Helene’s Effect on Lawyers, Clients, and Courts in Western North Carolina

David, a white man with brown hair, wears a pale grey shirt, red tie and grey jacket.By David A. Bragdon

The depth and scope of Hurricane Helene’s destruction cannot be comprehended.   

It is worse than what you see in the media. The challenge now is survival and safety. For many, there is no power, no water, and no reliable internet. This will last for weeks, maybe months. The roads and bridges that remain are being cleared of downed trees, mudslides, and power lines by collective effort, but huge portions of the transportation infrastructure no longer exist. Some areas are only accessible by helicopter, if at all. People are still looking for loved ones. Lawyers are hurting; clients are hurting; so much has been lost. 

The legal community has been deeply touched by the tragedy. In Macon County, NC, an emergency call Friday reported a truck in the river with a driver inside it. Officials soon realized the truck matched the description of one of their own, and the victim was Jim Lau, a beloved courthouse security officer. 

Michael Drye, an Asheville attorney, his wife, and grandson died. They were stranded on the roof of their house, but no one could rescue them, and they died when the house collapsed. Stories of others affected from the legal community are bound to come. 

I-40 is pictured here. A road that has been washed out is shown with floodwaters off to the side.

I-40 – the current estimate for repair between North Carolina and Tennessee is 2025. Photo courtesy of NCDOT.

Across the area, the courts and law offices are closed. Courts are closed in 19 counties, and deadlines are extended until October 14 in 28 counties.   

This will be a long recovery with help needed over the long term. The North Carolina Bar Foundation has a Disaster Legal Services fund that is assisting those in western North Carolina who need legal help. And Pisgah Legal Services is on the ground in western North Carolina to provide critical, free legal support to those most affected. Donations will fund essential services for struggling community members, helping them navigate this crisis with hope. Legal Aid of North Carolina will use available funds to support disaster response mobile legal clinics, dedicated disaster hotline intake staff, and the pro bono program working with volunteer lawyers. Other resources are discussed in Catherine Reach’s article, Natural Disaster Aftermath and Recovery Resources for Lawyers

People can also donate items or volunteer with Catholic Charities of the Diocese of Charlotte. Catholic Charities of the Diocese of Raleigh is coordinating with them, including with drop sites for essential goods in the eastern part of the state, as well as volunteer coordination.

Downtown Marshall is pictured from above. Floodwaters are visible, as are the roofs of buildings.

Pictured is the town of Marshall; the building with the dome is the courthouse. The building with the green roof is the Marshall office for Pisgah Legal Services. Photo courtesy of Old Marshall Jail Hotel.

We know it is cliché, but our hearts are sustained by Fred Rogers’ quote: 

“When I was a boy, and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.'”

There are so many helpers. In every town, there are attorneys who are 

  • connecting government and charitable leaders with clients;
  • assisting in the search and identification of missing persons;
  • making wellness checks;
  • gathering supplies and delivering them; 
  • assisting their clients in this moment of crisis; 
  • helping other lawyers with time-sensitive legal work or offering to take their cases for free; and
  • providing their hands and hearts for the community.

We just ask that folks continue to be helpers in any way they can.

David Bragdon wishes to thank fellow members in the NCBA Appellate Practice Section for their assistance with this piece.