Transforming Lives Through the Law
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JustJust CausesCauses Transforming Lives Through the Law City Bar Fund Annual Report 2002-2003 A Letter from E. Leo Milonas, President, The Association of the Bar of the City of New York and The City Bar Fund At the City Bar Fund, we try to ensure that justice is available to those who are in need and do not know where to turn for help. Often, we are the last resort for Pictured left to right: Barbara Berger Opotowsky, Vice-President, City Bar Fund; E. Leo Milonas, President, low-income people who are desperate for legal The Association of the Bar of the City of New York and City Bar Fund; and Maria L. Imperial, Executive Director, representation. For them, we provide the justice that they City Bar Fund. could not find anywhere else, and we actually transform people’s lives. They are not merely just “cases,” but our and flee for his life. He was granted asylum here after one “Just Causes.” of our volunteer lawyers represented him in immigration This year, more than 20,000 clients – immigrants, court. The second one is about a young woman from the homeless, the elderly, cancer survivors, domestic Honduras with an infant daughter who became homeless. violence victims, and others – benefited from legal Thanks to a volunteer attorney, she was able to obtain the assistance provided by the City Bar Fund. Our programs public assistance she was entitled to and to find her own include free legal information, referrals, advice, and direct apartment. The third one is about a middle-aged, disabled representation by staff and volunteer attorneys. Our woman who could not afford a divorce lawyer. Her volunteers contributed more than 30,000 pro bono hours husband had not supported her in six years. He hoped to with an estimated value of $4.5 million. Many of the obtain a default divorce, but the City Bar Fund has been attorneys were trained by our staff specifically to serve the successful in stopping it. needs of our clients. This is our Annual Report for 2002–2003. The As you will read, we are highlighting the stories of attorneys who work with us tell us that the legal counsel three very different people who have found their way to they provide is inspiring and worthwhile and it is vital to the City Bar Fund. They dramatically illustrate the range of those we serve. We hope you agree. services we provide. And they’re told from two points of view: the client in need, and the attorneys who responded. The first is an asylum case involving an older man who is a Liberian refugee. He was forced to leave his family 2 WN, Client: I am 60 years old, I come from Liberia and am a member of the Krahn tribe. I am married, and I have seven children. I worked for many years as a truck driver. One day in 1986, some young hoodlums burglarized my home. They were caught and sentenced to four months in prison. Four years later, when Liberia was in the middle of a civil war, those burglars seized me and my family. They The CityBar had decided to exact revenge. Public Service My family then fled Liberia and took refuge in the Ivory Coast. When it appeared that the civil war was Network coming to an end, I returned to Liberia to see if I could bring back my family. The rebels had murdered my father The City Bar Fund’s Public Service and three of my brothers and sisters. My house had been Network matches attorneys seeking burned, and my mother had also died. All because we were Krahns. I began working as a truck driver for volunteer opportunities with nonprofits Doctors Without Borders. In early 2000, I was captured throughout New York City, including the by Liberian government forces. I would have been City Bar Fund itself. The Network executed immediately, but they needed me to drive the truck. introduced Henri Gueron, a retiring attorney who was seeking a full-time I finally escaped by driving the truck through the gate of a refugee camp where my captors had gone to volunteer placement, to the City Bar get food and supplies. The international peace-keeping Fund’s Refugee Assistance Project, forces guarding the camp routed my captors and rescued me. I was fortunate to make my way to the U.S. But my where he has been working ever since. family remains in the Ivory Coast. Following is the story of WN, one of When I first applied for asylum, the Immigration and Henri’s many clients who successfully Naturalization Service denied my application. I was told I gained asylum through the efforts of the needed an attorney. That's when I went to the Bar City Bar Fund: Association and found my lawyer, Mr. Gueron. Mr. Gueron prepared an excellent case, and after I testified, asylum was granted. I have been working as a cook in a Kentucky Fried Chicken. I've been there for nearly two years, and I have been sending money home every month. I'm hoping my family can come to America soon. 3 Henri Gueron, volunteer lawyer for the City In court, Mr. N's sister came with her husband to Bar Fund: When I took Mr. N's case, I had just retired testify to Mr. N's arrival in the U.S. The court had and had started volunteering at the Bar Association. I appointed an interpreter, and the first thing that had been with Con Edison for many years and attended happened was that Mr. N's brother-in-law and the law school at night. I worked as in-house counsel from interpreter fell into each others' arms. They came from 1993 until I retired from Con Edison in 2001, focusing the same village in Liberia and hadn't seen each other mainly on administrative and contract law and also since they were school children. intellectual property. This case gave me a profound sense of This was my first court case. Immigration law is accomplishment. My client was very deserving, and certainly very different from corporate practice where the justice eventually prevailed. We are now working to goal is to never get into court. Here, you’re in court, and reunite Mr. N. with his wife and his children, to whom the stakes are extremely high. the law extends the benefits of his victory. In an asylum case, generally, the applicant, having fled for his or her life, comes to the U.S. with little more than the clothes on his or her back, let alone a sheaf of evidence. As a result, the court attaches enormous importance to the credibility of the applicant. So the first thing we do is to get a detailed story. Since credibility is so important, I had to find corroborating evidence. I used the Internet to confirm Mr. N.'s employment in Liberia. I had no luck with my original searches for the mining company, which apparently had gone out of business. Then, using the name of the mine itself, I hit “pay dirt.” Former mine employees had kept in touch with each other through a web page they had created. I e-mailed the site, and received two positive replies from retired executives confirming Mr. N’s employment. Doctors Without Borders also confirmed his employment. Through Doctors of the World, we reached a doctor at City Bar Public Service Network and Refugee Assistance Staff (l to r): Katherine Neilson, Henri Gueron, Carol Bockner, Montefiore Hospital. Working pro bono, he examined Lauris Wren and Josh Franco. Mr. N and filed an affidavit confirming that Mr. N's injuries were consistent with the torture Mr. N described. A Liberian witness also attested to Mr. N's last name being identifiably Krahn. 4 Haidy Guity, Client: I am 21 years old, and I have a daughter, Brianne, who is nine months old. I’m from Honduras. Two years ago, I was living with my boyfriend in the Bronx. He began beating me, every day, even when I became pregnant. When the beatings became worse, I was fearful that he would really harm me or the The baby. Legal Clinic I went to live with my mother when I was six Legal Clinic months pregnant, but this proved to be a problem, too. for the She had a household full of my siblings. Then I moved to a Bronx shelter run by the Red Cross where my Homeless daughter was born. At that point, my caseworker told me I was eligible for an increase in public assistance, to take For the past 12 years, the City Bar care of my baby. I was then transferred to the Latham Fund has been providing pro bono Hotel. legal services to the homeless. My additional welfare benefits never came. Last July Through our Legal Clinic for the I met Sam Barkin at the shelter’s legal clinic. Mr. Barkin became my lawyer. He discovered that I had filled out Homeless, we operate monthly legal the right application, but when I moved, the City said it clinics at two shelters and one drop- did not know where I was. So they told us we had to file in center that provide legal another application. assistance to homeless persons who Mr. Barkin said that I would get the additional are on public assistance and want to payments. Then I stopped getting food stamps. So I called the City agency. The worker who answered become independent. This year the screamed at me and said, “I don’t know anything.” So I law firm of Heller Ehrman White & told him I would call my lawyer.