ALAMEDA COUNTY BAR ASSOCIATION VOLUNTEER LEGAL SERVICES CORPORATION
VLSC Newsletter Spring 2015
Justice For All
VLSC’s 10th Annual
Justice for All
Celebrating Pro Bono
Thursday, May 21, 2015 5:30 PM - 8:30 PM Scott’s Seafood Restaurant Featuring Keynote Speaker Associate Justice Martin Jenkins California Court of Appeal, First Appellate District, Division Three
In this issue: Justice for All: Celebrating Pro Bono 1 Donor Spotlight: Erin Smart
2
Updates to the VLSC Board of Directors 3 VLSC Board of Directors 3 Volunteer Spotlight: Agnieszka K. Adams 4-5
AmazonSmile
5
Your Gifts in Action
6-7
Guardians of Justice 2014 Donor Reception Recap
8-9
Pennies from Cy Pres Heaven 10 Legal Incubator Project
11
Pro Bono Award Recipients
12
DONOR SPOTLIGHT: ERIN SMART
a case -- depositions, court hearings, and complex motions -- which makes my practice extremely rewarding.
Oakland-based litigator Erin Smart recently made her first donation to VLSC, and has also joined us as a volunteer at our Family Law Clinic. We asked Erin to tell us a little bit about herself and why she decided to become a VLSC supporter.
If you weren’t practicing law, what career would you choose?
Erin Smart, Smart Legal Group What inspired you to make your first gift to VLSC? VLSC makes a local impact and leverages the value of every dollar donated by using volunteers and pro bono attorneys to provide services well beyond the dollar value of the donations it receives. As attorneys we don't always have the time to volunteer or take on a pro bono case, but organizations like VLSC allow even attorneys with a hectic work life to provide legal services to low income members of our community. Tell us about your practice. As a freelance litigator assisting solos and small firms with temporary needs such as additional help for large projects, coverage for absent employees, and scheduling conflicts, I get to experience a variety of practice areas, courts, and litigation styles. After practicing at a large law firm for six years, where I focused on antitrust, intellectual property, and securities litigation, I enjoy the opportunity that contract work gives me to volunteer in the community and spend time with family and friends in addition to practicing law. I find that as an independent contractor, I am often contacted for assistance with highly interesting parts of Page 2
I long harbored a half-fantasy of being a Spanish-language interpreter. I studied Spanish in college and lived abroad for two years. Although I took classes in translation and interpretation and temporarily considered that career path, the law has long been my true passion. Still, I'm always glad to have the chance to use my Spanish-language skills in my legal work when the opportunity arises. What would you want to share with others about the impact of pro bono work in our community? In addition to allowing attorneys to accept pro bono matters, VLSC staffs multiple clinics to assist self-represented individuals. As a volunteer for VLSC's family law clinic, I see self-represented individuals have to take time off of work, navigate confusing court logistics, obtain court orders, and quickly master legal concepts such as service and evidentiary standards, just to carry out everyday parenting activities. The level of need and the abundance of appreciation that exists for pro bono and volunteer services in our community makes even a short volunteer commitment valuable to the public and rewarding to the attorney.
UPDATES TO THE VLSC BOARD OF DIRECTORS
2015 VLSC Board of Directors OFFICERS
VLSC is proud to be governed by a talented, committed and hardworking Board of Directors. We would like to extend a special welcome to the newest addition to our Board, Justice James Lambden. Justice Lambden served for seventeen years on the First District Court of Appeal in San Francisco before retiring to use his four decades of experience mediating cases with ADR Services. Prior to his appointment to the First District Court of Appeal, he was a trial judge in the Superior Court of California, County of Alamdea for seven years, and a business trial lawyer for fourteen years in Oakland. Among his many accomplishments, Justice Lambden was first a founding member, then chairman and now an ex officio member of the California Commission on Access to Justice. Working with the Commission, he helped secure, for the first time, regular funding for poverty law offices in the California budget. Known as the Equal Access Fund, since 1999 it has provided more than $150 million to support this important work. For Justice Lambden, working with VLSC is like coming full circle and home again. From 1984 to 1988 he was the “Executive Director” of the ACBA Foundation with the sole goal of building an endowment to support VLSC (which was only an idea then). When he left the ACBA Board for the bench, the Foundation had raised about $15,000 and he reports that the amount seemed like a good start in 1989. VLSC is grateful to have one of the Foundation’s early supporters join us again! We would also like to thank departing Board members Judge Winifred Smith, Gregory Brown, Sally Elkington, and L.D. Louis for their service. We are grateful for their contributions, and wish them well in their future endeavors!
