Storms Show the Value of Legal Preparedness (Kristin Pawlik Commentary)

Downtown Rogers, Arkansas (Google Maps)

The early morning storms on Memorial Day weekend hit the northwest part of our state and moved east, leaving areas unrecognizable, blocks of commercial buildings shredded, piles of sheet metal twisted around like bread ties, homes gaping open, and a jungle’s worth of fallen trees crippling power lines and blocking roads.

In historic downtown Rogers, the old wavy glass windows of my law firm were blown out, leaving offices tossed and water pooled. Yet, by midmorning our lawyers and staff, alongside hundreds of residents and business owners, were out taping up windows and busy with chain saws.

As we finish the cleanup and start rebuilding, our attention will turn to preparing for the next storm. Maybe we will finally install that generator. Perhaps we’ll keep extra water in the pantry, or price a safe room. While crisis response is fueled by adrenaline and activity, preparedness is a measured and diligent effort.

In the legal profession, we respond to crises all the time. My own practice focuses on high-conflict domestic relations litigation — that is, divorce and custody disputes. My work as a lawyer usually begins as a client is having his or her worst day. Responding to an emergency — a child in danger, a parent arrested, an addicted spouse, a violent home — these are the situations to which I respond. And just as after a natural disaster, once the crisis passes our clients search for ways to prepare themselves in case an emergency occurs again.

We can help. Lawyers are uniquely suited to help people prepare for the worst times. Whether you run a home, own a gourmet cookie shop, manage a real estate company or practice at a dental clinic, here are some ways lawyers can assist:

• Housing and construction. Builders, you’ll want competent counsel to navigate the federal, state and local laws and to draft solid, enforceable contracts. Homeowners need a contract to clearly define the scope of work and avoid surprises. Developers need legal help to navigate snags in the planning process, ensure compliance with zoning laws and obtain waivers or conditional uses.
• Small businesses. From drafting personnel handbooks to reviewing franchise agreements and negotiating commercial leases, businesses need experienced counsel as the enterprise expands. Your lawyer can prepare your company for discrimination or harassment claims by establishing reporting and investigation protocols.
• Families. An estate planning lawyer can ensure that assets are transferred between generations in the way the family intended. Those with children from a first marriage or business owners should consider a prenuptial agreement to protect accumulated assets from being disturbed in the event of divorce.

The recent severe weather events in Arkansas have highlighted the critical importance of preparedness and response. A lawyer can help you plan to avoid the impact of a sudden event on your livelihood or loved ones. If you don’t have trusted counsel, the Arkansas Bar Association has an online directory to make finding a lawyer simple and easy. Simply enter “Arkansas Find a Lawyer” in your search bar to locate a lawyer by distance from your location, area of practice or both. The 5,000 members of the Arkansas Bar Association are a community of leaders ready to assist you when it matters most.

Kristin Pawlik is a partner at Miller Butler Schneider Pawlik & Rozzell PLLC in Rogers and is the incoming president of the Arkansas Bar Association.