April, 2014 | Issue IV Newsletter Clinical and Pro Bono Programs LEARNING THE LAW | SERVING THE WORLD IN THIS ISSUE: Center for Health Law & Policy Innovation Judicial Process in Community Courts Clinic Clinical Spotlight Law Student Ethics Award Cyberlaw Clinic Project No One Leaves Family and Domestic Violence Law Clinic Semester in Washington Gary Bellow Public Service Award Shareholder Rights Project Harvard Legal Aid Bureau Sports Law Clinic Harvard Immigration & Refugee Clinic Tenant Advocacy Project Harvard Negotiation & Mediation Clinical Program Teaching Excellence Award Housing Law Clinic CLINICAL AND PRO BONO PROGRAMS PAGE 1 HARVARD LEGAL AID BUREAU HLAB Students Win a Quarter of a Million Dollars By Carolina Kupferman, J.D. ’15 My legs were shaking under me as I stood up in front of office until the early hours of the morning for days in a the judge to give my opening statement. My speech in row looking through documents, searching for front of me, an assortment of possible objections jotted inconsistencies, conceptualizing the financial fraud, and down on post-it notes, and a 3-inch binder of documents I picturing every instance of abuse. scoured for days were my only available weapons. On the day of trial, we argued that the house and bank After just a few weeks at the Harvard Legal Aid Bureau, I account were marital assets and our client deserved 50% had my first trial. I had only three weeks of Evidence class of the equity in the house and the 401K, and the money under my belt, plus one motion hearing I argued in front of removed from their bank account. I remember the trial as a a judge. Yet, here I stood, the “first chair” in a divorce whirlwind, and found it particularly amusing to sit in class case that included issues ranging from financial assets to afterwards on lectures of black-letter evidence law that I child custody, visitation, and support. My case involved a had learned through my baptism by fire. woman whose husband had physically and psychologically abused her for the past two decades. He Months later, we received the judgment. As I read through had threatened to kill her, repeatedly slammed her head each paragraph, I could not into a car, stalked her, believe the words on the frequently punched her, and page. My client obtained more. They had moved 60% of her ex-husband’s together into his mother’s 401K from the time of their large Newton home that marriage, 50% of the money was going to one day be taken from the joint bank theirs, and his name had account, a favorable gone on the home along custody/visitation/support with his mother’s. The day arrangement and 50% of the after she moved out of the significant equity in the home to escape the abuse, house. I cannot describe he moved thousands of how wonderful it felt to read dollars from their joint the judgment and then show bank account; weeks later the result to my client. he transferred the home into a trust in solely his Stephanie Goldenhersh, HLAB Clinical Instructor, & Carolina Kupferman It is often very difficult to be mother’s name. My client a student-attorney. When barely had an income, and had to take care of two everyone else has finished class and can relax, you are still children, one with disabilities. thinking about your cases and your clients. The burden rests on your shoulders, and if you mess up, it is In the weeks prior to trial, I worked closely with my someone’s actual life at risk. Now, the husband’s attorney client, hearing the story as she told it, as she had lived it. has filed a Notice of Appeal. HLAB has been retained to Listening to her carefully describe defend the judgment through the each and every attack against her, “… when you see the appellate process. each slandering term he screamed at her, I saw her strength. I saw how she positive results you can Sometimes you wish you did not have had given up everything to make a bring about, the change you that responsibility, but when you see better life for her children, and how can bring to someone’s life, the positive results you can bring her husband was trying to take it all about, the change you can bring to from her. We practiced questioning it makes it all worthwhile” someone’s life, it makes it all her and tried to prepare her for how worthwhile. All the work. All the cross-examination would feel. stress. All the crazy hours. All the practice and preparation. It was all worth it. After she went home, my trial team—which included my 3L co-counsel and my clinical instructor—stayed at the LEARNING THE LAW | SERVING THE WORLD PAGE 2 TENANT ADVOCACY PROJECT Student Wins Hearing for Housing Client By Amanda Morejon, J.D. ’16 When I accepted my first case with the Tenant gathered additional letters of support, analyzed the Advocacy Project, it seemed straightforward enough. BHA’s Admissions & Continued Occupancy Policy My client, a wheel-chair dependent man in his late 60s, (ACOP), researched similar cases with favorable had applied to the Boston Housing Authority’s Public outcomes, drafted direct examination questions for my Housing Program several years ago. In the last few years client, and wrote my closing argument. In the two weeks he had become very active in his church and leading up to the hearing, I went over the material with neighborhood community and maintained his skills as a him, reviewed his criminal record, and discussed the former chef. After moving to the top of the wait-list and changes he had made in his life after his last conviction. passing all the neighbor screenings and financial My client’s testimony would serve as the strongest requirements, his application source of mitigating was denied due to an old evidence so ensuring he felt criminal record. comfortable answering my direct examination questions My first thought was that the was hugely important. Boston Housing Authority (BHA) simply did not On the day of the hearing, realize that my client had everything came together. changed his life. I imagined My client was able to clearly that once the BHA saw the communicate with the mitigating evidence, their Hearing Officer and opinion of my client would answered both my questions change. I was surprised to and her questions directly. find that they had already His thoughtful character and reviewed letters of support commitment to his from his former employers and letters from his church community shone through in his testimony. His cousin community. I quickly learned that the Occupancy and his close friend both attended and testified regarding Department at the BHA will not approve an applicant his character. Sixteen business days later we received the who has any criminal record no matter how decision and the denial of public housing was minor or how old the record is. overturned. This wonderful news Fortunately, my client could “Sixteen business days later we meant that my client was placed appeal the decision and contacted back at the top of the wait-list. the Tenant Advocacy Project. received the decision and the denial of public housing was Without the guidance of my I was assigned to his case in overturned. This wonderful supervisor, the general support September and almost four months from the TAP community, and my later (a day before my last exam) news meant that my client was client’s trust and patience, we may we were informed that the Appeal placed back at the top of the not have achieved this outcome. Hearing would take place in two wait-list.” Knowing that unfair decisions can weeks, on the first day that be overturned and indigent students returned to campus from winter break. individuals like my client can have their voices heard has given me much hope and confidence. With due With the guidance of my supervisor, Lynn Weissberg, diligence we can work to ensure that people’s rights to I prepared the case for our hearing. I compiled the receive public housing are protected. mitigating evidence and character reference letters, CLINICAL AND PRO BONO PROGRAMS PAGE 3 JUDICIAL PROCESS IN COMMUNITY COURTS CLINIC Students Help Federal District Court Judges Lauren added that the experience has also prepared her Two of the fifteen students for post-graduation plans: “I’m clerking on a federal enrolled in the Judicial court when I graduate, so it has been a particularly Process in Community valuable learning experience—and, frankly, a delight—to Courts Clinic, Lauren observe and work alongside Judge Young and his Moxley (2L) and Andrew fabulous clerks.” Spore (2L), have had the unique experience of Andrew Spore is interning in the same court with Hon. interning in federal district Denise J. Casper. “It has been enlightening,” he said. “In court. Through their clinical addition to observing court proceedings, I have placements, Lauren and researched and drafted orders related to various Rule 12 Andrew have had the defenses, some with very interesting facts. Closely opportunity to observe observing the decision-maker at work has been a great judicial proceedings, per- experience and has helped me better understand the role form legal research, write of the trial advocate. As a law student, it is easy to bench memos, proof read sometimes feel an indeterminacy in the law as we are Lauren Moxley, J.D. ’15 orders and opinions, and encouraged to argue every issue from both sides. It has even draft legal opinions. been a nice change to be in the position of coming down The experience has proven enriching to Lauren and Andrew, definitely on one side.