HARVARD LAW SCHOOL CELEBRATES NATIONAL PRO BONO WEEK
CLINICAL AND PRO BONO PROGRAMS LEARNING THE LAW | SERVING THE WORLD NEWSLETTER October, 2014
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Celebrating Our Pro Bono Champions INTERVIEWS WITH THE ANDREW L. KAUFMAN PRO BONO SERVICE AWARD WINNERS In celebration of the National Pro Bono Week, the Office of Clinical and Pro Bono Programs interviewed past winners of the HLS Andrew L. Kaufman Pro Bono Service Award who were chosen for their excellence and extraordinary contributions to the public good. Mira Edmonds, HLS ’07, is a Visiting Associate Professor of Clinical Law at George Washington University Law School. At HLS, she completed 2,114 hours of pro bono work with the Harvard Prison Legal Assistance Project and the Harvard Legal Aid Bureau (HLAB). Lam Ho, HLS ’08, is the Executive Director at Community Activism Law Alliance and completed over 3,000 hours of pro bono work with Harvard Defenders and the Harvard Legal Aid Bureau. And, Kimberly Newberry, HLS ’14, completed over 2,300 hours of pro bono work with Harvard Defenders, Harvard Prison Legal Assistance Project (PLAP), the Criminal Justice Institute (CJI), the Housing Clinic, and the Capital Punishment Clinic. Please read the interviews with Mira, Lam, and Kimberly below. INTERVIEW WITH MIRA EDMONDS, HLS ’07
OCP: Why did you choose to I was asked to reflect on how I could have done better. study law and what sparked your interest in pro bono work? OCP: What do you find most challenging and satisfying about pro bono work? Edmonds: I decided to study law because it seemed like many of Edmonds: Working with clients! Working with clients is so the people I admired as social often the most challenging part of pro bono work, particularly change agents were lawyers and in the work I have chosen to do, because so many of them the practice of law seemed like have had really rotten luck in life and consequently assume one of the best ways to fight for that the system is going to give them yet another raw deal, and justice. I can't exactly say what unfortunately, I am often seen as part of that system. But the sparked my interest in pro bono opportunity to improve a client's life by some modest work since that is redundant with modicum, or even to help them to turn it around in some my interest in law. It never cases, is so satisfying. Mira Edmonds, HLS ’07 occurred to me that I would work for a client who could afford to pay me. I was only ever OCP: Did your involvement with pro bono work interested in representing people who would not be able to influence or change you long terms goals? pay me because they would be the ones who would most need my services. Edmonds: I wouldn't say my pro bono work changed my long term goals, so much as fortifying them. I came into law school OCP: What were your biggest learning experiences at wanting to do public interest work with every ounce of my HLS? being, and yet the pressure to go to a firm is so strong that even I participated in on-campus interviewing. The Edmonds: I was fortunate to have extraordinary mentors and availability of summer funding from HLS enabled me to turn teachers both during my summer internships and during my down the firm offers I received and spend my second summer two years as a student-attorney at the Harvard Legal Aid at a public defender office instead, which is the field I entered Bureau. I probably learned the most from my mistakes -- upon graduation. I certainly could not have imagined that cathings I did which still make me blush, but which my clinical reer, or been prepared for it, without that summer experience. supervisors helped me to reflect upon and learn from. Above And my experience at HLAB was so influential that I am now all, my clinical experience, which is where I did most of my doing a clinical teaching fellowship through which I hope to pro bono hours, taught me how to be self-reflective about my teach and mentor and inspire a new generation of law students practice, so that no experience went wasted. In any situation, the way my clinical instructors at the Bureau did for me. whether I performed well or performed poorly, PRO BONO HOURS AT HARVARD LAW SCHOOL CLASS OF 2014 - 341,951 hours completed
CLASS OF 2011 - 366,204 hours completed
CLASS OF 2013 - 342,069 hours completed
CLASS OF 2010 - 329,934 hours completed
CLASS OF 2012 - 352,120 hours completed
CLASS OF 2009 - 308,605 hours completed
3,025,466 TOTAL PRO BONO HOURS COMPLETED AT HARVARD LAW SCHOOL SINCE THE YEAR OF 2005
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INTERVIEW WITH LAM HO, HLS ’08
OCP: Why did you choose to study law and what sparked your Alliance) is based, focuses on how lawyers can create powerful collaborations with activists and social movements to produce more interest in pro bono work? meaningful, greater impact than what they can achieve alone in the Ho: I knew from a very young age that I wanted to be an attorney courtroom. working with disadvantaged populations because of my personal background, which exposed me to many OCP: What do you find most challenging and examples of how unequal access to justice is in our satisfying about pro bono work? country, including my mother, a victim of domestic violence, who was an even greater victim to our legal Ho: Obviously the most satisfying is the assistance that we system due to her gender, immigrant status, and inability can provide our clients. The moment when our to speak English. clients realize they've won are the moments that keep us going. The most challenging is the sheer magnitude and extent of injustices that exist, and the comparative tininess OCP: What do you think the biggest learning of resources available with which to fight them: both in experiences were? Lam Ho, HLS ’08 terms of financial and human capacity. Ho: For me personally, discovering and negotiating the limitations of "the law." By acknowledging that the legal system can sometimes be OCP: Did your involvement with pro bono work influence or slow, unfair, inequitable, or ineffectual for creating true social change you long terms goals? change, I opened myself to, and learned to push the boundaries, of what "lawyering" is. My work now is focused on how much more Ho: It definitely affirmed my childhood dream of becoming a public lawyers can do: besides filing lawsuits, reading statutes, and arguing interest attorney, but more importantly, it gave me greater clarity on in courts. In particular, "community activism lawyering," the model how to pursue and realize the dream, filling in the details and colors on which my new organization (the Community Activism Law of the vision. INTERVIEW WITH KIMBERLY NEWBERRY, HLS ’14
OCP: Why did you choose to study law and what sparked your interest in pro bono work?
