(Photo by Justin Sullivan/Getty Images)
I am old enough (no snarky comments, please) to remember all the various kinds of disaster movies Hollywood loved to produce in the 1970s.
I am not going to discuss the Los Angeles County wildfires, except to remark that Hollywood didn’t make these up. You have all seen photos and watched the reports on “linear” television or various social media outlets. Who said “a picture is worth a thousand words”?
Just as in any other natural disaster, we are all touched by it, even if we don’t suffer a personal loss. Colleagues, friends, family, relatives. Just like what has happened in other parts of the country during disasters, we are numb and in shock. Familiar places gone. Homes gone. Places of worship rubble. Businesses gone. Life as it has been for many will never be the same.
To all of you who have texted, emailed, called, or donated to various agencies helping those displaced and dispossessed, thank you. You know who you are. But to those who have flooded social media with nasty, mean-spirited, disparaging comments — and you know who you are — shame on you.
The court system here has not emerged unscathed. At least one dozen state judicial officers and a similar number of court staff have lost homes. For the federal district court, the number is smaller, but no less distressing. Patricia Guerrero, chief justice of the California Supreme Court, has advised that it would be a violation of the Code of Judicial Ethics (Canon 4(d) 6) for any judicial officer to accept any gift, even in these times. Thus, fire aid is limited under ethical rules. However, Guerrero said that the court is considering how to help those affected, including by financial assistance. Each situation is different so it remains to be seen what the court decides to do, if anything. The California Constitution prohibits any gift of public funds.
The Los Angeles County Superior Court is the largest trial court in the country. It stretches from Lancaster in the high desert (approximately 70 miles from Downtown LA) to Long Beach alongside the Pacific. The fires broke out in two different parts of the county. During the fires, courts were open, but there were concerns as to whether some of the courts (in smoke-filled areas) should have been closed. For those who needed to appear in court for whatever reason, the court’s stern handling did not create any favorable impressions.
Evacuation orders and warnings were sent to cellphones, but for those sitting on a jury, the court did not permit cellphones to be on. That presented a problem for those who didn’t know whether there were evacuation orders or warnings to be followed in their areas. How can you concentrate on the trial at hand when you don’t know whether you would have a home to go home to? How do you prepare for a possible evacuation if you don’t know? You tell me. Is this a case of damned if you do, damned if you don’t?
This is not the first time the LA Superior Court has taken flak for its decisions during crises. The court took it on the chin during Covid-19 for multiple health and safety violations.
The fires are pretty much contained, but not controlled. Lawsuits have already been filed, with many more surely to come. There will be enough blame to go around. Full employment for many lawyers for years.
The wildfires are already yesterday’s news, just like hurricanes Helene, Milton, and all the other weather events that have happened in recent memory. Just like a judge who tells counsel not to belabor a point and move on, we keep going.
And moving on, when the Elias Law Group told its associates to sign a mandatory arbitration agreement, there was, not surprisingly, pushback. Three lawyers have already voluntarily boogied and the fourth was forced out after refusing to sign the agreement.
The firm has said that it wishes the departing “the best of luck in their future endeavors.” Does anyone else think that the phrase is code for “don’t let the door hit you on the way out”?
2025 is well underway. As the racetrack announcer says, “and they’re off.” So are we. For counsel who have cases with attorneys in LA County, especially those who have lost homes or businesses, please cut them some slack. Show some professional courtesy. Everyone here has been affected by what has happened. But it’s not just the physical losses, it’s the mental health challenges too. And we all know or should know about mental health issues in our profession. Don’t make them worse by being an unyielding putz.
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].