A COLLECTION OF PRO BONO STORIES FREDRIKSON & BYRON 2019 Produced by Fredrikson & Byron, P.A. fredlaw.com Copyright © 2019 by Fredrikson & Byron, P.A. All rights reserved. 2019 PRO BONO REPORT The words “Equal Justice Under Law” grace the entrance to the United States Supreme Court and are considered by many legal scholars to be the bedrock of our civil society. Equally important is the concept that “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” UN General Assembly. (1948). Universal declaration of human rights. Article 7: Equality Before the Law. Yet, for many individuals, these two concepts – equal justice and equal protection – are unobtainable goals due to poverty, lack of education or knowledge of our complex legal system, or, more likely limited due to lack of access to legal counsel. The lawyers, paralegals and staff who participate in Fredrikson & Byron’s pro bono program help provide access to justice to individuals in many areas of the law where, without a lawyer on their side, equal justice and equal protection are hollow promises. Because of the time and talent provided by Fredrikson volunteers, English Language Learners in a major school district strengthened their right to receive a quality education; immigrants and asylum seekers were able to articulate their cases according to the prevailing rule of law; disabled individuals and families were able to maintain stable and secure housing. Fredrikson volunteers helped small businesses and nonprofit organizations by providing necessary and important legal advice and assistance so they may continue to flourish and provide jobs and services in the areas they serve. We hope you enjoy the following selection of stories that are examples of some of the many contributions we make to help ensure that all are “equal before the law.” TABLE OF CONTENTS 1 Personal Representation to Ensure Justice 1 2 Supporting Nonprofits and Growing Communities 23 3 Recognitions 31 4 Volunteers Help Enrich and Protect Communities 37 5 Epilogue 49 PERSONAL REPRESENTATION TO ENSURE JUSTICE 1 ENSURING ACCESS TO A QUALITY EDUCATION ARON FRAKES CHRIS PHAM Aron Frakes and Chris Pham represented two siblings of Karen ethnicity in a case against the Saint Paul Public Schools (SPPS) in Minnesota. When they were very young, our clients and their father fled their home in Burma to escape atrocities committed by the controlling military regime. After living in a refugee camp in Thailand for years, they resettled in the United States in 2012. When they arrived here at ages 12 and 15, our clients had almost no formal schooling and little exposure to English. They enrolled in the SPPS district where they were referenced as English Language Learner (ELL) students, along with approximately 14,000 other ELL students in the district. The district receives federal funding to provide all ELL students with an appropriate education. Unfortunately, in spite of the federal funds, the district’s program did not provide sufficient instruction in basic courses. For example, when the older sibling had been in the United States for only two years and was reading English at a second-grade level, the district scheduled him in mainstream eleventh grade English and social studies classes. Our 2 clients were not alone; thousands of other ELL students with different national origins had similar experiences. On behalf of the two siblings and their parents, Aron and Chris filed a lawsuit against the district in the United States District Court for the District of Minnesota, alleging that its policies and practices improperly discriminated against foreign-born ELL students in violation of state and federal law. Ultimately, the parties agreed to engage in a settlement conference with a Magistrate Judge. After eight settlement conferences that took place over seven months, the parties reached a settlement that will ensure all ELL students receive an adequate education. The settlement requires the district to immediately make significant changes to its program, including such things as how it creates schedules for ELL students, the support levels it must provide to those students, the requirements for who will be able to teach them, mandatory professional training for teachers and guidance counselors, the creation of a new district-wide staff position focused on ELL student issues, establishment of additional educational opportunities for ELL students (such as offering an after-school tutorial mentoring program) and required regular meetings between the students, guidance counselors and parents on the progress of the students. The settlement agreement is a huge step forward for thousands of students in the district. After reaching the settlement, the Magistrate Judge thanked the parties for their outstanding work. Kurt Niederluecke, Marie Williams and Anu Sreekanth provided Aron and Chris with valuable support and counsel. “Although it’s cliché, as a lawyer, you’re always looking for opportunities to really ‘make a difference.’ This case was exactly that – a chance to make a meaningful difference and help create systemic changes that would help thousands of families. Additionally, my parents were immigrants and English was my second language, so I’ve personally experienced some of these same struggles. Therefore, I wanted to positively impact the lives of these children and their refugee and immigrant families. This case will undoubtedly be one of the greatest legal and moral victories of my career.” – Chris Pham 3 SECURING HOUSING STABILITY NICK DATZOV MARK VYVYAN Housing stability is often difficult to come by in tight rental markets, and it is made even more difficult for individuals who have evictions on their record. Volunteer Lawyers Network referred a client to Fredrikson & Byron after hearing from a mother of three children who was in imminent danger of eviction from the home that had brought important stability in the family’s life. Our client had properly withheld rent due to habitability issues including lack of heat in the bedroom, water leaking from the ceiling and a non-working refrigerator. In addition to seeking two months’ past rent, the landlord made several highly-upsetting accusations regarding the woman and her family. To save her housing, the young mother offered to pay all of the rent in full, however, the landlord refused to accept the payment and pushed forward with the eviction proceeding. Nick Datzov and Mark Vyvyan were retained the day before the eviction trial. They met with the client to discuss the mountain of evidence supporting her case and to prepare a strong defense to all of the asserted claims. Nick and Mark worked to quickly develop a theme and strategy that told a story far different from the allegations in the complaint. With the assistance of the client and legal assistants Dawn Marshall and Karen Marsh, the team prepared all of the materials 4 needed to begin the trial the next morning. Their efforts paid off when Nick appeared at the trial on behalf of the client and discussed with opposing counsel the anticipated exhibits that he planned to submit to support our client’s testimony. The client was thrilled when the landlord agreed to allow the family to remain in the home for nearly the entire remainder of the lease without any past or further payments. This allowed the family the opportunity to allocate the money toward other essential expenses and give them time to find better future housing without the stigma of an eviction on their rental history. EMILY UNGER Emily Unger responded to an emergency call from Volunteer Lawyers Network for assistance for a single mother of a disabled child confined to a wheelchair. The small family lives in an apartment building on the second floor and depended on the elevator to get the child out for school and other activities. The elevator had been out of service for three months, making it impossible for the mother to get her child to the first floor in order to attend school. For months, the landlord ignored the mother’s requests for repairs or to be moved to an apartment on the first floor. The mother filed an action in housing court, and with less than a day’s notice, Emily volunteered, met with the client and appeared on her behalf. Emily successfully negotiated a three- month rent credit for her client. Additionally, the landlord was required to repair the elevator. This made it possible for the child to access the first floor, attend school and to have more freedom during the summer months. Emily encouraged the client to contact her if the client faces any other issues. “Emily, thank you for taking on this case on short notice and for securing such an excellent result for your client and her son. Your work made a big difference for this client.” – Muria Kruger, Volunteer Lawyers Network 5 CHRISTIAN HOKANS Mid-Minnesota Legal Aid (MMLA) reached out to Fredrikson & Byron looking for representation for a senior citizen involved in a dispute with his assisted living facility. MMLA did not have capacity for the case and the client was facing the possibility of being involuntarily discharged from the senior facility within a matter of weeks. The client had limited means and multiple severe medical problems that required him to live in an intermediate care facility. However, the client had become involved in some disagreements with the facility over his care needs. The client had recently moved into the facility and did not want to be moved again because he was now close enough for his family to visit him. It was also the first facility to afford him a private room that he did not have to share with other residents.