Ethical Issues in Wildfire Litigation: A Quick-Guide for California Attorneys
A helicopter drops water on a blaze in Los Angeles
The 2025 Los Angeles wildfires are some of the most destructive the city has ever seen, with damages estimates as high as $275 billion. Law firms across the country are mobilizing to help victims of the fire start to rebuild their lives, but representing clients in the wake of a wildfire presents unique ethical challenges that lawyers must mindfully navigate. This article discusses a few of them.
Conflicts of Interest: Representing Multiple Plaintiffs
Wildfires generally result in a large pool of potential plaintiffs, which may include homeowners, businesses, and even municipalities. Attorneys are not prohibited from representing multiple plaintiffs in a single matter. However, before you accept the representation of multiple plaintiffs, you must carefully assess whether your representation of one plaintiff is directly adverse to, or materially limits your ability to represent another. If so, you cannot accept the representation unless all affected plaintiffs provide their informed written consent to the representation.
Practice Tip: The duty to avoid conflicts is an ongoing one. If, at any point in the future, an irreconcilable conflict arises between multiple clients, you may have to withdraw from the representation of all the affected clients.
If you need assistance navigating a conflicts issue or drafting a conflicts waiver, contact Little today.
Solicitation and Advertising: Coloring Inside the Lines
Wildfire litigation often involves large-scale advertising campaigns to attract clients. While outreach efforts can be effective, they must comply with CRPC guidelines:
Advertising and Communications (Rules 7.1 and 7.2): All communications and advertisements must be truthful, not misleading, and include the name and address of the attorney or law firm responsible for the content. Any communication that states or implies “no fee without recovery” is considered misleading unless it also expressly discloses whether the client will be liable for costs.
Rule 7.3 (Solicitation of Clients): In-person, live telephone, and real-time electronic contact (chat rooms, etc.) solicitation of prospective clients is prohibited unless the person contacted is a lawyer, or has a family, close personal, or prior professional relationship with the attorney.
Practice Tip: Advertising for wildfire clients is competitive and expensive. Consider hiring ethics counsel to review your ads for compliance prior to investing money in a campaign that you might have to later take down due to ethics issues.
At Little, we regularly review advertising and marketing content for some of the largest and most experienced wildfire firms in the United States. Contact us today to see how we can help you with marketing compliance.
Confidentiality: Handling Sensitive Information
Wildfire claims often involve sharing sensitive client information, such as financial losses, medical records, and property valuations. Attorneys must ensure they protect this information in accordance with CRPC 1.6 (Confidentiality of Information).
Practice Tip: If you’re co-counseling wildfire cases with another firm, unless you have a joint fee agreement with the other firm(s), be sure to get your clients informed written consent before you share any confidential information with your co-counsel firm. Also, do your due diligence on your co-counsel’s information security practices—if they’re fast and loose with client information, it could come back to bite you in the form of a disciplinary or malpractice complaint.
Little can help you implement information and cybersecurity security practices. Contact us today to learn more.
Fee Arrangements: Transparency and Fairness
To minimize clients’ up front costs, many lawyers take wildfire cases on a contingency fee basis. However, such arrangements must comply with CRPC Rules 1.5 and 1.51, and with Cal. Bus. & Prof. Code 6147:
Reasonableness: Fees must not be excessive or unconscionable.
Written Agreements: Contingency fee agreements must be in writing, signed by the client, and clearly outline the attorney’s compensation structure.
Disclosures: Contingency fee agreements generally must state that the fee is not set by law but is negotiable between attorney and client.
Practice Tip: Failure to comply with the regulations on contingency fee agreements renders the agreement voidable at the option of the client.
We’ve advised some of the largest and most successful injury firms in the country on their fee agreements. If you have questions about whether you’re in compliance, contact Little today.
Mass Torts: Special Considerations
In cases involving mass torts or class actions, attorneys must navigate additional ethical complexities:
Client Communication: Keeping all clients informed about case developments can be challenging in large-scale litigation. Regular updates and accessible communication channels are essential.
Aggregate Settlements: Rule 1.8.7 requires that all clients must provide their informed written consent to any aggregate settlements. The disclosure to the client must include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
Practical Tip: Establish clear protocols for managing client communication and securing informed consent in mass tort cases.
We’ve helped law firms across the country navigate their mass tort legal ethics challenges. If you’re facing ethics issues in your mass torts practice, contact Little and see how we can help.
Conclusion: The Role of Ethics Counsel
California’s wildfire lawyers have an incredible opportunity to help victims of the Los Angeles wildfires rebuild their lives. However, representation of wildfire victims also involves complex ethical challenges that require diligence, transparency, and adherence to California’s Rules of Professional Conduct. Failure to successfully navigate these challenges could lead to disciplinary complaints or a malpractice case.
Competent ethics counsel can help you mitigate the risks of navigating these complex ethics challenges. If you need California ethics counsel, contact Little today.
Why Little?
At Little, legal ethics is all we do.
With extensive experience in wildfire and mass tort legal ethics, we can help you and your firm Do the Right Thing when it comes to navigating the ethics challenges you’re facing. Contact us today to learn how we can help you protect your license, reputation, and practice.
No client’s too big and no problem’s too small.
