In Recess October 2023

A Blazing New Challenge

Houston attorney David Adler on his battle against the unforgiving elements.

By Will Korn

David Adler works on a fire at the Roy E. Larsen Sandyland Sanctuary in Silsbee. Photo courtesy of David Adler.

The grind of becoming a successful criminal defense attorney might be more than enough for most practitioners to handle. But not David Adler. He had always loved the great outdoors and wildlife, and after the devastating 2011 Bastrop wildfire, he realized he wanted to take on more than just his own caseload. As a volunteer firefighter, Adler doesn’t fear raging infernos but instead embraces them as a way to help—and as an escape from a demanding law career. “I’ve been very fortunate that so many judges and opposing counsel have been willing to accommodate my schedule when I’ve been called to a fire,” he told the Texas Bar Journal.

TELL ME ABOUT YOUR START IN WILDLAND FIREFIGHTING.
I had no interest in any type of firefighting until the 2011 Bastrop wildfire. I watched the media reports of homes and businesses being destroyed. There were interviews of people who had to evacuate and didn’t know if their home had survived the fire. I thought I could do something to help on future wildfires and started researching training opportunities. I went to a school in Colorado for a certification program. Then I started knocking on doors of fire agencies to see if I could help. I learned pretty quickly that the wildland firefighting system is not set up for unaffiliated volunteers. I also got a lot of strange looks when I told them I was a practicing lawyer. Eventually, I went to the opening ceremony for a park north of Houston and ran into the head of the Texas Parks and Wildlife Department. I told him what I was trying to do. He said I was nuts but agreed to put me in touch with some of TPWD’s firefighting crews. The first fire I worked on was with a TPWD crew at Sheldon Lake State Park. Afterward, those firefighters helped me open doors with other TPWD crews, as well as crews with the Nature Conservancy, the U.S. Fish and Wildlife Service, etc.

WHAT WAS TRAINING LIKE? I IMAGINE IT WAS QUITE INTENSE TO PROPERLY EQUIP YOU TO BE ABLE TO CONTAIN POTENTIALLY UNSTOPPABLE FIRES.
The program I attended was divided between classroom instruction and field work, along with the physical fitness test. I was 47—the second oldest student in the class. All but three of the students were under 25 years old. The other two old guys and I decided we would not come in last on the physical fitness portion of the class, even if we died trying. I finished slightly above one-half of the class. The three of us made it. The classroom training included sections on fire behavior, weather, tools and equipment, and communications. Safety was a constant theme. Before the class, I was not aware of the number of wildland firefighters who have been killed or injured while working. In addition to burns, firefighters have been killed or hurt in vehicle accidents, falling timber incidents, aircraft crashes, and heart attacks. The training was extensive but could not, of course, involve an actual wildfire. I found out on my first fire that no training experience could fully recreate all that goes on at an actual fire.

THE VERY FIRST TIME YOU SUITED UP AND WENT INTO ACTION, WHAT WAS THAT EXPERIENCE LIKE FOR YOU?
Not surprisingly, I was excited and a little scared. The risk of burning didn’t worry me as much as the risk of doing something embarrassing. I had not purchased my own personal protective equipment (clothes, helmet, gloves, etc.) by then so I had to borrow them. The only thing the TPWD folks couldn’t loan me was boots. At the end of the day, the soles of my shoes fell off from the heat. I think being older and from a different line of work helped because I wasn’t hesitant to ask questions that a younger person might have been afraid to ask. I was taken aback by the speed a fire can travel, by the noise it can cause, and by the distance at which the heat can be felt. I was very impressed by the teamwork and safety-consciousness of the TPWD crew. They were constantly checking on each other’s status and location by radio or just by yelling through the woods.

Adler working at the Nature Conservancy’s Mad Island Marsh Preserve. Photo courtesy of David Adler.

IN THE WORLD OF FIREFIGHTING, WHAT MIGHT BE CONSIDERED “EMBARRASSING?”
The wind can change direction and change the direction of a fire quickly. On my first fire, a firefighter parked an ATV in an unburned area he thought was safe. When we returned to the area, the vehicle looked like a piece of modern art. The wind had turned. The fire melted much of the ATV. I think it was a good reminder for everyone on the crew of the unpredictable nature of a fire, and I’ve since told that story to less-experienced firefighters I work with.

HOW DO YOU STAY CALM AND CONTROLLED WHEN FACING A FIRE?
The crews I work with are very focused on safety. We do all we can to avoid problem situations before they start. When the unexpected has happened, everyone knew what needed to be done to remedy the situation as soon as possible. This has made me comfortable that we can handle problems as they may arise. Also, freaking out won’t fix the situation or make it even a little better. That’s one similarity between being a lawyer and a firefighter.

DO YOU OPERATE MOSTLY IN A PARTICULAR AREA, OR TRAVEL AROUND AS NEEDED?
I work throughout Texas, though I was part of a crew that worked with the U.S. Forest Service on a fire in New Mexico a few years ago. A crew from the New Mexico State Penitentiary was nearby. I asked the men and women on my crew not to let on that I was a criminal defense lawyer so that I wouldn’t face a lot of potential legal questions from the inmates. The inmates were well trained and very hard working. I love being a lawyer, but I didn’t want to go back to lawyering any sooner than I had to.

WHAT IS THE MOST IMPORTANT THING PEOPLE (CAMPERS, TRAVELERS, LOCALS) CAN DO IN WILDLAND AREAS TO PREVENT THE START OF A POTENTIALLY DEVASTATING FIRE?
We’ve been in drought conditions off and on for the past several years in Texas. This means there are thousands of square miles that have heavy loads of dried fuels. Even something as seemingly minor as tossing a cigarette from a moving car can start a fire that quickly grows to immense proportions. Of course, campers need to ensure any campfire is completely doused before leaving the site. Homeowners would be smart to create defensible space around structures by clearing out brush and dead trees.

HOW HAS YOUR TIME AS A FIREFIGHTER CONNECTED TO YOUR CAREER IN LAW? IS THERE A MEANINGFUL INTERSECTION FOR YOU?
Working in the field is an escape from the pressures of the legal world. I love being a criminal defense attorney, but any day I don’t spend under fluorescent lights is a great day.

Adler and his son, Joel, at Aransas National Wildlife Refuge in Austwell. Photo courtesy of David Adler.

IS THERE ANYTHING ELSE YOU WANT TO ADD?
I’m proud my son, Joel, went through the wildland firefighting training program and has started volunteering as well. He’s in the forestry program at Stephen F. Austin State University. I’m glad so many of his generation are concerned about environmental issues. He is interested in protecting our great wild spaces in Texas and throughout the U.S., especially as climate change becomes worse. ^TBJ