OCP: What do you find most challenging and satisfying about pro bono work?
Newberry: I wanted to study law because I believe that it is one of the most effective ways to implement change, whether it is for an individual client or for an entire group of people. Our legal system has so much power to make a difference, but there is often a major gap between the services available or the potential strategies and the people who need those services and strategies the most. I felt that earning a law degree was a way that I could personally help address that gap in an area that I feel extremely passionate about. As someone who knew coming in to law school that I wanted to go into public interest law, it was also important to me to do pro bono work throughout school so that I could best prepare myself for what I wanted to do after graduation.
Newberry: For me, the most challenging and most satisfying part of pro bono work is the same thing - the clients. For a variety of reasons, it can be difficult to work with the clients sometimes, whether they have an inherent distrust of anyone involved in the system - including their own lawyers’ or language barriers, or differing priorities, etc. Pro bono work involves a lot of actual legal work, but maintaining client relationships can be the hardest, and most emotional, task. But then when you do get on the same page and you finally earn someone’s trust or get a positive outcome in the case, it is definitely satisfying to know that it all paid off. Sometimes it feels like a smile from a client is a bigger achievement than a win in court - although it is great to get both, too.
OCP: What do you think the biggest learning experiences were? Kimberly Newberry, HLS ’14 Newberry: The biggest learning experiences were any that gave me an opportunity to appear in court. Having the chance to go to court as a student was extremely valuable because I do not think I will ever have that level of supervision and support as I often had in my clinics, while at the same time having some degree of responsibility over certain decisions so that I could still learn and take ownership over what I was doing. That is a combination that I think is difficult to replicate once you have a real job. Additionally, going through an entire jury trial before I graduated was a great way to get out of my comfort zone and feel more confident in my post-graduate work. Besides the laundry list of practical skills I developed along the way, becoming an actual attorney is less intimidating now that I have had that experience.
OCP: Did your involvement with pro bono work influence or change you long terms goals?
Newberry: I came in knowing that I wanted to go into death penalty appeals, so while my pro bono experiences in law school did not enlighten me as to a specific career path, they did help me confirm my goals and develop the skills I needed to feel prepared for this type of work after graduation. It was really helpful to have multiple opportunities throughout law school to try different types of defense work and interact with the criminal justice system at different stages - the beginning of the process through trial in CJI, appellate work in the death penalty clinic, and parole hearings through PLAP. Having these different experiences helped me feel more confident in my decision that I most enjoy appellate work, and it also gave me broader knowledge of the system as a whole that I hope will benefit my work and my future clients.
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HLS ALUM EMPHASIZES THE NEED AND VALUE OF PRO BONO WORK By Eric Ruzicka, HLS ’01 Partner, Dorsey & Whitney LLP
I will never forget the morning of my first class at Harvard Law School. 8:30 a.m., Civil Procedure, with Professor Arthur Miller. Truthfully, I found the event more fear inducing than inspirational. Yet, I was always in awe while sitting in a historic classroom learning the law from world renowned professors.
be shot by a cop. While his motive was clear – he knew the home was vacant for the season, knew the home was equipped with an alarm, and only stole a single pair of socks – this dark night left my client unable to find meaningful employment or consistent housing.
Quickly, I learned what I didn’t realize while at HLS. However, one of the bigger regrets I have concerning First, the unmet need for legal services is significant my years at Harvard Law School is not participating in and requires the attention of every lawyer. Second, one of the Clinical Programs. While the Clinical despite being in my first week of practicing law, I had a Programs were not as developed then as lot to offer my client. At a minimum, I they are now, there were still many had the ability to understand the legal excellent opportunities. I can recall process that he needed to navigate and thinking at the time that I only had three the skill to persuasively present his years at HLS and that my time was best story. spent in the classroom. I also recall my concern that as a law student, there Currently, I serve as the pro bono wasn’t much I could offer the partner for Dorsey & Whitney, overseeindividuals served by the clinics. After ing the pro bono program in all of our all, I was just learning the law and offices. In this role I am reminded on a certainly didn’t know what it meant to daily basis of both the never-ending unmet need for pro bono legal services be a lawyer yet. as well as the amazing benefit that It did not take long after graduation to lawyers can provide. Sometimes, the Eric Ruzicka, HLS ’01 realize how wrong I was about the most important component of providing clinical programs. My first day as an pro bono services is simply letting the associate, I was given an assignment by a senior partner client know they have someone that is there for them to draft a complaint in a contract dispute. After walking and on their side. For these reasons, I strongly me through what needed to be done, he explained that if encourage students to get involved in the Clinical I was going to work with him on the contract dispute, I Programs at HLS. You will find the experience to be a also needed to take on a pro bono matter and that he great opportunity to learn how to work with clients and hoped I would always be working on at least one pro advocate on their behalf. But even more so, you may bono matter while at the firm. With very little guidance, find it to be the most rewarding and inspiring I then found myself assisting a client in expunging his experience in your HLS years. criminal record. Years ago, while battling depression, my client had broken into a home in a misguided plan to
“I am reminded on a daily basis of both the never-ending unmet need for pro bono legal services as well as the amazing benefit that lawyers can provide.” Eric Ruzicka, HLS ’01
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A PRO BONO ROLE MODEL AND CHAMPION: EDWARD M. GINSBURG ’58 Via the American Bar Association
On August 9th, 2014, at the ABA Annual Meeting in Boston, the Hon. Edward M. Ginsburg (Ret.) received an ABA Pro Bono Publico Award. This award honors those who have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor. Judge – you make us proud!
the practice of family law in Massachusetts. He also writes the popular and sometimes provocative Ask the Judge column for Massachusetts Lawyers Weekly. Judge Ginsburg is member of Massachusetts Chapter of the Academy of Matrimonial Lawyers, and the Massachusetts Family and Probate American Inn of Court.
