Making a Difference Through Pro Bono Seymour W
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NEW YORK STATE BAR ASSOCIATION Pro Bono News Special Edition 2013 Vol. 23 No. 2 Making a Difference Through Pro Bono Seymour W. James, Jr.* President, New York State Bar Association difference, not only in the lives of the by designating them Empire State Our theme at people involved in life-changing legal Counsel®. Our Empire State Counsel® the New York matters, but also on the proper func- program honors members who have State Bar Asso- tioning of our entire justice system. performed 50 or more hours of pro ciation this year Every year, millions of New York- bono activities during a calendar year. is “Making a ers are forced to navigate the civil In 2012, 1,606 attorneys enrolled in the Difference.” As justice system without any represen- program, donating 294,218 hours of attorneys, one of tation. People face home foreclosure free legal services to people in need. the most mean- proceedings, eviction, family court We appreciate the opportunity to ingful ways we cases and other complex and life- recognize the many attorneys who James can make a dif- changing legal matters, without a represent our profession at its best, ference in our lawyer to turn to for help. With the and we thank you for the good you communities is by serving people growing unmet need for free legal do. If you believe you may be eligible in need. Our ability to provide free representation, pro bono service plays for Empire State Counsel® honors, I legal assistance to people working to a critical role in providing access to encourage you to visit our website maintain basic life necessities is not justice to low-income individuals and at www.nysba.org/probono to learn only a professional duty, but a great the working poor. more and allow us to recognize your privilege. It provides an opportunity We know that pro bono alone contributions. to have a significant positive impact can’t adequately address the growing on the lives of individuals and fami- unmet need for free representation. lies, and to support organizations that That is why the State Bar will contin- provide services to the poor. ue to urge lawmakers to provide suf- Today, pro bono service is more ficient funding for organizations that important than ever. Lingering eco- provide free legal services to the poor. nomic challenges continue to have a But to the individuals and families dramatic impact on the lives of indi- who are able to benefit from pro bono viduals and the organizations that service, a single attorney’s contribu- serve them, as well as our courts and tion of time and energy can make all our government as a whole. Many the difference in the world. people face difficult legal issues We are so grateful to those of you related to economic hardship, and who have shared your talent and are unable to afford an attorney. At experience with people in need and the same time, the economic crisis are proud of your work. Each year, has led to massive cuts in funding the State Bar recognizes our members for civil legal service providers. Pro who have gone above and beyond in bono service can make a tremendous providing pro bono representation Published by the Department of Pro Bono Affairs www.nysba.org/probono Inside: Congratulations 2012 A Case that Makes a Lawyer’s Life ® Meaningful 26 Empire State Counsel ! Asylum Case Presents Unexpected Challenges 11 Gloria Herron Arthur*, Director, Pro Bono Affairs Charts 25 Those of you or volunteer lawyer project supervi- Class Action Litigation Provides Opportunity for who labor on sors may submit a list of attorneys who Associate to Advance Skills 23 the front lines meet the above criteria. The Depart- Client Testimonial 4 delivering civil ment of Pro Bono Affairs verifies each Congratulations Empire State Counsel®! 2 legal services to applicant’s status as a member of the the poor deeply Association. The 2013 Empire State Corporate Attorney Tackles ERISA Claim 6 appreciate the Counsel® Program Verification form is Distinguished 2012 Empire State Counsel® contributions of available on-line now at www.nysba. Award Recipients 32 pro bono volun- org/probono. Entry Level Associate Rises to Challenges teers. Pro Bono This issue of the Pro Bono Newslet- Presented by Immigration Case 4 Herron Arthur attorneys are ter is dedicated to the 2012 Empire First Time Participants in the Empire State indispensable State Counsel® Honorees. 1,606 Asso- Counsel® Program 31 in the fight to ensure access to justice ciation members earned the honorific ® Foster Home Litigation 8 for our most vulnerable and needy designation of Empire State Counsel residents. Most programs could not and collectively contributed more than Making a Difference through Pro Bono 1 operate without pro bono volunteers. 