In response to Tropical Storm Helene, the Disaster Legal Services (DLS) Program has been activated and young lawyers across the state, and the nation, are mobilizing to volunteer.

Disaster Legal Services

Disaster Legal Services (DLS) is authorized under the Stafford Act to provide pro bono legal services for low-income individuals who are unable to secure legal services to meet their needs as a consequence of a major disaster. After the President declares a Major Disaster Declaration (MDD), DLS is authorized as an Individual Assistance (IA) Program through the Federal Emergency Management (FEMA) and is administered through the states in partnership with the Young Lawyers Division of the American Bar Association (ABA).

Once the DLS Program is authorized by the ABA and FEMA for a specific disaster, the North Carolina Bar Association (NCBA) Young Lawyers Division, North Carolina Bar Foundation (NCBF), Legal Aid of NC (LANC), and other state and local partners administer DLS for the State of North Carolina.

The last major disaster for which the DLS Program was activated in North Carolina was in response to Tropical Storm Fred in 2021.

Tropical Storm Helene

The ABA District-9 Representative and NCBA YLD DLS Committee Co-chairs actively monitor tropical storm activity during Atlantic Hurricane Season, which began on June 1 and will last through November 30, and on September 23 began tracking the forecasts of Potential Tropical Cycle 9 (which later developed into Helene).

On September 25, Governor Cooper declared a State of Emergency in anticipation of Hurricane Helene as North Carolina was expected to have significant impacts in the central and western regions —namely, heavy rain, flash flooding, landslides, and damaging winds. Helene later made landfall and progressed into North Carolina as a Tropical Storm. In anticipation of landfall in North Carolina, DLS leadership began to prepare for DLS Program activation.

President Biden approved a federal Emergency Declaration for North Carolina in response to Tropical Storm Helene on September 26, which authorized FEMA Public Assistance (PA), and on September 28, President Biden approved a federal Major Disaster Declaration (MDD) for North Carolina in response to Tropical Storm Helene, which authorized, in part, FEMA Individual Assistance (IA) and made federal funding available to affected individuals in Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Clay, Cleveland, Gaston, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, Wilkes and Yancey counties and the Eastern Band of Cherokee Indians.

Tropical Storm Helene impacted Western NC with a scope and severity that has not been experienced in Western NC in modern history. Search and rescue operations are ongoing, as well as essential infrastructure restoration. The Governor’s Office reports that as of October 8, “Eighty-nine storm-related deaths have been confirmed,” “more than 107,000 customers remain without power,” and “travel remains dangerous, with hundreds of roads closed.” In regards to aid from FEMA, “[m]ore than $37 million in FEMA Individual Assistance funds have been paid so far to Western NC disaster survivors and more than 123,000 people have registered for [FEMA] Individual Assistance.”

The legal community in North Carolina is mobilized and prepared to serve those impacted by Tropical Storm Helene — by providing essential legal services, pro bono, for disaster recovery.

NC DLS Coordination

Disaster Legal Services Program leadership began coordinating DLS responses immediately following the MDD authorization for Tropical Storm Helene. This included holding working calls with state and federal partners, establishing the DLS hotline, preparing press releases, websites and outreach materials, organizing volunteer recruitment, and planning training opportunities, CLEs, and clinics.

Legal Aid of NC (LANC) is the DLS hotline host — all client intake will initially pass through LANC’s Central Intake Unit for screening. Low-income disaster survivors with disaster-related legal questions are directed to call the disaster legal assistance hotline through LANC at 866-219-5262. Legal assistance is available for the following issue areas: FEMA appeals; Disaster Unemployment Assistance and other disaster benefits; Insurance claims; Home repair contracts and contractor disputes; Contractor fraud and consumer protection matters; Replacement of wills and other important legal documents destroyed in the disaster; Mortgage-foreclosure; and Landlord/tenant problems.

The NCBF hosts the weekly DLS coordination calls for state and federal partners, and will continue to support DLS operations. The NCBA YLD leads DLS working groups and committees to coordinate case referrals, case management, and volunteer training, support and recruitment. The NCBA Paralegal Division has also volunteered to provide critical case management support.

All state partners are working together for in-person outreach, namely with staffing clinics and FEMA Disaster Recovery Centers (DRCs) for disaster survivors. The ABA and FEMA are stationed to provide federal points-of-contact and support for state DLS operations.

On October 1, the initial, all-partners DLS coordination call was held and the NC Supreme Court approved a temporary emergency rule which allows lawyers not licensed in North Carolina to volunteer pro bono with the DLS Program under the supervision of a legal services organization (otherwise known as the “Katrina Rule”). Finally, the DLS Press Release was published on October 2.

The DLS Program is actively seeking volunteers to serve clients, pro bono, who are in need of disaster legal services, and welcomes volunteer attorneys (in-state and out-of-state), paralegals, law students, and other paraprofessionals, such as CPAs. To volunteer with DLS, please submit your interest via the NC DLS Volunteer Sign-up Form: NC Disaster Legal Services Volunteer Sign-up – North Carolina Bar Foundation (ncbarfoundation.org).

NC DLS Leadership (2024-2025 Bar Year)

North Carolina’s state DLS leadership team has been active this bar year in disaster “blue sky” planning, monitoring weather trends and forecasts, and, now, mobilizing the DLS Program in response to Tropical Storm Helene.

NCBA YLD
- Collins Saint, NCBA YLD President
- Samantha Gordon, NCBA YLD Division Director
- Brad Piland, NCBA YLD DLS Committee Co-chair & Pro Bono Committee Co-chair
- Elizabeth “Brooks” Savage, ABA District-9 Representative, NCBA YLD DLS Committee Co-chair, & NCBA YLD DEIB Co-chair
- Taylor Dewberry, NCBA YLD Foundation & Development Committee Chair & Former ABA District-9 Representative
- Sidney Thomas, YLD Division Director for Civic Engagement and Pro Bono

NCBA Paralegal Division

- Yazmeen Gadalla, NCBA Paralegal Division Council Member, Membership Committee Co-Chair & Long-Term Planning Committee Co-Chair
- Katie Riddle, NCBA Paralegal Division
- Alice Johnson, NCBA Paralegal Division Chair & Diversity & Inclusion Committee Co-Chair
- Rachel Royal, NCBA Paralegal Division

NCBA Staff

- Cheyenne Merrigan, NCBA Director of Communities
- LaSara Carter, NCBA Communities Manager

NCBF

- Kim Bart Mullikin, NCBF Senior Director
- Alex Rogers, NCBF Programs Director
- Bianca Simmons, NCBF Pro Bono Programs Coordinator
- Carole Oliver, NCBF Coordinator

Legal Aid of NC

- Ashely Campbell, Executive Director
- Lesley Albritton, Chief of Staff
- Alicia Edwards, Disaster Relief Project Director
- Emma Smiley, Disaster Relief Project Supervising Attorney
- Allison Constance, Director of Pro Bono Programs
- Allison Weller Tikare, Director of Intake & Client Services
- Deidra Terry, Intake Supervisor

October 11, 2024/by NCBA YLD