Via the American Bar Association Edward M. Ginsburg was an Associate Justice of the Massachusetts Probate and Family Court for nearly 25 years. Prior to his appointment to the judiciary, Judge Ginsburg ran his own private law practice for 18 years. Upon his retirement from the bench in 2002, Judge Ginsburg founded the pro bono program Senior Partners for Justice in cooperation with the Volunteer Lawyers Project of the Boston Bar Association. Senior Partners has grown to more than 1000 members including attorneys, retired judges, and law students. Among the attorneys are many experienced family law practitioners who represent low-income clients and mentor newer attorneys.
A valued member of the legal community and a true citizen of the world, Judge Ginsburg has served in leadership roles of many legal and civic organizations. He is one of the longest serving members of the Board of Editors of Massachusetts Lawyers Weekly; a longstanding member of the Mental Health Legal Advisors Committee; and Trustee Emeritus of the Flaschner Foundation Judicial Institute. He was selected by the Supreme Judicial Court Steering Committee on Self-Represented Litigants to chair the Limited Assistance Representation Advisory Group which designed the first LAR pilot project in Massachusetts. Outside the legal world, Judge Ginsburg served on the Board of Trustees of World Education, Inc. and World Learning, Inc. where he now has Emeritus status.
In addition to his busy pro bono Judge Edward M. Ginsburg (Retired), career with Senior Partners for Senior Partners for Justice Judge Ginsburg has received Justice, Judge Ginsburg serves as many awards honoring his a mentor to the family law unit of Community Legal Aid, a legal services organization excellence as a jurist, educator, and force for furthering that provides free legal assistance to low-income access to justice for all. Lawyers Weekly named him residents of Central and Western Massachusetts. He is Lawyer of the Year in 2004. In 2005, the Supreme also an adjunct professor at both Boston College Law Judicial Court Standing Committee on Pro Bono School and Suffolk University Law School, where he selected him for the prestigious John and John Quincy has taught trial practice and family law for many years. Adams Pro Bono Public Award. Also in 2005, the Judge Ginsburg has taught and continues to teach Boston Globe named Judge Ginsburg Bostonian of the numerous continuing legal education programs for year for his revelations about leaks in Big Dig tunnels Suffolk University Law School, Massachusetts which he discovered while leading efforts in 2002 to Continuing Legal Education, the Boston Bar 2005 to recover costs from Big Dig contractors. He is a Association and the Massachusetts Bar Association. A graduate of Philips Exeter Academy, Harvard College, thought leader before there was such a term, his and Harvard Law School. published articles and book chapters have helped shape
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TENANT ADVOCACY PROJECT
STUDENT WINS HEARING FOR HOUSING CLIENT By Amanda Morejon, J.D. ’16 When I accepted my first case with the Tenant Advocacy Project, it seemed straightforward enough. My client, a wheel-chair dependent man in his late 60s, had applied to the Boston Housing Authority’s Public Housing Program several years ago. In the last few years he had become very active in his church and neighborhood community and maintained his skills as a former chef. After moving to the top of the wait-list and passing all the neighbor screenings and financial requirements, his application was denied due to an old criminal record.
researched similar cases with favorable outcomes, drafted direct examination questions for my client, and wrote my closing argument. In the two weeks leading up to the hearing, I went over the material with him, reviewed his criminal record, and discussed the changes he had made in his life after his last conviction. My client’s testimony would serve as the strongest source of mitigating evidence so ensuring he felt comfortable answering my direct examination questions was hugely important.
On the day of the My first thought was hearing, everything that the Boston Houscame together. My ing Authority (BHA) client was able to simply did not clearly communicate realize that my client with the Hearing Ofhad changed his life. I ficer and answered imagined that once the both my questions and BHA saw the mitigather questions directly. ing evidence, their His thoughtful characopinion of my client ter and commitment to would change. I was his community shone surprised to find that through in his testimothey had already ny. His cousin and his reviewed letters of close friend both support from his former attended and testified employers and letters regarding his character. from his church community. I quickly learned that the Sixteen business days later we received the decision and Occupancy Department at the BHA will not approve an the denial of public housing was overturned. This wonderapplicant who has any criminal ful news meant that my client was record no matter how minor or “Sixteen business days later we placed back at the top of the waithow old the record is. list. received the decision and the Fortunately, my client could denial of public housing was appeal the decision and contacted Without the guidance of my the Tenant Advocacy Project. overturned. This wonderful news meant supervisor, the general support from the TAP community, and that my client was placed back at the I was assigned to his case in my client’s trust and patience, we September and almost four may not have achieved this top of the wait-list.” months later (a day before my outcome. Knowing that unfair last exam) we were informed that the Appeal Hearing decisions can be overturned and indigent individuals like would take place in two weeks, on the first day that stu- my client can have their voices heard has given me much dents returned to campus from winter break. hope and confidence. With due diligence we can work to ensure that people’s rights to receive public housing are With the guidance of my supervisor, Lynn Weissberg, I protected. prepared the case for our hearing. I compiled the mitigating evidence and character reference letters, All student work at TAP is performed without credit gathered additional letters of support, analyzed the BHA’s and on a pro bono basis. Admissions & Continued Occupancy Policy (ACOP),
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PROJECT NO ONE LEAVES
MY TIME WITH PROJECT NO ONE LEAVES REDOUBLED MY COMMITMENT TO WORKING IN THE PUBLIC INTEREST... By Matt Nickell, J.D. ’14 I started going to Project No One Leaves’ Saturday morning canvasses in my first year of law school. Project No One Leaves (PNOL) stood out to me when I got to HLS because it was one of the only organizations on campus that got law students out of Cambridge and into Boston communities to do housing justice work. Project No One Leaves was started by HLS students at the start of the economic crash in 2008 to connect people facing foreclosure with legal resources and community groups that could help them defend against foreclosure and eviction. Canvassing with PNOL was a great way to see and enrich my understanding of Boston’s geography, history, and culture. More important, it gave me the opportunity to work side-byside with community organizers, homeowners, and tenants as part of a broader movement resisting the forces that perpetuate poverty, inequality, and segregation.
