended. For pro bono cases taken through approved legal aid and pro bono services providers, you may have free access to interpreter services funded by the Language Access Fund and administered by the State Bar Legal Access Division.
  • Be aware of communication preferences. Individuals may prefer either written or verbal communication. Some individuals may want you to explain a written document to them. Others may have limited reading proficiency or may not understand legal terminology, but they might not disclose this information.
  • Working with neurodivergent / neuro-expansive individuals. The terms “neurodiversity” and “neuro-expansive" broadly refer to how people experience and interact with the world. When communicating with these individuals, you should be direct and concise, break down instructions and tasks into smaller steps, and should not assume “common knowledge” or implication. You should also accommodate communication preferences and ask the individual for environmental preferences, such as sound sensitivity or seating preferences. Additionally, prior to an event, you should communicate with the individual on what to expect and, when possible, communicate changes and explain why they occurred.
• Be Conscious of Individual Experiences with the Legal System. Be aware that an individual’s experiences may impact their engagement with you. For example, some individuals do not have positive experiences with the legal system and may be inherently distrustful of anyone who works within the “system.” Alternatively, some individuals may be intimidated by attorneys.
• Check Your Misconceptions. Be mindful of how you perceive potential clients. Survivors will have a range of experiences and backgrounds. While it is important to meet individuals where they are, be careful not to make assumptions about where that place is.
• Ask the Legal Aid Provider for Assistance. The legal aid provider can assist with resolving a situation you may encounter with your client. Do not hesitate to reach out to the legal aid provider if you have a question.

Persons affected by a disaster may notify loved ones of their well-being by registering on the Safe and Well feature at the Red Cross. Click the “Get Help” tab, and then click “Contact & Locate Loved Ones.” Call 1-844-782-9441 for the free, national Restoring Family Links helpline.

What are the legal needs following a disaster?

1-6 Weeks After Event (Short Term)

• Housing
  • Lease terminations & evictions
  • Utility shutoffs
  • Security deposits
  • Repair issues
  • FEMA applications
  • Insurance claims
• Document replacement
  
  • Birth certificates
  • Driver's licenses
  • Social security cards
  • Deeds
• Income Protection
  • Wage Theft Issues
  • Unemployment Application/Appeals
  • Public Benefits Applications/Appeals
  • SBA Disaster Loan Applications

1-6 Months After Event (Medium Term)

• Housing & Consumer
  • FEMA/SBA Appeals
  • Landlord-Tenant Issues
  • FEMA/HUD Rent Subsidy Renewals
  • Displaced Public Housing Tenant Issues
  • Foreclosure Prevention
  • Real Property Title Clearing & Probate
  • Section 8 Portability
  • Mobile home Questions
  • Repair & Contractor Scams
  • Insurance Scams & Claim Disputes
  • Price Gouging
• Family & Education
  • Access to Public Education While Displaced
  • Powers of Attorney (for care of a child or senior)
  • Guardianships and Supportive Decision Making
  • Emergency Custody Modifications
  • Parenting Order Modifications (new home/school locations)
  • Domestic Violence Issues (including protective orders)

6 Months to Years After Event (Long Term)

• Housing
  • Foreclosures
  • Landlord-Tenant Issues
  • Flood Insurance Disputes
  • FEMA Recoupments
  • Other Housing Disputes
• Consumer
  • Disaster Tax Relief Applications
  • Bankruptcies
• General Civil
  • ​​​​​​​Civil & Disability Rights Cases
  • Legal Counsel for Community Organizations