Kwynn Perry described it as “ick,” the cringy feeling she got when approached in line at the post office by a guy from a law firm trying to sign her up for litigation less than a week after her rental house burned down in Altadena.
“It felt predatory,” Perry said of the pushy man with a clipboard. “There’s a lot of scammy things out there. … When people are trying to rile you up about the fire and get your case, it’s too quick.”
While Pacific Palisades and Altadena were still smoldering, lawyers swarmed the area, signing up victims for lawsuits blaming public utilities for the devastation that left billions in damages and killed at least 29 people.
Through town hall meetings offering lunch — in one case smothered pork chops — and targeted ads on social media and cable TV, attorneys are reaching out to potential clients. Famed consumer advocate Erin Brockovich held a press conference locally. Nationally known civil rights attorney Ben Crump came to town. And dozens of law firms are pitching themselves as “wildfire experts.”
The legal jockeying is so pervasive that some survivors who’ve lost homes and loved ones complain they feel overwhelmed and wonder how they can keep from being used. Even some lawyers are counseling the public to be wary.
Avoiding ambulance chasers
George Magallon, who relocated with his wife to Palm Springs after his home in Altadena was swallowed by flames, said he is trying to tune out the legal noise.
“My head’s got a lot of things swirling in it right now rather than trying to determine who’s legit and who’s trying to make a fast buck,” said Magallon, 56.
Perry, 44, also is taking the slow approach.
“It’s sort of a strange feeling. The people of Altadena feel pretty enraged because they feel the power company is at fault. We do want to collectivize and pursue damages,” she said. “But what doesn’t feel good is (whether) you have a lawyer working to uphold your rights versus the ambulance chaser.”
In Pacific Palisades, Blake Armstrong, who lost his mobile home to the flames, said he is accosted by a barrage of legal solicitations on his social media, asking him to join litigation by clicking a button.
“I think the problem is there are so many,” said Armstrong, 39, who is a criminal prosecutor. “I am loathe to click a button. I would like to do something if it is legit, but I don’t know what it is yet.”
Dozens of lawsuits already
More than two dozen lawsuits have been filed against Southern California Edison since the Jan. 7 Eaton fire, blaming the utility for not de-energizing high-voltage lines in the windstorm and alleging the cause of the blaze was an arcing power line. Attorneys have broadcast videos purporting to show a sparking power line or cellphone footage of flames licking at the feet of electrical towers.
The official cause of the fire remains under investigation. Edison did not comment when approached for this article.
More lawsuits have been filed against the city of Los Angeles or the city’s Department of Water and Power over the blaze in the Pacific Palisades, where fire hydrants went dry while a nearby reservoir sat empty and in disrepair. The cause of that fire also remains under investigation.
Specialized expertise
With so many victims and so much litigation, the cases will surely become complex mass torts that require specialized expertise. But the problem is not all the lawyers signing up clients in Pacific Palisades and Altadena have that expertise.
“I believe over half the people advertising, unlike our firm, have no experience in handling wildfires. It’s a feeding frenzy,” said attorney Richard Bridgford, whose firm is suing SCE. “They’re just looking to sign people up and get referral fees. They sign people up … and flip the cases over to somebody who is going to do the work.”
Said Bridgford: “We don’t bang on people’s doors. We make it known we’re available. I don’t need any ethical canons to tell me what’s right.”
Attorney Majed Nachawati, whose firm also is suing in the Eaton fire, agreed the legal sharks are circling.
“You’re playing with people lives, the last thing you need is a lawyer who just does auto accidents,” Nachawati said. “A lot don’t have any mass tort experience … clients don’t know what to ask because they are in a moment of panic.”
Doing some homework
Legal experts advise victims to investigate the law firms before signing on. Do they have experience with wildfires and large-scale mass torts? Are they registered with the State Bar of California, or are they working with someone who is? Have they been disciplined? Does the firm have the legal and financial resources to take the case to trial?
Do they have a clear strategy for the litigation, and how large a cut will they take of the recovered funds? Many firms are limiting their share to 25%.
“You’ve got to be equipped with a large, well-trained team that knows how to put these things together,” Bridgford said.
Ethics concerns
Holding town hall meetings and posting clearly marked advertisements that are not misleading are allowable under state regulations.
What is not allowed is directly soliciting paying clients, either in person or electronically, such as approaching victims in line at a post office, said Erika Doherty, program director at the state bar’s Office of Professional Competence.
Attorneys also can’t hire anybody — called “cappers” or “runners” — to make the solicitations for them, Doherty said. “If somebody is asking you to sign something this urgently, it can be a red flag,” she said.
Victims who want to file a complaint against an attorney can call the State Bar of California at 800-843-9053.
Some attorneys have hired ethics counsel to help them navigate the laws as well as good taste.
In marketing, “It’s a matter of perception. What is obtrusive? Maybe people do have some fatigue, but on balance, it’s a net good,” said attorney Ryan Little, whose practice specializes in legal ethics. “It’s ultimately about getting the word out.”
Victims ‘do not need to rush’
Eli Wade-Scott is an attorney with Edelson PC, which recently obtained a court order requiring Southern California Edison to preserve evidence in the Eaton fire. The firm has an ad on Facebook saying, “Eaton Fire Victims We Stand With You.”
Wade-Scott lamented that the average victim may be so overwhelmed just trying to survive that they can’t distinguish between the levels of legal expertise.
“Because they are dealing with a ton, they will go with the first firm that bothers them at the grocery store and that shouldn’t be happening,” Wade-Scott said. “It’s an unfortunate reality. People that have very serious legal claims should be careful and ask questions. They definitely do not need to rush their decisions.”
Attorney Scott P. DeVries and his firm have hosted sessions with victims of the Eaton fire offering advice on insurance claims but did not seek to sign up any clients, which he said would be distasteful.
“We don’t do that and it’s pretty remarkable when you see certain lawyers drawn like moths to the fire,” DeVries said. “People are not in the frame of mind to be hiring lawyers right now. There is so much pressure, what they need is a helping hand. As human beings we shouldn’t be in there trying to make a buck.”
He added, “If at some point they need more formal guidance, we can talk about that.”
Gilien Silsby, whose house as well as her parents’ house burned down in Altadena, feels fortunate to have found a lawyer through a friend. The firm she hired, Fox Law, is opening a Pasadena office to serve victims of the Eaton fire, Silsby said.
“I just feel like someone had to be held accountable for ruining our lives,” she said. “If it was negligence, it’s heartbreaking.”
However, she, too, felt bombarded by the flood of ads and solicitations.
“There were a lot of lawyers just coming out of the woodwork,” Silsby said. “It’s kind of a money grab.”
Staff writer Jason Henry contributed to this article.