Tyler Anderson, whose thoughtfulness and diligence kept the organization’s gears moving these past two years; our Conference Director David Curtis, who helped organize and run our conference this spring; and our Canvassing Director Donna Harati, who mapped out and planned many of our canvasses this past year.
The people I met during PNOL’s weekly canvasses have been equally inspirational. Almost every homeowner and tenant who answered my knock at the door was extremely kind and courteous, but many had sad stories to tell that could move anyone to tears. Homeowners had been preyed on by banks that exploited their vulnerability, tenants did not know whom to contact about needed property repairs and health code violations, and many had recently lost jobs, health insurance, or family members. Fortunately, many of the people I met became active advocates for change themselves, attending City Life meetings and speaking out against the predatory practices that devastated their communities. As a member of the Harvard Legal Aid Bureau’s Foreclosure Task Force, I had the privilege to work Matt Nickell, J.D. ’14 (second on the left) with a number of the homeowners and PNOL Members and tenants I canvassed, defending them against eviction in Boston Housing “To be part of an organization that Court. But the real strength allowed me to work with non-lawyers of the people I met came from their families and their and non-students to push forward a communities, not from grassroots model for systemic change within the courtroom.
My time with PNOL these past three years has been tremendously eventful. A pivotal experience was attending my first meeting at City Life / Vida Urbana, a community organization (and PNOL ally) that brings together tenants and homeowners facing foreclosure and eviction to fight back against banks and predatory investorlandlords. The level of energy, activity, and engagement in the room was a testament to the transformative power of communities to transform lives and neighborhoods through direct action. Another major highlight was helping organize PNOL’s fourth annual foreclosure conference earlier this year. We My time with PNOL has been a tremendous privilege.” drew 250 lawyers, community constantly reminded me organizers, professors, and why I came to law school others from over eleven states to talk about the current state and redoubled my commitment to working in the public of the foreclosure crisis, including the new dilemmas we are interest. To be part of an organization that allowed me to seeing on the ground and the solutions needed to address work with non-lawyers and non-students to push forward a them. grassroots model for systemic change has been a tremendous The most important thing about PNOL for me has been the people. Canvassing with PNOL allowed me to work with amazing students whose commitment to social justice has been incredibly inspirational – people like my Co-President
privilege. Though of course I wish that foreclosure and displacement would stop plaguing the communities I care about, I hope that organizations like PNOL continue to bring people from various backgrounds together to make those communities healthier, happier, and stronger.
All student work at PNOL is performed without credit and on a pro bono basis.
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SPRING BREAK ROAD TRIPS LEAD TO THE CLINIC, THE DELTA AND THE DESERT Via HLS News From March 15-23, 2014, many Harvard Law students used Sima Atri ‘15 and Emma Scott ’15 described their their spring break to learn about the law outside the experience in op-ed in the March 27 edition of The Harvard classroom. Law Record. Developed and sponsored by the Office of Clinical and Pro Bono Programs, several teams of HLS students traveled across the US to work with humanitarians along the Arizona border, Bostonians trying to seal their criminal records, immigrants in Texas and children in the Mississippi Delta. This is the 10th year that the Office of Clinical and Pro Bono Programs has funded alternative spring break trips for students. These trips originated in response to Hurricane Katrina in 2005, when students went to New Orleans to assist displaced families. “These trips have provided students with unique experiences. Students often come back from these trips and remark on how eye-opening and transformative their trip was,” said Lisa Dealy, Assistant Dean for Clinical and Pro Bono Programs.
Immigration Border Work No More Deaths (Tucson, Arizona) Six students worked with No More Deaths, an organization that provides humanitarian aid to migrants on the U.S.Mexico border. Students hiked trails in the region to attempt to map out new routes for the humanitarian aid teams, monitor border patrol practices and collect information on the treatment of detainees by Border Patrol. In the past, No More Deaths volunteers have filed complaints with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties, and have collaborated with the ACLU of New Mexico’s Regional Center for Border Rights in documenting abuses.
“What we found at the border was vastly different from the narrative we’ve heard in the media and in politics. The desert separating Mexico and the U.S. is a warzone, and thousands of migrants have died in the last decade trying to cross it. During our week there we witnessed the terror border patrol inflicts on both migrants and residents. We saw the water bottles we put out slashed and our own tracks closely monitored. On the trail we found shrines to Our Lady of Guadalupe, abandoned backpacks, and tattered shoes, left behind by those embarking on a journey to save their lives or the lives of those they love. Rather than meeting drug-mules and criminals, we found the trails walked by families, hopeful victims, and people trying to return to their true home. “Although we didn’t meet any travelers on the trail, we felt and saw their presence. Food and water we left out on Monday had been consumed by Wednesday, and fresh trash appeared along popular trails. Our seasoned guides colored the landscape with stories of their own encounters. Through their years of collected experience they had met a myriad of folks – men, women, and children – with unique and inspiring stories of hardship and endurance. They had treated a wide range of medical emergencies, rescued the waning, and recovered the fallen. Migrants had told them about how they had been attacked by bandits, had been separated from their group and wandered the desert lost and alone for days, and had been chased by dogs unleashed on them by Border Patrol. Without aid from groups like No More Deaths, many more would fall mercy to the desert, and many more would die.” The trip leaders were HLS Clinical Fellow Emily Leung and Clinical Instructor Phil Torrey, “Whether students are interested in pursuing a career in immigration law or learning more about border issues generally, witnessing firsthand the suffering that is taking place at the U.S./ Mexico border is a transformative experience. It’s something that will hopefully inform their future work in law school and beyond,” Leung said.