Michael P. Johnson, President, AT&T Inc. Eric Handler, Secretary-Treasurer, Donahue Fitzgerald LLP
BOARD MEMBERS David Carrillo, Berkeley Law Tiela Chalmers, ex officio, Alameda County Bar Association Janice Cho, Law Office of Janice Cho Judge Kimberly Colwell, ex officio, Superior Court of California, County of Alameda Brian Doucette, Bialson Bergen & Schwab Judge Tara Flanagan, ex officio, Superior Court of California, County of Alameda Carolyn Henel, Roisman Henel LLP Scott Jackson, Donahue Fitzgerald LLP Justice James Lambden (Ret.), ADR Services Élan Consuella Lambert, Lambert Legal Consulting Michael Loeb, JAMS—The Resolution Experts Judge Alison Tucher, ex officio, Superior Court of California, County of Alameda Marshall Wallace, Allen Matkins Leck Gamble Mallory & Natsis LLP
Page 3
VOLUNTEER SPOTLIGHT: AGNIESZKA K. ADAMS Agnieszka K. Adams is an associate at Roisman Henel LLP in Oakland. Agnieszka recently accepted her first pro bono case through VLSC, and we asked her to share a little bit about herself and her experience working on the case.
Agnieszka K. Adams, Roisman Henel LLP
me and my volunteer efforts. Recently, you took a guardianship pro bono case where you were able to help Alejandro obtain a guardianship. What is significant about this case is that Alejandro was an undocumented minor who needed to have his guardianship completed before his 18th birthday so that he could qualify for Special Immigrant Juvenile Status. Alejandro’s case was one of a kind. We had three weeks to get his Petition filed, heard, and granted. It was a sprint all the way until the end (the Petition was granted in two weeks from when we took the matter).
Why do you volunteer with VLSC? What I enjoy most about practicing law is helping my clients solve their problems. Many people cannot afford to hire an attorney to solve their legal issues. I think it is important for attorneys to donate their time and skills in order to help people who cannot afford legal representation. What other community activities are you involved in? My husband and I participate in various activities organized through our local library and our church. What are you listening to on your iPod now? Currently I am listening to Sia’s “1000 Forms of Fear.” What inspired you to take on your first pro bono case? I volunteered in law school to get “real life” experience. As a licensed attorney, the two women who inspire me to volunteer are the partners in my firm, Carolyn Henel and Margaret Roisman. Both of them believe that it is important to give back to your community and they are very supportive of Page 4
Tell us a little bit about Alejandro and what it was like to work with him Alejandro was a pleasure to work with. He loves going to school and volunteering at his church. We would meet at 6:00 a.m. in my office in order to allow Alejandro’s uncle (the proposed guardian) to get to work on time and so that Alejandro would not miss a day of school. (When I was Alejandro’s age I would do anything to get out of school). Alejandro spends a lot time studying and is very proud of his GPA. Alejandro’s story is truly amazing. At a young age, he risked his life to escape danger in his home country of Honduras for the hope of a better life. What happened in the case? Alejandro qualified to apply for a “Special Immigrant Juvenile Status.” This qualification allows unaccompanied minors to become legal residents even though they came to the country illegally. It is a special status a child can apply for if it is unsafe for the child to go back to his or her home country and be reunited with parents. In order to apply for the SIJS status, a state court has to grant guardianship over the
child’s person and also rule that the child is eligible for this status. Once the state court does that, the child can apply for a green card. Of course, a state court can grant guardianship only over minors. Alejandro was turning 18 in three weeks when we took the case. We had to act very quickly to get the Petition approved. How does having the opportunity to work with an attorney help clients like Alejandro? It would be nearly impossible for Alejandro to successfully file the Petition on his own. The guardianship process is very ruleoriented. For example, a hearing on a Petition for Guardianship requires sending notice to family members of the minor. It would have been very difficult to send notice to individuals in Honduras. Thankfully, all of the members of Alejandro’s family were willing to sign a waiver of notice. Still, we had to get the waivers faxed to Honduras, arrange for Alejandro’s family members to sign them, fax the waivers
“At a young age , he risked his life to escape danger in his home country of Honduras for the hope of a better life .” back to us, and then we filed them with the Court with a request to consider a copy of the signed waivers (because it could take months to get the original pleadings by mail from Honduras). Without an attorney, Alejandro would not have been able to get his Petition granted, which would mean that he would have been deported. Staying in the United States will literally change Alejandro’s life. What is one thing that you wished our donors/supporters knew about VLSC? I wish donors and supporters knew how much VLSC is able to do on a limited budget. I can only imagine how much more could be done with more funds.
