Last night the BBA’s Immigration Law Section held a CLE titled “Asylum: Application Through Appeal” where speakers led attendees through the entire life cycle of an asylum case and provided thorough review of the current law and standards of review. This CLE was a must for attorneys who want to understand the law as it applies to seekers of asylum and who are new to representing asylum clients.
Attorneys learn about the current laws and life cycle of an asylum case at the CLE “Asylum: Application Through Appeal.”
As our readers know, volunteer attorneys play a central role in these types of cases because asylum seekers often need pro bono representation. Beyond the Billable is always trying to help our lawyers find new ways to volunteer in the community, and it just so happens that two of the grantees of the Boston Bar Foundation (the BBA’s charitable arm) provide pro bono legal services to asylum seekers. Now it’s your turn. Read below for more:
Co-chair Kerry Spindler (Goulston & Storrs) will continue to work on follow up efforts to facilitate the transition to the MUPC and alleviate the burden on the courts. Click here to check out an article about this successful public service program.
My first court appearances as a new lawyer were in front of Judge Winik on pro bono matters, I was incredibly nervous, and I remember him being very patient as I stumbled through my arguments. While I certainly do not always prevail, I always get the sense that he appreciates that I am there trying to help someone who would otherwise be unrepresented. Judge Winik’s appreciation of the role volunteer attorneys’ play is clear in his willingness to speak regularly at BBA panels on housing law and to help new attorneys gain the confidence necessary to effectively represent low-income litigants at the Housing Court.
When asked to reflect on Judge Winik’s contributions to the Lawyer for a Day program, a few things stood out to me:
◊ Judge Winik has continued to help the Lawyer for a Day program increase available resources for pro se litigants, with the aim of achieving greater balance and fairness in judicial process even in a time of diminished resources.
◊ He has played a lead role in fostering the use of Limited Assistance Representation (LAR) in the Housing Court, in keeping with the SJC’s guidance.
◊ His example reminds all Lawyer for a Day program volunteers that JUSTICE is about PROCESS not about OUTCOMES.
◊ While being a staunch advocate for the program, Judge Winik has made clear that no ex parte communications of any kind relating to pending cases can be discussed in his presence; showing us all once again his commitment to fairness.
When thinking of Judge Winik’s contributions to the program, Virgil’s quote “None but himself can be his parallel.” comes to mind. The Lawyer for a Day program, the Boston Bar Association and the citizens of the Commonwealth owe Judge Winik a large debt of gratitude.
Judge Winik’s support for the Lawyer for the Day program has been unwavering, and its success is due in no small part to his efforts. When we served together on the Real Estate Pro Bono committee, he was always the calming voice, with the usually sensible suggestion that would lead us out of whatever argument we might be having with each other. After I was appointed to the Land Court, I had the great pleasure of getting to know Judge Winik as a colleague. He is still the calm voice of reason, with the same thoughtful outlook on issues, but with just maybe a bit more leeway to crack jokes! He’s been a great help to me in my first year on the bench. I’m so glad the BBA is honoring him for all his work to support access to justice.
I call Judge Winik’s courtroom the humiliation free zone. Knowing volunteers will not be “made to seem a fool” not only gives them comfort but also empowers litigants who will be appearing pro se. I suggest that new lawyers sit in on Judge Winik’s session to see what goes on there on Thursday eviction days. If Judge Winik notices that he has an audience, he will find them later or call them up to the bench and ask if they have any questions about what they have seen. This is no less than a thrill for the new attorneys, to be noticed and treated respectfully by a member of the judiciary.
I have taken to comparing Judge Winik to Bruce Springsteen for his rock star status among the Lawyer for the Day volunteers. When asked about the comparison, most volunteers have said they would prefer to have Judge Winik come to the Lawyer for the Day table with his advice, gratitude and humility. After all, they opine, Bruce can only sing. Judge Winik is truly THE BOSS.
It’s Thursday morning in the Boston Housing Court, which can only mean one thing – the halls are crowded with landlords and tenants involved in eviction cases. One table in particular, staffed by volunteers from the BBA’s Lawyer for a Day in the Housing Court, seems particularly jam-packed. It’s no wonder. In 2012 BBA volunteers and their partners assisted more than 1,000 litigants.