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hope that in the future, I can be an inspiration to others as those at LARC have been to me.” Voting Rights Mexican American Legal Defense and Education Fund HLS Students in San Antonio, TX (San Antonio, Texas)
CORI project Greater Boston Legal Services Center and Legal Advocacy and Resource Center (Boston, Massachusetts)
Six HLS students worked with the Mexican American Legal Defense and Education Fund (MALDEF) to do legal research and prepare evidence and witnesses for a redistricting case that could result in extending Voting Rights Act preclearance coverage in one of the most critical states for minority voters. Based in San Antonio, Texas, students drove to nearby towns and interviewed residents on race relations and historical discrimination.
The existence of any criminal record can be a barrier to employment, housing, and other opportunities, as employers, housing agencies, volunteer organizations, as well as government agencies administering public benefits use criminal offender record information (CORI) as a screening tool. Students also studied San Antonio’s history of civil Five students volunteered with Greater Boston Legal Services rights issues and the work Center and the Legal Advocacy and Resource Center (LARC) that has been done to during spring break to help clients with criminal histories seal establish education, vottheir records, using a Massachusetts law that allows ing, and other rights for immigrant and minority communities. administrative and court sealing of certain criminal records. Throughout the week, students met with clients seeking advice Joint Use Project and/or assistance with document preparation. Students helped Delta Directions/Harvard Mississippi Delta Project prepare CORI requests, petitions to seal (both administratively (Clarksdale, Mississippi) before the Office of the Commissioner of Probation and before the Court), affidavits in support of petition to seal, and Mississippi has both the highest adult and childhood obesity affidavits of indigency. rates in the country. In one attempt to combat this, Mississippi passed House Bill 540, which limits the liability Sharon Kim ’16 wrote about her experience on her blog: “I of school districts for claims arising from the joint use of their loved my time at LARC, and I am very grateful for having facilities. been provided the opportunity to serve the Greater Boston community. I’m very thankful to my colleagues, who The goal of the bill was to promote more recreational and reminded me on a daily basis how fortunate I am to be a part sports activities for Mississippi children by facilitating greater of the HLS community. From our conversations alone, I use of school property, as many communities often lack the learned about the conservative nature of Japanese culture, the resources for independent facilities. sprawls of ‘Atlanta,’ and the energy industry and its regulatory framework in the Philippines. It amazed me that Four students went to Mississippi schools to compile a toolkit people from all different walks of life could come together in for implementing joint use agreements with community the way we did for a common cause. Most importantly, I owe organizations to use the school facilities during non-school my gratitude to our supervisors Steve [Russo] and Pauline hours. Students conducted research on joint use best [Quirion] and the rest of the LARC team, who were extremely practices, and interviewed local school officials to assess their generous with their patience and time. They taught me the concerns and needs. Students provided an overview and most important lesson of all: that people, regardless of where training on the joint use toolkit to local schools at the end of they come from, just need someone there to listen to their the week. story and help carry their burden. That grace and passion can be found through and from the work you commit yourself to. I
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RECORDING ARTIST PROJECT
PRO BONO WORK WITH ASPIRING MUSICIANS Via the Harvard Gazette Let’s just say that Elliot Schwab knows how to multitask. While at Harvard Law School (HLS), he worked for an Israeli supreme court judge, raised two small children with his wife, studied Talmudic law, labored on a U.S. Supreme Court petition, served as a project manager for an international legal and policy consulting firm, took classes at Harvard Business School and Harvard College, and prepared for a career in real estate law, all while doing pro bono work with aspiring musicians. Oh, and he’s a songwriter too. “I have a hard time turning down cool opportunities that arise,” said Schwab, who will head to New York with his family for a job with the firm Simpson Thacher after graduation. “And in a place like Harvard, cool opportunities arise all the time.” The New York native’s route to Cambridge was less traditional than the average HLS student’s. Schwab had studied exclusively in yeshivas in the United States and Israel, educational institutions whose prime focus is on ancient Jewish law. The work perfectly prepared him for HLS and beyond, he said, teaching him how to analyze theoretical underpinnings and providing him with “a strong foundation in moral, religious, cultural, and ethical spheres.
music producers, hoping they might produce his work with other artists. “I was persistent. I kept recording more songs and harassing their email inboxes until somebody started listening.” Listen they did. Schwab knew he’d found success when he hopped into a Jerusalem taxi during a clerkship for an Israeli judge last summer, and one of his songs started playing on the radio. “It has been both humbling and encouraging to shoot for a seemingly unattainable goal, work hard to realize it, and then watch my efforts reach fruition and snowball,” he said. His musical experience came in handy at HLS. He provided free counsel to music industry artists and producers through the School’s Recording Artists Project clinic. He also helped craft a petition to the U.S. Supreme Court with HLS Professor Charles Nesson that urged the court to hear the case of Joel Tenenbaum, a Boston University student sued by the recording industry and fined by federal courts for illegally downloading and distributing songs. It also was a priority for Schwab to maintain his Talmudic studies. And he worked closely with HLS professors Alan Dershowitz and Noah Feldman, helping them with research and book projects.
Stephanie Mitchell/Harvard Staff Photographer Elliot Schwab, HLS ’14
When he wasn’t busy at HLS, or writing the occasional song, one of Schwab’s favorite pastimes was hosting dinners at his home in “That sort of an education turns out to be excellent training for Brighton with his wife and children Shimon, four, and Yisrael, law school and life.” two. But Schwab’s life could have taken a very different turn during his first HLS year when the music production team behind artists such as Lady Gaga, Moby, and Linkin Park came calling after hearing one of his demos.
“At Harvard Law School there are so many brilliant, talented, and fascinating people coming from a diverse array of backgrounds. There were so many people from whom to learn and this was a great way of connecting.”
Schwab’s formal musical training amounted to a few years playing the piano as a child, but he always loved “thinking holistically about chords and the relationships between notes.” As a teen, he taught himself the guitar, harmonica, and ukulele, and dabbled in songwriting.
