Transforming Lives Through the Law - New York City Bar Association

24 Pages·2003·1.1 MB·English

Just Causes
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
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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 itsel f. The Network executed immediately, but they needed me to drive the
truck.
introduced Henri Gueron, a retiring
I finally escaped by driving the truck through the
attorney who was seeking a full-time
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
Association and found my lawyer, Mr. Gueron.
City Bar Fund:
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.
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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.
City Bar Public Service Network and Refugee Assistance Staff (l to r):
Through Doctors of the World, we reached a doctor at
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.
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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
baby.
The
I went to live with my mother when I was six
Legal Clinic
months pregnant, but this proved to be a problem, too.
She had a household full of my siblings. Then I moved
for the
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
payments. Then I stopped getting food stamps. So I
are on public assistance and want to
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. And he said, “Go ahead,
call your lawyer.” Mr. Barkin wasn’t available, but I was
McAuliffe “adopted” the Latham
able to speak with his colleague, Ellen Lafferty. Ms.
Hotel, a family shelter run by the Lafferty was very persistent and the next day, she got the
Red Cross. Here is the story of one City to send me $324. I was very grateful for her help.
of the former residents and the Thank god, my situation is much better. I’m living in
an apartment in the East Bronx. It’s big enough for my
attorney who helped her:
baby and me. And now I have some money to get some
food and clothing for her.
I’ve taken a high school equivalency test, and I’m
waiting for the results. I’m trying very hard to improve
my situation. Right now, I want to work and am looking
for a job. I don’t want to be on welfare.
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Sam Barkin, volunteer lawyer for the We made an emergency application to have the money
City Bar Fund: My day job is securities fraud and put into her account. In November, she received over
professional liability litigation at Heller Ehrman White & $3,000 in retroactive benefits. Nevertheless, even though
McAuliffe. Since taking on the Legal Clinic for the she won her case, she is still not getting the correct
Homeless as a pro bono project, we’ve handled over 25 amount of benefits on a monthly basis.
public assistance cases.
The struggle continues…
A lot of the young women we work with at the
clinic have been abused by a boyfriend or a husband.
They usually have young kids and are not getting any
support. They despise welfare, and they want to get off
it. But they don't have the education. I don't think
most of the public knows this. They think these people
are undeserving.
We spend most of the time coping with the City's
bureaucracy. Ms. Guity's case is a prime example. When
she came to the clinic, she and her daughter were living
on $136 a month of public assistance. They were eligible
for $452 because of her baby. The City had no record of
her daughter’s birth. This was strange, because Ms. Guity
had met with her caseworker with her daughter and had
given the caseworker a copy of the birth certificate.
We went to the welfare center to file another copy
of Ms. Guity’s daughter’s birth certificate. Still, the City
took no action. The baby was still not being counted. We
then brought a proceeding, called a Fair Hearing, to
compel the City to correct the budget. Ms. Guity
testified, and she also brought her daughter. At her
hearing, the judge found for Ms. Guity. The City was Sam Barkin, volunteer lawyer for the City Bar Fund
ordered to add the daughter to the budget and to give
Ms. Guity retroactive benefits.
Still, the City failed to comply. The caseworker told
me that Ms.Guity would be getting the money soon.
Several weeks later, when the money still hadn’t arrived,
we called again and her caseworker told me, “Well, we're
very busy here.” The money had been authorized a
month ago, but the supervisor hadn't signed off.
Ultimately, we had to start enforcement proceedings.
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Mavis Ansemsro, Client: I am from Ghana, in West
Africa, and I came to the U.S. about 30 years ago. I am
59 and live in Brooklyn. I have been married for 32
years. My husband works for the NYC Transit
Authority. One morning, about six years ago, I noticed
he was packing his clothing. He said he was moving
out.
My husband hasn’t supported me. Not a dime. I’ve
had no help from him in six years - nothing at all. It’s
The Shield really hard if you haven’t worked in a very long time,
and you get just a little income and have bills to pay.
Program
It’s not easy at all. I’ve gone through a lot. I used to pick
up cans from the street. It was really hard for me.
The City Bar Fund’s Center for Self-Help,
All I’m getting is disability now. I’m trying to
In format ion, Educa t ion and Lega l
manage, but still it’s very hard. When I need to pay
Defense (SHIELD) program operates a bills, I borrow. I will have to keep borrowing. I hope to
city-wide telephone hotline, providing pay back all that I’ve borrowed.
legal information, referrals and brief My husband filed for divorce last July, I didn’t know
what to do. I couldn’t afford to hire a lawyer. When I
services to indigent and low-income
went to the court, they gave me the number of the City
New Yorkers who have nowhere else to
Bar Fund. A lawyer there, Judith Flamenbaum,
turn for legal assistance. SHIELD also informed me that I should come to their legal clinic.
She called me the night before to remind me. She likes
offers matrimonial clinics where staff and
to help people; she really loves her job. I appreciated it
vo l un t ee r s a s s i s t c l i en t s who a re very much. She keeps in touch to see how everything is
proceeding without representation in going.
divorce actions. Here is a typical story of At the clinic, the staff of the City Bar Fund helped
me to prepare an answer and a counterclaim to my
a New Yorker who received help through
husband’s divorce complaint. Oh, my goodness. This is
the SHIELD matrimonial clinics.
the most help I’ve ever had in my whole life. In fact, the
City Bar Fund has been wonderful.
