ABSTRACT
One essential but often overlooked member of any emergency and disaster preparedness team is a competent attorney to serve as the team’s counselor and advisor. In the litigious society we live in today with a myriad of federal, state and local laws, both civil and criminal, it is essential to have a qualified and competent attorney serving as an advisor to identify the “legal pitfalls” which can often be overlooked by the emergency and disaster preparedness team. Hindsight may be 20/20; however, by the time the event has happened, something negative has already surfaced and the impact, including costs, personnel and other losses has already happened. The key is identify the risks and areas of potential loss BEFORE the negative event. The foresight to identify, address and avoid or minimize potential legal risks when preparing to respond to an emergency or disaster situation is essential to safeguard personnel, operations and the public as well as to avoid the long term potential cost and losses of not addressing the potential risk during the planning stage.