You may be asking yourselves how our volunteer lawyers have the time to reach so many people each and every Thursday. The answer — through Pro Bono Limited Assistance Representation (LAR). The Boston Housing Court authorized the use of LAR in November 2010, which allows attorneys to appear in court on a limited basis without assuming full representation of the client and all the legal issues that may be related to the legal matter. The benefit is threefold: lawyers who may not have the time to take entire pro bono cases can still assist those in need, LAR provides an opportunity for attorneys to gain valuable courtroom experience and most importantly, and more people with unresolved legal issues that require representation are getting the help they need.
We think the impact of LAR is clear, but don’t just take it from us:
LAR provides an important legal service to many unrepresented litigants who appear in the Boston Housing Court. LAR attorneys represent these litigants on a specific limited matter (that sometimes enables the litigant to resolve the case that day). Attorneys entering LAR appearances gain valuable practical courtroom experience arguing a discrete matter before a judge without having to enter a full appearance. LAR attorneys have been able to acquire new fee paying clients (or new clients with claims that allow for statutory attorney fees) base upon their limited appearances.– Hon. Jeffrey Winik, Boston Housing Court Department of the Trial Court
LAR gets attorneys in the courtroom with clients–so much more effective and powerful than just giving the client advice. Because the attorney is obligated only for that one event of the case, s/he can commit to courtroom advocacy without taking on a case for full representation case that does not fit in their schedule or their practice.–Joanna Allison, Volunteer Lawyers Project of the Boston Bar Association.
If you want to learn more about the BBA Lawyer for a Day in the Boston Housing Court please clear here. If you are interested in becoming LAR certified, please click here.
The current legal job market is one of the toughest the field has ever seen. The need for pro bono legal services continues to grow. More and more new lawyers are starting their own firms and looking for ways to develop their legal skills. Is there a way to reconcile all of these demands? Come to Building Your Practice Through Pro Bono and find out how three new lawyers have done just that.
Here is just a bit of what you will learn from these attorneys:
I started my landlord-tenant practice by volunteering through the BBA Lawyer for the Day in the Boston Housing Court Program. My first trial was a pro bono case that I accepted on the morning of trial. While I was moderately terrified to be conducting a trial with very little experience, I soon realized that my client was very grateful to have any attorney representing her, even one with limited experience. And even more surprising, the judge was also happy to deal with an attorney during the trial as opposed to a pro se litigant. Because I was clearly inexperienced, the judge was extra patient with me and as a result, not only was I able to help out a deserving client but I learned a great deal through the experience.
As I gained experience through pro bono cases, I started to build up my own caseload of paying clients, drawing upon what I learned through volunteering and taking advantage of the network of mentors and colleagues I had built up through my work.
Once my license arrived in the mail, I started the process of opening my practice. In my brief time networking with other solos, I have found most have difficulty with the business side of the practice: how to get enough clients, what to charge those clients, and where to meet them. My biggest obstacle was the product itself, what area of law to practice.
I knew what I didn’t want to do. I didn’t want to practice in criminal law, family law or personal injury. Not that there aren’t very deserving clients in those areas, or that there aren’t some truly amazing attorneys practicing this law, I just knew it wasn’t for me. I did, however, want to litigate. Looking back at my list of eliminations, one might notice the Venn Diagram of my options was rather narrow. From my perspective at the time, there was no overlap. Nevertheless, I began looking for pro bono opportunities to keep myself busy. Thankfully, I came across Volunteer Lawyers Project (VLP). Every Wednesday, VLP hosts a Fair Debt Collection Clinic at the Boston Municipal Court. Not only would they allow any attorney with a free Wednesday morning to actually represent clients in a civil litigation setting, but they train them to do it well. After my first appearance, I was hooked.
I have a large VLP caseload—three cases at a time plus I mentor two other volunteers—and, in return, the VLP staff often answer questions for me about my non-VLP cases. They also provide me templates of motions/Proposed findings/etc. for my non-VLP cases.
In addition to taking cases with VLP, their lunches are a great opportunity to network and bounce ideas off of more experienced attorneys. I attend the large lunches whenever I can, plus VLP hosts a small, monthly Family Law brownbag that I find invaluable. I have developed two mentors from that circle. Each time I come with a list of questions from my non-VLP cases, and they always get answered.
Click here for more information and to register for Building Your Practice Through Pro Bono, January 23 at 12:30 pm.