294,000 hours of free legal services Morrison & Foerster Empire State Counsel® Despite the tremendous outpouring during the past year. Since the program Produce Superstorm Sandy Helping Handbook of pro bono support an astonishing was first launched seven years ago 7 80% of low income persons’ civil legal in 2006, 8,503 Association members New York City’s Plan for the Provision of Indigent needs are unmet. have collectively donated close to 1.3 Defense 24 The Association’s motto has long million pro bono hours! Nixon Peabody Targets Gun Violence 5 been “Do the public good. Do pro The Association’s theme this year Photos from 2013 Justice for All Luncheon 12 bono.” The Association promotes pro is “Making a Difference” and what a Pro Bono: Carry the Message 9 bono participation through a variety of significant difference the Empire State recruitment and recognition programs, Counsel® Honorees have made! Empire Pro Bono Counsel: A Key Link Between Law like the Empire State Counsel® Program. State Counsel® change their clients’ Firms and Legal Services 28 The Empire State Counsel® Pro- lives; and in turn, their own lives are Pro Bono Has Made Me a Better Attorney gram is the only NYSBA recognition transformed. Inside this issue, some of and Person 3 program exclusively reserved for the Empire State Counsel® share their Pro Bono – Positively Changing Society One Case Association members who, during the pro bono experiences – lessons learned, at a Time 6 calendar year, contribute 50 hours or experience gained and triumphs Pro Bono Work Provides Real World On Your Feet more of free legal services to persons of achieved! Some tackled asylum cases; Learning Experience 29 limited financial means; or to an orga- others worked on significant impact Successful Asylum Application Reunites a Family nization whose services are designed litigation cases; while others learned it 30 primarily to address the legal and takes time, patience and persistence to The Importance of Pro Bono 3 other basic needs of persons of limited earn a client’s trust. Whether solo prac- financial means; or provide free legal titioners, law firm associates or law Transgender Name Change Cases at Sullivan & Cromwell LLP 28 representation to an organization dedi- school professors — all agreed that the cated to increasing the availability of pro bono experience was worthwhile Work on Immigration Asylum Case Provides legal services to vulnerable and or and worth repeating. Invaluable Learning Experience While Positively Impacting Client’s Life 10 low-income individuals. We are grateful also to the clients Each Honoree receives a certificate who shared their thoughts about their ® 2012 Empire State Counsel 14 suitable for framing and the signature pro bono experience. Pro bono clients’ 2012 Photo Gallery 36 Empire State Counsel® lapel pin. – like all clients – value attorneys who Honorees also may use the honorific listen to them, who take the time to title as a credential on their resume. answer their questions and who treat An asterisk appears next to the name of NYSBA To enroll as an Empire State Coun- them with respect and dignity. members who contributed to writing of an article sel® is easy. Individual attorneys may or who worked on one of the many diverse legal projects highlighted in this issue. complete the attorney verification form, law firm pro bono counsel, and Continued on page 8 2 Pro Bono News/Special Edition 2013 The Importance of Pro Bono Hon. Jonathan Lippman*, Chief Judge, State of New York Participating of time to serving low-income, vulner- still meeting only 20 percent of the in events that able and disadvantaged individuals. needs of low-income New Yorkers for recognize and Several highlights about the 2012 civil legal services. celebrate the Honorees were particularly encourag- That realization has been the impetus good works of ing. More than 20 firms were first- for several recent initiatives designed members of our time Empire State Counsel® partici- to encourage pro bono services from all noble profes- pants in 2012. Of the more than 1,000 levels of the profession: for all lawyers, sion is always a individual Honorees, many performed by increasing the Rules of Professional delight for me, so significantly more than the qualifying Conduct aspirational goal for pro bono I am pleased that 50-hour minimum of pro bono service, legal services to the poor from 20 to 50 Lippman this follow up to and some performed that number hours a year, and requiring pro bono my remarks at the January “Justice for many times over. To give just two reporting with each attorney’s bien- All” award luncheon will be included examples, 28 Solo Practitioner Honor- nial registration; for senior lawyers, in the Special Edition of the Pro Bono ees averaged more than 200 hours per by establishing the Attorney Emeritus Newsletter recognizing the contribu- attorney, and two individual recipi- program to make pro bono work more tions of the 2012 Empire State Coun- ents of Distinguished Awards donated convenient; and for lawyers-to-be, by sel® Honorees.