What is AmazonSmile? AmazonSmile is a website operated by Amazon that lets customers shop the same selection of products, prices, and shopping features as on Amazon.com. The difference is that when customers shop on AmazonSmile (smile.amazon.com), the AmazonSmile Foundation will donate 0.5% of the price of eligible purchases to the charitable organizations selected by customers.
https://smile.amazon.com/
How does AmazonSmile work? When first visiting AmazonSmile, you will be prompted to select a charitable organization. Search for and select “VLSC” and 0.5% of your purchase will be donated to VLSC!
Page 5
YOUR GIFTS IN ACTION
Thanks to VLSC donors and volunteers, in 2014...
2,000
people in Alameda County received critical legal assistance
3,800
pro bono legal service hours logged by volunteers
Page 6
That’s more than people every day!
5
1/2 3
That’s sail boat trips at top speed around the world!
VLSC Income Sources
1/5
of VLSC’s revenue is made up of gifts from individuals
State Bar Grants 25% Guardians of Justice 10% Event Sponsorships 13%
Individual Donations 19%
Other Grants 15%
Our average individual donor gives
$50
Every donation of $50 provides
$250 in legal services!
$130
in donations provides one person in crisis with access to the justice
$
$
$
$
Your support helps people in our community keep their families together, regain financial security and feel safe in their own homes. Thank you!
a Page 7
GUARDIANS OF JUSTICE DONOR EVENT The Guardians of Justice are firms and individuals who make exceptional annual financial contributions to VLSC. On November 14, 2014, VLSC friends and staff gathered at Rosenblum Cellars in Oakland to celebrate the generosity of nine firms and three individual donors who made contributions at the Guardian of Justice level in 2014. Guests at the reception enjoyed fine wine and cheese at the newly opened Rosenblum tasting room in Jack London square. VLSC CEO Tiela Chalmers and VLSC President Michael Johnson spoke about the power of pro bono work, and the profound effect that financial contributions to civil legal aid programs can have on the lives of people in our community. Thank you to all the Guardians of Justice for helping to bridge the justice gap in Alameda County!
VLSC Board President Michael Johnson speaking to the group
Tiela Chalmers, Michael Loeb, and Michael Johnson
Tiela Chalmers, Richard and Margaret Roisman, and Michael Johnson
Tiela Chalmers, David McClain, and Michael Johnson
Tiela Chalmers, Margaret Riosman, Carolyn Henel, Agnieszka Adams, and Michael Johnson
Tiela Chalmers, Bill Du Bois, and Michael Johnson
Tiela Chalmers, Sally Elkington, and Michael Johnson
Tiela Chalmers, Michael McCarthy, and Michael Johnson
Tiela Chalmers, Eric Handler, and Michael Johnson
Page 8
2014 Guardians of Justice
Individual Guardians of Justice Michael Loeb, Richard and Margaret Roisman, Elizabeth Trutner and Herman Trutner
Commisioner Thomas Nixon Judge Michael Markman
and
L.D. Lewis, Élan Consuella Lambert, and Delia Trevino
David McClain, Charlie Bendes, and Rick Waxman
Commisioner Thomas Nixon, Judge Michael Markman, Judge Kimberly Colwell, Judge Winifred Smith, and L.D. Lewis
Robert Frassetto, Tiela Chalmers, and Michael Johnson
Edward Kerley, Alex Michael McCarthy
Page 9
Konik,
and
PENNIES FROM CY PRES HEAVEN funds to turn around and sue that same defendant again. Sometimes defendants are also concerned that the designation of the cy pres recipient could be construed as an admission in the future.
VLSC is the recent and appreciative recipient of a cy pres award in the Spencer Roberts, et al. v. Emery Bay North, LLC, et al. case, thanks to the generosity of Scott Brown and David Poore from the firm Brown | Poore LLP and Stuart Richter and Meegan Maczek of Katten Muchin Rosenman LLP. We are honored to receive this award, and will put it to good use supporting our clinic programs. Cy pres awards are the result of class action lawsuits in which some of the funds set aside for class members go unclaimed. Pursuant to the parties’ agreement (and/or judge’s order), the remaining funds are distributed to non-profits. The term “cy pres” comes from the Norman French phrase, “cy pres comme possible,” which means “as close as possible.” The idea is that, where the funds cannot be distributed to those (allegedly) injured by the conduct of the defendant, then the funds should go to a cause or organization as closely aligned as possible with the class members’ interests. So, for example, the settlement of a class action alleging a defect in the manufacture of automobiles might include a cy pres award to a consumer advocacy organization. In many cases, however, there is not an obvious organization that works on the concerns at issue in the case. In addition, frequently the defendant is unwilling to agree to a cy pres award to an advocacy organization highly likely to use those Page 10
For these and other reasons, common law (and, in some places, statutory law) has recognized an alternative: cy pres awards should go to legal services organizations. The broader point of class action cases, after all, is to offer access to justice to claimants who might not be well positioned to pursue it alone. Legal services organizations, that provide free legal assistance to low-income individuals and families, also make justice accessible to those who cannot otherwise truly gain entry.