As 2012 comes to a close, we begin to shift our focus to the New Year with anticipation. For those of you looking to get more involved and give back to the Greater Boston Community in 2013, the BBA is offering a number of public service trainings and programs in January to give you a head start. Here are a few ways you can get involved:
• Receive Limited Assistance Referral Certification at the training on January 9th from 3-4:30 pm. You can sign up for the certification here. This program will certify participants as LAR attorneys and teach them the basics on going into court for a single event in a case. The training will be followed by two separate breakout sessions on Family and Probate Law and Land Court. You can sign up for the Probate and Family Court session here or the Land Court session here.
• Attend the M. Ellen Carpenter Financial Literacy Program training on January 14th from 4-6 pm. The program is partnership between the BBA and the United States Bankruptcy Court for the District of Massachusetts and teaches high school students how to make smart financial decisions. This opportunity offers volunteers of all backgrounds an opportunity to get involved in the community by teaching classes on topics that include personal finance, budgeting and using credit. The time commitment is just a few hours but the impact on these students is substantial. Sign up for the training here; however, the training is not mandatory.
• Join the New Lawyers and Tax Sections for an accelerated training session for the Volunteer Income Tax Assistance (VITA) program on January 16th from 4-8 pm. The program is coordinated locally by the Boston Earned Income Tax Credit Coalition and annually trains volunteers to prepare income tax returns for low income taxpayers at community sites in the greater Boston area. No previous experience is required and non-attorneys are welcome to participate. Please note that volunteers will need to complete the certification test separately. Please sign up for the training here.
• Learn how to build your practice while helping your community at the upcoming “Building Your Practice Through Pro Bono” event on January 23rd from 12:30- 1:30 pm. Please sign up here.
• Join the Bankruptcy Public Service Committee for the Chapter 7 Bankruptcy Training on January 24th from 4-7 pm. The program will cover the basics of preparing and filing a Chapter 7 consumer bankruptcy case for a pro bono debtor. The topics covered will include pre-filing considerations, preparation of the petition, schedules and statements, the 341 meeting of creditors, practice pointers and advice about handling a pro bono consumer bankruptcy case. Please sign up here.
For more information on the programs, please contact Katie D’Angelo, Public Service Programs Coordinator at email@example.com.
Emily Hodge, Choate, Hall & Stewart LLP, as part of Law Day in the Schools taught students about the importance of due process and access to justice at the Josiah Quincy Elementary School. In May 2012, 28 volunteers taught 580 students at 5 different schools about the field of law.
The Lawyer Referral Service (LRS), is the BBA’s largest public service program, with a specific commitment to reaching historically underserved populations. The LRS Program connects callers in need of legal assistance with qualified help from private attorneys, legal services agencies, government offices and community programs.
In its ninth year of producing young public interest leaders, the Public Interest Leadership Program selected an outstanding class of 14 up-and-coming leaders from the largest-ever applicant pool. The 2012-2013 class of the BBA’s Public Interest Leadership Program. L-R: Omar F. Gonzalez-Pagan, Staci Rubin, Benton B. Bodamer, Christopher T. Saccardi, Eric A. Haskell, Julia E. Devanthéry, Jacqueline Silva Anchondo, Emily F. Hodge, Meghan D. H. Walsh Raquel Webster and Daniel M. Routh.
The Mayor’s Youth Council, a partnership between the BBA, the Mayor’s Office and Northeastern University, gives young people the opportunity to reach out to other Boston teens. The BBA provides the Mayor’s Youth Council lawyer-mentors. Lisa Goodheart, Past President of the BBA with Mayor Thomas M. Menino at the 2012 Mayor’s Youth Council Reception at Northeastern University.
Larry DiCara, a partner at Nixon Peabody and former President of the Boston City Council conducted a mock City Council hearing with the 2012 Summer Jobs students. L-R: Tatenda Mundeke, Aubrey Griffin, Raymond Cen, Ashley Dixon, and Samantha Argon.
BBA President James D. Smeallie talked with 8th and 9th graders at Quincy Upper School during the Principal for A Day program on Tuesday, November 13th. The program allowed public and private sector leaders to better understand improvements and remaining challenges in the Boston public school system.
Steve Stein, Executive Director of Boston Debate League trained BBA volunteers to be judges at debate tournaments. The BBA entered into a partnership with Boston Debate League earlier this year.
A few weeks ago, I volunteered at the legal clinic at the Chelsea Soldiers’ Home and had the privilege of meeting a former World War II veteran who served in the South Pacific. My role was minor, as a staff attorney from Shelter Legal Services explained each of the legal documents in question. During this process, the client would intermittently interject with stories of his life and family which will stay with me for a lifetime. He shared his delight at being selected for the military band thinking he would not see combat, but then laughed as he told us that they, “shipped us off to the front anyway.” As I left the building, I couldn’t help but think how times are different and how lucky I am to be a lawyer. I felt privileged to meet these remarkable folks and help them, if only for a short time.
