Pro Bono Legal Services

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A Proskauer team recently succeeded in obtaining parole on behalf of 69-year-old pro bono client Judith Clark, who has been in prison for nearly 38 years.  This case may play an important role in effecting much needed parole reform in New York. Personally, it has been among the most satisfying cases on which I have ever worked.

Judith was the getaway driver for the infamous 1981 Brinks robbery that resulted in the killings of two police officers and a Brinks guard, and was sentenced to 75 years to life in prison.  Judith’s transformation from radical revolutionary to a completely rehabilitated person began in the mid-1980s.  Since then, she has devoted herself to helping others.  Her efforts included starting an AIDS counseling program for prisoners that was copied nationwide, building a prison college program (and earning two degrees), helping to run her prison’s infant care center for incarcerated mothers, training more than a dozen dogs to help wounded veterans and law enforcement, and individually mentoring and counseling hundreds of women to help them turn their lives around.  After personally interviewing Judith in 2016, Governor Cuomo granted her clemency, thereby making her eligible for parole.

For low-income families with disabled children, receiving Supplemental Security Income (SSI) benefits is critically important to the safety and security of their households.  Navigating the difficult claims process without legal counsel, however, too often leads to the wrong result.  This was exactly the case for one immigrant mother who—after a painful and complicated divorce—was unable to afford medical treatments for her 14-year-old son suffering from ADHD. After an unsuccessful first attempt to apply for SSI benefits, she sought help from Greater Boston Legal Services (GBLS), which paired her with a team of Proskauer lawyers who secured the benefits that she and her son desperately needed and deserved.

The Proskauer team, led by corporate associate Ben Sacks, was tasked with meeting the stringent criteria for SSI benefits. In order to qualify, an applicant must establish both medical documentation for the disability and evidence of limitations. In the case of applicants with ADHD, judges typically look to academic records when considering limitations.  This created a challenge for our client who had good grades—particularly in math—but was struggling in other ways at school. Ben and the Proskauer team understood that they had to make clear that academic records were the wrong measure of how ADHD impacted this boy’s life.  The argument was thus re-centered around the other struggles he had in school, such as ploys for attention, lack of focus in class despite his good grades, and issues outside of the classroom.

A lot has changed since 1969 when a handful of junior associates at Proskauer created Volunteer Lawyers for the Arts (VLA):  the world had about half the population it has now, the price of gasoline was around 35 cents per gallon, and the Jets won the Super Bowl.  One thing that hasn’t changed since then, however, is the need among low income artists and arts-related non-profit organizations for pro bono legal services.

In light of VLA’s 50th anniversary gala on April 2nd, where Proskauer will be honored with the organization’s “Founders Award,” we asked a number of Proskauer lawyers to reflect on their experience with VLA.

According to the most recent FBI statistics, reported incidents of hate crimes increased by 17 percent in 2017, rising for the third consecutive year. The FBI determined that the primary motivators of these crimes were race, ethnicity, religion and sexual orientation.1  When compounded with the rise in anti-immigrant sentiment, and recent changes in U.S. policy that negatively impact immigrants seeking asylum relief, there is an enormous, urgent need for effective pro bono legal services among LGBTQ immigrants.

Given this context, Bloomberg LP and Proskauer are proud sponsors of Lauren DesRosiers, an Equal Justice Works Fellow at the Anti-Violence Project (AVP), who is devoted to providing holistic legal services to LGBTQ immigrant survivors of violence.  According to Lauren, “this project combats the further marginalization of these communities by creating channels whereby LGBTQ immigrant survivors of violence can be paired with pro bono attorneys and other forms of representation.”

A team of pro bono attorneys at Proskauer recently celebrated a significant step forward in their fight for safe and healthy housing for the more than 400,000 New Yorkers who live in apartments operated by the New York City Housing Authority (“NYCHA”), the largest public housing authority in the country.  Federal Judge William Pauley in the Southern District of New York entered an order requiring NYCHA to implement enhanced procedures to ensure the effective and timely remediation of mold and excessive moisture.  The order also creates independent oversight to ensure NYCHA’s compliance with these obligations.

The Court’s decision provides relief for a class of public housing tenants who suffer from asthma exacerbated by mold and water leaks.  As NYCHA has reported, 150,000 NYCHA residents, including 35,000 children under the age of 15, live in developments located in “asthma hotspots” that generate the highest rates of asthma-related emergency room visits in New York City.

In this Q&A, partner Betsy Plevan shares her experience supporting the Office of the Appellate Defender’s First Monday in October Gala fundraiser, where she served as a mock Supreme Court Justice on the All-Star Bench in support of a great cause. The Office of Appellate Defender NYC provides appellate representation to indigent persons convicted of felonies.

Tell us a little about your connection to the Office of the Appellate Defender, and the purpose of the First Monday Gala.

Betsy: The OAD is widely known as one of the leading private non-profit organizations providing legal services to poor people. I’ve had the privilege of working on many pro bono matters dedicated to civil rights throughout my career, and my specific involvement with the OAD dates back 10 years to when I was a recipient of its annual Milton S. Gould Award for Outstanding Oral Advocacy.

Today, an increasing number of medical practitioners are recognizing the importance of providing appropriate, non-discriminatory, and patient-centered health care to people born with intersex traits.  “Intersex” is an umbrella term used to describe a wide range of inborn variations in sex characteristics that do not seem to fit typical binary notions of male or female bodies. Considered a sex and gender minority by the National Institutes of Health, between 0.05 percent and 1.7 percent of the population is born with intersex traits.

Care of intersex individuals, particularly children, demands special attention to avoid biases based on outdated understandings of sex and gender. To assist hospitals in offering intersex-affirming health care, pro bono attorneys at Proskauer teamed up with nonprofit legal organizations interACT: Advocates for Intersex Youth and Lambda Legal to create an educational policy guide designed to better educate hospitals about the unique needs of intersex patients and address the bias and insensitivity intersex patients and their families all too often face in a health care setting.