“Every dollar that comes to VLSC buys $5 in services.” Cy pres will never be a reliable source of funding for nonprofits. It serves more as “pennies from heaven” – we never know when it will appear (and when it won’t). But it can make an incredible difference to an organization: allow the creation of a new project, pay for infrastructure long in need of attention, support programs that are unfunded. VLSC is a particularly great option for those crafting cy pres awards, for three reasons. 1. We provide critical services across the county, and across many subject matters. We offer 30 clinics per month in subjects ranging from bankruptcy to immigration. A cy pres gift makes a tremendous impact on the lives of the clients we serve. 2. As part of the ACBA, we are clearly
BAY AREA LEGAL INCUBATOR PROJECT
The ACBA and VLSC are hard at work creating the Bay Area Legal Incubator, a collaboration with five local law schools. The Bay Area Legal Incubator Project will offer a two-year training program in which recent admittees to the California Bar will be provided with extensive support, mentoring and education on how to successfully operate a solo or small firm practice that serves the legal needs of the modest means community. The goal of the project is two-fold: 1) to increase access to justice for people of modest means, and 2) to provide sustainable employment for recently admitted alumni/alumnae. For members of our community who are just a little over the income level for legal aid, but who certainly cannot afford a lawyer at $300 or more an hour, these practitioners will provide a critical service – one that is not available currently.
number of people who desperately need legal representation. The incubator project will not only provide these young lawyers with the tools to be selfemployed for the two-year program, but will also teach skills and competencies to build a practice that can support them for many years into the future.
In the current economy, many recent graduates are left without law-related employment – ironically, given the great
For more information, please visit: www.BayAreaLegalIncubator.org.
“nonpartisan.” Plaintiff, defendant and judge are all able to see our value, and to do so without worrying about our affiliation or advocacy positions. 3. We are enormously efficient. Every dollar that comes to VLSC buys five dollars in services. If you handle class actions, or know someone who does, please give us a call. Let’s make those “pennies from heaven” a reality!
Designate your Cy Pres to VLSC! If you are involved in class action matters, please consider including VLSC in your settlement or judgment. We are happy to talk with you about crafting an appropriate designation, and to help negotiate this issue with opposing counsel and the judge.
Questions? Please contact Director of Access Services Elizabeth Hom with any questions at (510) 302- 2216 or elizabeth@acbanet.org.
Page 11
JUSTICE FOR ALL: CELEBRATING PRO BONO AWARD RECIPIENTS Volunteer of the Year
Pamela J. Ross Jr. All for the Family Legal Clinic, Inc.
Alameda County Bar Association 1000 Broadway, Suite 480 Oakland, CA 94607 Tel: (510) 302-2222 Fax: (510) 452-2224 We’re on the web! www.acbanet.org
Volunteer of the Year
Casey L.Williams Donahue Fitzgerald, LLP
Pro Bono Leadership Award
Judge Winifred Y. Smith Superior Court of California, County of Alameda
VLSC Staff Tiela Chalmers, CEO Elizabeth Hom, Director of Access Programs Daniela Meza, VLSC Clinics Coordinator Whitney Ward, Operations and Development Coordinator For more information about volunteer opportunities, please contact Elizabeth Hom at elizabeth@acbanet.org or (510) 302-2216. For more information on ways to support VLSC, please contact Whitney Ward at: whitney@ acbanet.org or (510) 302-2209.
VLSC publishes this newsletter twice a year to share the latest VLSC news with our donors, volunteers, and friends.
Wiley W. Manuel Certificate for Pro Bono Legal Service Recipients Agnieszka Adams Phillip Campbell Nikki Clark Rachel Dodson* Amy Erb Eric Handler Élan Consuella Lambert* Summer Nastich † Matthew Quiring †
Pamela Ross Kevin Shipp Patricia Gutierrez de Sunseri* Priya Sivadas* Casey Williams *75+ volunteer hours † 100+ volunteer hours
Please join us on Thursday May 21, 2015 as we honor the VLSC volunteers who provided pro bono legal services in 2014. There will be an exciting silent auction with wine, sports packages, restaurant gift certificates and much more. All proceeds benefit VLSC. The dinner program features remarks from Justice Martin Jenkins as well as the pro bono awards presentation.
Page 12