I’ve learned through my pro bono experiences with service members that they often have a lot bigger issues on their minds than just the legal issue in front of us and we need to be patient as attorneys. As a volunteer working with service members, I have been confronted with complex socioeconomic issues which are a different challenge from my day-to-day practice. Every time I take a case I always come away with a new appreciation for the service they provide us and am reminded to always be more patient with my clients. I think that these experiences have helped me to manage my other clients with more patience and empathy.
When volunteering with Shelter Legal Services or at a Yellow Ribbon Event, you are supported by the experts for the entirety of the volunteer session. There is no need for formal training; you just need to have an open mind and a willingness to serve those who risked their lives for us.
To find out more about the Yellow Ribbon Events or Shelter Legal Services please contact Katie D’Angelo at firstname.lastname@example.org.
Brian McLaughlin is the owner and sole proprietor of the Law Offices of Brian McLaughlin, specializing in the areas of education and family law. He is a Board Member at Shelter Legal Services and is a Yellow Ribbon panel attorney for the BBA.
In this season of reflection and gratitude, many people look for ways to give back. Here are a few upcoming opportunities to get more involved in the community:
(1) Participate in the Volunteer Income Tax Assistance (VITA) program and help low and moderate-income taxpayers fill out tax returns and offer consultations on special credits, such as Earned Income Tax Credit, Child Tax Credit, and Credit for the Elderly. You can learn more about how to get involved at the upcoming VITA information session.
(2) Teach high school students across Massachusetts about making informed and effective decisions regarding their finances through educational and experiential opportunities in the M. Ellen Carpenter Financial Literacy program. You can teach students about credit cards, checking accounts, budgeting, and more.
(3) Hire a local high school student for an 8-week internship at your law firm through our Summer Jobs program. Help students learn about the field of law and gain career experience.
The combined efforts of both GLAD and the AG’s Office have brought together an impressive network of lawyers to advance one of the most significant civil rights issues in recent history. What’s particularly meaningful for us is that the two honorees engaged the legal community as an advocate for greater Diversity and Inclusion both in Massachusetts and the nation.
This fight for civil rights for gay and lesbian couples in Massachusetts could be seen in a fundamental way as starting with a single pro bono case from the mid ‘80’s, Babets v. Johnston. It began with The Boston Globe breaking a story about two brothers in the foster care system placed with a gay couple, Babets and Jean. The very same day the story broke, the Dukakis administration removed the children from their home.
The couple’s sexual orientation was the sole reason the boys were removed from their home. No issues of neglect, abuse, or any sort of mistreatment were ever raised. After the children were removed, the administration approved a new DSS policy that essentially banned gays and lesbians from being foster parents.
From GLAD Website: Don Babets and David Jean (back) with GLAD attorney and Executive Director Kevin Cathcart (r) and co-counsel Tony Doniger Photo by Ellen Shub
Gay & Lesbian Advocates & Defenders started the legal fight to overturn this blatantly discriminatory policy and return the boys to their home. Today, there would be lawyers lining up around the block to help fight for this family, but in 1986, GLAD found it nearly impossible to find any support in the legal community. Attorney Anthony M. Doniger, a partner at Sugarman, Rogers, Barshak & Cohen, P.C. – later to become President of the Boston Bar Association –stepped up to the challenge and represented the plaintiffs in the case pro bono all the way up to the Massachusetts Supreme Judicial Court. The court rejected the claim of executive privilege asserted by the Dukakis administration in order to withhold documents related to the DSS policy banning gay and lesbians from being foster parents. This ruling allowed the plaintiffs to move forward on their suit to reverse the policy. The policy was ultimately reversed back to the “best interests of the child” standard and the initial suit was settled out of court.
The Beacon Award is celebrating the great work GLAD and the AG’s office have done to promote marriage equality not only in the Commonwealth, but across the nation. Every civil rights effort begins with small steps that, like pebbles dropped in a pond, send out ripples that ultimately can have profound impact. The Babets v. Johnston case is just one of those “pebbles” dropped just over 25 years ago.
Please join us on November 13 at 6:00 at the Liberty Hotel for the Beacon Award. The event is free but we do ask that you RSVP.