There were many opportunities to seize at HLS. For the man who always loves to do more, Harvard was the perfect fit, though he didn’t necessarily know that coming in.
“I was very excited, but also a bit nervous, and didn’t know what to expect,” said Schwab. “My experience here has In 2009, as a first anniversary present to his wife, Aliza, he surpassed my very high expectations. I know that sounds recorded her a song in Israel. She begged him to do another. cliché, but it’s really true.” He recorded a handful of songs and then reached out to local
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LL.M. STUDENT WORKS PRO BONO TO UPHOLD LANGUAGE ACCESS RIGHTS By Anna Chuwen Dai, LL.M. ’14
Language access is a civil right. I first learned about this last spring semester, when I worked for the Volunteer Lawyers Project of the Boston Bar Association (VLP), on the language access rights project. Language-assistance to limited-Englishproficient (LEP) individuals is an important measure of how civil rights requirements are met. Under Title VI of Civil Rights Act of 1964, “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The right to language access protects people from being discriminated against based on their national origin. Striving to uphold these rights, at VLP I joined other HLS students to examine the language accessibility of a clerk’s office of a Massachusetts Family and Probate Court. As part of my work, I visited the court to conduct on-site investigation and interviews. I looked at the signs and services from a LEP individual’s perspective. For instance, I tried to follow the signs for where to file a complaint and where to find a courtroom for a hearing. Additionally, I looked at the available multilingual material distributed in the courthouse and on the court’s website.
Along with my teammates, I also talked to an attorney, two clerks, and a Chinese court interpreter. The purpose of these discussions was to learn more about the court’s language resources, the needs of the court and its visitors, and the court efforts to help LEP individuals. Following the visit, we drafted a report based on the information gathered through our observations and interviews. VLP could use the report as a tool for helping the courts improve language access. Other projects I had a chance to work on included designing the ‘Know your language access rights’ fliers, which could be used to assist low income tenants in disputing issues with their landlords, either through mediation or litigation at the Boston Housing Court. I also took the opportunity to observe hearings at the Boston Housing Court, where interpreters were involved. If it were not for the efforts and advocacy from organizations like VLP, language access rights would likely go ignored. It felt wonderful to know that as students and lawyers we can use our expertise to fight for these rights and increase awareness of this issue.
HARVARD IMMIGRATION AND REFUGEE CLINICAL PROGRAM
HARVARD IMMIGRATION PROJECT STUDENTS CONTINUE TO PUSH FOR MASSACHUSETTS TRUST ACT Via the Harvard Immigration and Refugee Clinical Program Summer, 2014 came to and end, but the fight to pass the behalf of the Trust coalition; participated in call-in and write-in Massachusetts Trust Act continues. For most of the past year, lobbying campaigns to state legislators and city councilors to the Harvard Immigration Project (HIP) has encourage the adoption of Trust policies; and had the privilege of membership in the coalisat in on strategy meetings with coalition tion of organizations working to end local law members and their legislative allies. More enforcement compliance with Immigration importantly, they will continue to play an and Customs Enforcement (ICE) detainers, or important role in the campaign as it moves “ICE holds.” Though the campaign did not forward. The Boston City Council is currently succeed in persuading the Massachusetts considering its own Trust Ordinance, and HIP General Court to adopt a statewide solution, it will assist in the coalition’s efforts to ensure helped achieve tremendous successes at the that the measure that is ultimately adopted local level, in the form of new policies adoptoffers the broadest protections possible. And ed by several localities in Massachusetts, HIP will be there in 2015, when the statewide including the cities of Somerville and bill is reintroduced in the next legislative Cambridge and Hampden County, ending or session of the General Court. We look forward to continuing to work with our community partners to keep up limiting the use of ICE holds. the fight against warrantless immigration detention here in HIP students made important contributions to the Trust Massachusetts! campaign. They conducted legal research and helped draft sign All student work at HIP is performed without credit -on letters to policymakers and law enforcement officials on and on a pro bono basis.
CLINICAL AND PRO BONO PROGRAMS
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A MATTER OF LIFE AND DEATH Via Massachusetts Lawyers Weekly Richard A. Johnston, HLS ‘ 76, has had a long and fruitful ca- “It wasn’t until the hearing itself that we learned [the district reer focusing on the litigation and arbitration of complex busi- attorney] definitely was not going to challenge the innocence and would go along with a motion that all charges should be ness disputes. dismissed with prejudice,” Johnston says. “It was quiet an Despite his success, however, it’s safe to say none of his astounding day. There were many family members, press, previous legal victories ever resulted in a courtroom standing ex-lawyers and judges there to see if justice would be done.” ovation or front-page story in The New York Times. Johnston says hearing the judge read his order at the end of the Johnston, of WilmerHale in Boston, owes those recent day was “an electric experience.” accomplishments to his pro bono work, which recently helped exonerate Henry Lee McCollum, an “I have never had any such feeling in a inmate facing a death courtroom ever. It was almost just a sentence for the 1983 rape and murder shiver,” he recalls. “When the order was read, the crowd just burst into of a North Carolina child. spontaneous applause.” Johnston says the experience further affirmed the WilmerHale got involved in the case in decision he made 30 years ago to join 1994, and for 20 years the firm’s WilmerHale predecessor Hale & Dorr efforts were focused on sparing “because they had a reputation above McCollum’s life. When Johnston all others in Boston for doing public succeeded retired colleague Harry T. service and pro bono work.” Daniels as the lead partner on the case two years ago, the firm and its co-counsel, the Center for Death Pen“I went to law school because I thought alty Litigation, set their sights on a the law was the best way to try to make clemency petition (which a former society a better place,” says Johnston, governor declined to grant) and who spends about 10 percent of his motions arguing that, as a matter of time on pro bono matters. “When I law, the death penalty shouldn’t be elected to go to a firm, I wanted to go imposed on