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pro bono Spotlight
Barclay Damon LLP
Through Barclay Damon’s multi-award-winning pro bono program, the firm annually dedicates thousands of hours to pro bono services to those seeking access to justice. The firm’s full-time attorneys provide free legal assistance to low-income individuals and organizations that assist them, helping to navigate issues related to immigration, housing, women’s rights, prisoners’ rights, community building, and economic development, among others. Barclay Damon continues to meet the moment in support of helping others.
Pro Bono Aid for Victims of Tomaszewski Embezzlement and Bankruptcy:
Michael S. Tomaszewski chapter 11 bankruptcy case and, thereafter, when the case was converted to chapter 7 bankruptcy. Tomaszewski owned and operated the Michael S. Tomaszewski Funeral and Cremation Chapel, LLC, located in Batavia, New York. As the chapel’s funeral director, Tomaszewski accepted deposits from customers to pay for future funeral, burial, or cremation needs (“pre-need payments”). Under Section 453 of the NYS General Business Law, a funeral home accepting a pre-need deposit is required to place the deposit in a segregated interest-bearing account in the name of the client. In violation of that statute and the criminal laws of the state, Tomaszewski is alleged to have embezzled the entire deposit of each victim, amounting to over 100 victims and almost $600,000. Tomaszewski pled guilty to certain of the criminal charges and is awaiting sentencing. The team of Barclay Damon lawyers negotiated a stipulation with the debtor whereby he agreed that the firm’s clients’ claims were nondischargeable. All other victims with counsel followed suit. The victims are hopeful that, between restitution in the criminal matter, the efforts of the chapter 7 trustee and aid organizations, and with the recent involuntary bankruptcy filed against the chapel, they will realize cash or in-kind recoveries on their converted pre-need deposit claims.
To the New York Supreme Court, Schenectady County in support of pro
bono matter: In the summer of 2018, Joseph Cooper had complained to his landlord about certain repairs that were required in his rental unit. When the repairs were not completed, Mr. Cooper withheld $320 from his rent to make the repairs. Mr. Cooper visited family out of town in late September of that year, and when he got back, he discovered his apartment had been re-rented and his belongings were gone. Mr. Cooper, a father to two toddlers, was rendered homeless for a period of time thereafter with only his few remaining personal effects. After receiving a referral from the Legal Aid Society of Northeastern New York, in November 2018, Barclay Damon took his case pro bono and commenced an action in the Supreme Court, Schenectady County, against Mr. Cooper’s landlord. The firm engaged in motion practice led by Steven Mach that subsequently established the defendant’s liability in the matter. Mach, Allen Light, and Amanda Miller then all collaboratively worked in handling a damages hearing before the court, which consisted of valuation, witness preparation, and testimony at a hearing before the judge. Through this collaborative effort, the court has awarded Mr. Cooper a judgment totaling nearly $3,500 in damages against the landlord.
Hanson Bridgett LLP
Hanson Bridgett is driven by a commitment to diversity, equity, and inclusion; charitable giving; pro bono legal work; and hands-on service. This past April, Hanson Bridgett’s Management Committee members, along with several other attorneys, participated in a pro bono training workshop and clinic. The clinic was in partnership with Centro Legal de la Raza, a nonprofit legal services organization based in Oakland, and assisted asylees with completing forms and documentation for permanent residence status. For the past year, several firm attorneys, including Partners Kathryn Doi and Samir Abdelnour, have represented parents and children who were separated at the border under the Trump Administration. Hanson Bridgett attorneys assisted these individuals with filing claims under the Federal Tort Claims Act, a prerequisite to filing a federal action for damages, in partnership with the Lawyers Committee for Civil Rights. These efforts are part of a nationwide effort by legal advocates to help families impacted by the previous Administration’s family separation policy to seek compensation for the trauma and other harms they experienced when they were unlawfully, intentionally, and forcibly separated at the border. Additionally, Doi and Abdelnour have taken part in ongoing working group calls with attorneys at non-profits and other firms engaged in this effort to develop and discuss strategies for litigating and/or resolving the claims on behalf of the children and families affected. On May 10, 2021, Hanson Bridgett joined with members of this working group, as well as several other law firms, nonprofits, and law school clinics in signing a letter to the Biden Administration encouraging the establishment of a settlement liaison to negotiate monetary reparations and relief from deportation.