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Judith Flamenbaum, Director of SHIELD Mavis is disabled. She walks with a cane, and it’s
Matrimonial Program: Mavis Ansemsro has such a very difficult for her to get around. It was hard enough
sad story. It was nice to be able to help her because for her to walk down the long hallway just to come to
there is something that is so good about her. She’s a the office. She cannot work. It’s hand-to-mouth living.
jolly, wonderful woman who is making lemonade out of She doesn’t complain, and does what she has to, but her
lemon. She just wants her fair share. She took care of husband has assets. There are properties, and hopefully,
this man, waited on him hand and foot, “buttered his Mavis will have a claim on them.
bread,” as she often puts it.
She’s okay now; she’ll get her fair share. We’re
She had been served with divorce papers, and we hoping that eventually there will be a settlement. Her
prepared a response so her husband couldn’t get a husband will be retiring soon, and she will be entitled by
default divorce. She got a copy of the complaint, and one law to some of his pension.
of our volunteer attorneys prepared an answer.
Judith Flamenbaum and Mavis Ansemsro
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Immigrant Women and Children’s Project
The threat of deportation is often an immigrant’s
greatest fear. This tactic is frequently used by men who
abuse their wives. Few women know that they can
seek relief under the federal Violence Against Women
Act (“VAWA”). Our staff and volunteers help immigrant
victims of domestic violence legalize their immigration
status without the cooperation of their batterers. We
also provide advice and legal representation to
immigrants seeking relief under the Victims of
Trafficking and Violence Protection Act of 2000. Last
year, we helped 489 women and children, 150 of
whom obtained work authorizations, adjustment of
legal status or green cards.
Other
Cancer Advocacy Project
City Bar Fund Cancer patients and survivors face extraordinary
demands as a result of their illness. These difficulties
PPrrooggrraammss are compounded when insurance companies refuse to
pay for treatment, when employers discriminate, or
when cancer patients and survivors have difficulty
In addition to the City Bar Public navigating the public benefits system and are worried
about who will take care of their minor children should
Se r v i c e Ne two r k , t he Re fugee
they become unable. The Cancer Advocacy Project
Assistance Project, the Legal Clinic for provides cancer patients with legal assistance on issues
relating to discrimination in the workplace, health law,
the Homeless and the SHIELD
insurance coverage, and wills. Last year, we helped
matrimonial clinics, the City Bar Fund 232 cancer patients and their families.
transforms lives through the following
projects: Elderlaw Project
As they age, poor New Yorkers face bewildering legal
problems that relate to such basic needs as housing,
healthcare, and finances. The Elderlaw Project reaches
out to senior citizens through legal clinics and
community forums held at senior centers, residences
and single room occupancy hotels. Our services also
include the Senior Housing Protection Project that
provides free legal assistance to low-income senior
homeowners and renters who need to commence
eviction proceedings against abusive tenants or
roommates. Last year, we helped 403 seniors.
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Small Business Initiative SHIELD Legal Hotline
Through the Small Business Initiative, the City Bar Fund Now in its sixth year, SHIELD serves as an entry point
promotes entrepreneurship by conducting legal to legal assistance for low-income New Yorkers. Five
seminars and clinics for small businesses throughout mornings a week, staff and volunteers offer low-income
New York City. Last year, we helped 800 small New Yorkers free information, advice and referrals to
businesses affected by the September 11th tragedy. other legal services through the hotline. Last year,
nearly 12,000 calls were answered. SHIELD also
provides uncontested and contested divorce clinics,
where clients can receive help filing court forms, and
Law-Related Education Project/Lawyers in
get advice on property and child visitation rights.
the Classroom
This critical four-year-old education program provides a
basic primer for city students about how our justice
system works. The students learn about courtroom LAWHELP
procedures and the law from volunteer attorneys and LAWHELP.ORG is a website designed to improve
judges. Last year, 50 lawyers and judges made access to legal resources for low-income people in New
presentations in junior high schools and afterschool York City. The site combines a comprehensive database
programs, reaching over 1,500 children. of legal services providers with customized search
engines for quick, accurate referrals. The website also
provides legal information to clients. LAWHELP is a
collaborative project of the City Bar Fund, Pro Bono
Net, Legal Services for New York City, The Legal Aid
Society of New York and Volunteers of Legal Service.
th
September 11 Legal Initiative
th
With its September 11 Legal Initiative, the City Bar
Fund offers free legal assistance to individuals and
small businesses directly affected by the tragic events of
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September 11 . Since the initiative began, we have
trained approximately 3,000 volunteers and have
Chief Judge Judith S. Kaye with students from the assisted about 1,760 individuals and families and 800
Law-Related Education Project.
small businesses.
Housing Court Summer Assistance Project
The project provides law students with a volunteer
experience in Housing Court where they advise
unrepresented parties about their legal rights in housing
disputes. Last year, nearly 700 people were helped.
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