McCollum because he is to a firm that I thought would give me the opportunity to do pro bono as well intellectually disabled. as regular commercial cases. …I didn’t know how [McCollum's case] would McCollum’s team was preparing for an turn out, but I certainly thought it was evidentiary hearing on the question of Richard A. Johnston, HLS ‘ 76 Partner at worth taking across the finish line.” the defendant’s mental disability when WilmerHale, and WilmerHale Pro Bono the North Carolina Innocence Inquiry Attorney at HLS Center for Health Law and Commission unearthed exonerating While the stakes won’t always be life-or Policy Innovation DNA evidence. The emphasis of the -death, Johnston hopes his experience hearing quickly shifted and concluded with a Superior Court will encourage other lawyers to devote more time to pro bono judge in North Carolina ordering the release of McCollum and matters. He also hopes other states emulate the first-of-its-kind his half-brother, Leon Brown, who was serving a life sentence North Carolina Innocence Inquiry Commission. for the same crime, earlier this month. “This is one of those magnificent examples of where the system The commission is an independent state agency with broad ultimately corrects itself. But it doesn’t correct itself on its own; subpoena powers that was able to put its hands on evidence it corrects itself because of the hard work of many people,” long withheld from defense lawyers, including police evidence Johnston says. “The fact that all of these parts of the system can come together along with the judge was a great lesson in how gathered in the initial investigation. things can work if everybody labors at it.” DNA tests linked a cigarette found on the scene to Roscoe Artis, who is in prison for a life sentence for the rape and In addition to Johnston and Daniels, former WilmerHale murder of an 18-year-old girl that took place just weeks after partner James E. Coleman Jr. (now at Duke University School the crime for which McCollum and Brown were wrongfully of Law), London partner Steven P. Finizio, and Boston associates Andrew S. Dulberg and Jared B. Cohen worked on convicted. the McCollum’s case.
LEARNING THE LAW | SERVING THE WORLD
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HARVARD PRISON LEGAL ASSISTANCE PROJECT
PLAP LITIGATES IN PRISON AND COURT, WITH A RECENT VICTORY! The Prison Legal Assistance Project (PLAP) is known for its work representing Massachusetts state prisoners in disciplinary and parole hearings since the early 1970s. PLAP is the only law school clinical program of its kind in the country. In addition to its work in prisons, PLAP also advocates for clients through lawsuits in the Massachusetts courts. Despite less than encouraging odds of winning prisoner lawsuits, earlier this year PLAP won a Massachusetts Superior Court case it filed on behalf of a client, Benjamin Blake, who was convicted in a state prison disciplinary hearing of smuggling drugs into prison. “The evidence was ridiculously thin, in fact it was nonexistent, and the students thought if there was ever a good case to challenge in court, this was one such case,” said Supervising Attorney and Senior Clinical Instructor John Fitzpatrick.
vigorous questioning from the bench and back and forth between the Judge and counsel. Jake handled every question superbly, even the curve balls. It’s gratifying to see our students perform so skillfully in real-life court situations like this,” Fitzpatrick said.
“The court argument lasted over an hour, with lots of
All student work at PLAP is performed without credit and on a pro bono basis.
Hon. John C. Cratsley (Ret.) who supervises the Judicial Process in Community Courts Clinic, spent time working with Alderdice and Fitzpatrick to prepare for the upcoming oral argument in court. “His experience and assistance was a huge help,” Fitzpatrick said.
Several weeks later, the Court released its detailed written decision, siding with PLAP’s arguments that the DOC’s guilty findings were unsupported by legally sufficient evidence. The Judge ordered the guilty findings vacated and the charges dismissed. After considering its options, the DOC chose not to Jacob Alderdice, HLS ‘14 appeal, and the decision now Preparing the case for court stands as the final – and for was a team effort, involving not only the PLAP students PLAP’s client, a winning – disposition of the case. who represented Blake in his prison disciplinary hearing and wrote his administrative appeal to the state Meanwhile, PLAP has brought other recent lawsuits, Department of Correction (DOC) (Sia Henry ’14 and with two pending suits challenging prison disciplinary Andrew Mamo ’14), but also students researching and hearing guilty findings for different clients. A third writing the brief to the Superior Court (Brendan Selby ongoing PLAP suit is against the state Parole Board for ’13 and Corey Banks ’13). Oral argument before its refusal to parole a prisoner because of his mental Superior Court Associate Justice Paul Wilson was disability of traumatic brain injury. “It looks like 2014 – handled by another PLAPper, Jake Alderdice ’14. 2015 will be a busy year in court for PLAP,” observed Fitzpatrick, who supervised Alderdice during the Fitzpatrick. “But this is exactly the sort of real litigation argument, called his performance “amazing” and “better experience our students are looking for, and our clients than most lawyers could do.” benefit tremendously from having such capable and motivated student attorneys working for them.” “I’m grateful for all the help I got from the other student attorneys on the case and from John. It was great to see a “PLAP is the only law school clinical judge step in and look somewhat critically at the issues within the Massachusetts prison system, such as guilty program of its kind in the country.” disciplinary findings on very little evidence, that PLAP -John Fitzpatrick, Senior Clinical Instructor confronts every day,” said Jake.
CLINICAL AND PRO BONO PROGRAMS
Harvard Law School is celebrating National Pro Bono Week from October 20th to October 24th., 2014 This celebration honors the outstanding work of lawyers who volunteer their time to help people in their communities and increase justice for all. The week will be marked by ceremonies and panel discussions focused on the value of pro bono work. The Office of Clinical and Pro Bono Programs Invites You to Attend the Following Events: MON. October 20th GLOBAL PRO BONO: STORIES FROM THE FIELD WCC 3007 12 – 1 pm Co-Sponsored by International Legal Studies and the Graduate Program
Professor of Law William Alford will moderate and share his insights about his global pro bono work with the Harvard Law School Project on Disability. Speakers from the Graduate Program, Arpeeta Shams Mizan will discuss her street lawyering work in Bangladesh; Leire Larracoechea San Sebastian will be speaking about her pro bono work at her private law firm and her current efforts to launch a clearinghouse for pro bono opportunities in Spain; and Mirembe Susan Nalunkuma will be talking about her work representing (as a law student) LGBT people and sex workers in Uganda.
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event is offered to attorneys of all levels as well as law students. MON. October 20th LAW AND SOCIAL CHANGE PROGRAM OF STUDY: COMMUNITY ORGANIZING AND LAWYERING WORKSHOP WCC 1010 7 – 9 pm
Join Professor Marshall Ganz from the Harvard Kennedy School for a workshop on community organizing and lawyering. Come prepared to participate! Dinner will be provided. The event is hosted by the Law and Social Change program of study. For more information please contact Isabel Broer. TUE. October 21st 2014 ADAMS PRO BONO PUBLICO AWARDS CEREMONY John Adams Courthouse, One Pemberton Sq. Boston, MA 4 pm
The Supreme Judicial Court Standing Committee on Pro Bono Legal Services annually presents the Adams Pro Bono Publico Awards to honor Massachusetts lawyers, law students, small and large law firms, government attorney offices, corporate law departments, law schools or other institutions in the legal profession that MON. October 20th PRO BONO RECRUITMENT FAIR AND OPEN HOUSE demonstrate outstanding and exceptional commitment to providing volunteer legal services for the poor and 120 Tremont St., Boston, MA disadvantaged. Faculty, students, and staff are invited to 4:30 – 6:00 pm attend. Sponsored by the Boston Bar Association and Suffolk Law School
You are cordially invited to attend the sixth annual Pro Bono Fair for local area attorneys and law students. This event provides attorneys and law students with a range of pro bono opportunities. The fair is held as part of the National Pro Bono Celebration. Attendees are encouraged to drop in and meet representatives from local legal services organizations and to learn more about the pro bono opportunities in the community. This
For more information please scan the barcode . You will need a QR barcode application.
LEARNING THE LAW | SERVING THE WORLD WED. October 22nd PRO BONO INNOVATION AND LEADERSHIP: LAW FIRMS AND THE JUDICIARY WORKING TO CLOSE THE JUSTICE GAP Lewis 214A 12 – 1 pm Co-Sponsored by the Office of Career Services
This panel discussion is led by leaders from law firms and the judiciary and it is focused on pro bono innovation locally, nationally, and internationally. Come be inspired to think about how you can build pro bono work into your legal practice! You will hear about new partnerships between legal aid organizations, social service agencies, and private law firms to better address unmet legal needs in the community. Some of these partnerships include initiatives that have assisted those with criminal convictions who are seeking a second chance; small entrepreneurs seeking help with business structure, intellectual property and contracts; and homeless youth in need of assistance at city homeless shelters. You will learn about how the local judiciary is playing a critical role in Massachusetts to expand access to legal services to the underserved through the Access to Justice Commission and related initiatives like the Pro Bono Fellow program. Finally, you will hear about how local lawyers are engaged in pro bono work internationally through projects. Panelists include Associate Justice Cynthia J. Cohen HLS ’75 of the Massachusetts Appeals Court and three law firm pro bono leaders – Michael Haroz HLS ‘70, Goulston & Storrs; Harlene Katzman, Simpson Thacher & Bartlett LLP; and Latonia Haney Keith HLS ’03, Former Pro Bono Counsel at McDermott Will & Emery LLP. WED. October 22nd HARVARD DEFENDERS LITMAN SYMPOSIUM – KEYNOTE SPEAKER, DEBO ADEGBILE Milstein West 5 pm Co-Sponsored by the Office of Clinical and Pro Bono Programs
Please join Harvard Defenders for their 65th Anniversary Celebration and the Third Annual Litman Fellowship Symposium. Debo Adegbile, Partner, Wilmer Cutler Pickering Hall and Dorr LLP, Nominee to lead the U.S. Department of Justice Civil Rights Division with be the keynote speaker. Dinner Reception begins at 5pm.
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Litman Fellowship Presentations at 5:30. Keynote Speaker at 7pm. For more information please contact Harvard Defenders at hdefenderslitmanfellowship@gmail.com. THUR. October 23rd LEGAL SERVICES FOR THE OTHER 99%: A NATIONAL SECURITY ISSUE WITH KEYNOTE SPEAKER JEFFERY ROBINSON Hauser 104 12 – 1 pm Co-Sponsored by the Criminal Justice Institute, the Harvard Prison Legal Assistance Project and the Law and Social Change Program of Study
To celebrate National Pro Bono Week, HLS alum Jeffery Robinson will give an inspiring address on our role in promoting access to justice for all individuals. Jeff has been listed in Best Lawyers in America since 1993. He has been selected as one of the top 100 black lawyers in America by Black Enterprise magazine and is an elected fellow of the American College of Trial Lawyers, whose membership is limited to one percent of the attorneys in any state. He is currently an attorney/shareholder with Schroeter Goldmark & Bender in Seattle. After graduating from HLS in 1981, Jeff spent the next seven years representing indigent clients in state court at the Defender Association and then in federal court at the Federal Public Defender’s Office, both in Seattle. In private practice at SGB since 1988, Jeff has successfully represented individuals and corporations in state and federal court on charges ranging from first-degree murder to healthcare fraud. Jeff has tried over 200 cases to verdict and has extensive experience representing clients in lengthy grand jury investigations that have resulted in no indictment.
OFFICE OF CLINICAL AND PRO BONO PROGRAMS HARVARD LAW SCHOOL 6 EVERETT STREET SUITE 3085 CLINICAL@LAW.HARVARD.EDU WEBSITE: law.harvard.edu/academics/clinical/ index.html BLOG: blogs.law.harvard.edu/clinicalprobono