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Pro Bono Program

Introduction

Duane Morris' Pro Bono Program provides free legal services to those in our communities least able to afford them. The importance of pro bono work and volunteerism has been an integral part of Duane Morris' culture since the firm's inception more than 100 years ago. Featured below are examples of recent projects. For more information about our program, please contact Duane Morris' Pro Bono Counsel, Nicole Friant. Friant is recognized as a Distinguished Advocate by the Support Center for Child Advocates. Over the last decade, Nicole has represented children through Child Advocates in various dependency and criminal matters. Child Advocates' mission is "[t]o advocate for victims of child abuse and neglect in Philadelphia with the goal of securing a permanent, nurturing environment for every child."

Pro Bono Attorney Profiles

Jamie R. Dyce of the New York office was recognized with the Duane Morris Pro Bono Award for outstanding pro bono work. Presented by Chairman John Soroko during the firm's Annual Fall Meeting in October 2011, the award was created to recognize commitment to pro bono service that positively impacts the community or the life of an individual. Dyce was recognized for helping low income individuals as part of her work with the Elderlaw and Cancer Advocacy Project, which provides estate planning legal services to seniors and cancer patients, survivors and their families. Dyce will designate a Duane Morris donation to the Pajama Program, a 501(c)3 not-for-profit organization, which promotes literacy among children in need and provides new, warm pajamas and new books to children who are waiting to be adopted. Dyce actively practices in the area of wealth planning. Her work includes estate and postmortem planning for high net worth individuals and families, the administration of estates and trusts and the preparation and negotiation of marital agreements. Dyce is experienced in estate litigation and has served as Guardian ad litem in probate proceedings. She has also litigated and settled complex matrimonial matters and she has represented clients in contested and uncontested divorce actions.

Kim Lane, a partner in the New York office, successfully represented a veteran in appealing a denial of disability benefits. In 2006, the veteran was denied benefits for post-traumatic stress suffered as a result of a race-related mob attack. The veteran—stationed on a base in rural Arkansas—was brutally attacked at a swimming hole close to the base by a mob of 15 to 20 whites who shouted racial slurs, threatened his life and forced him from a cliff into the water below. To escape the attack, he was hidden in the trunk of a car by friends as they drove him back to the base. In June 2009, Lane appealed the benefits denied by Veteran Affairs. After two years of waiting, Veterans Affairs reversed the denial and awarded benefits, along with retroactive compensation for benefits previously denied.

Kathleen Cheney, a partner in the New York office, successfully represented a female veteran seeking increased disability benefits for post-traumatic stress disorder (PTSD). The veteran's post-traumatic stress stems from sexual harassment and rape she said occurred when she and a commanding officer were alone in a recruiting center. Although the incident was remote in time—1979—Cheney was able to show that the veteran, who had attempted suicide, suffered from psychological issues that subsequently altered her life, preventing her from getting married and having children as she would have liked. She also developed diabetes and other medical problems. The client will now receive a significant increase in her disability payments.

Duane Morris' work with Solar Richmond, a nonprofit organization based in Richmond, California—and the recipient of the 2009 Duane Morris Leadership Award—epitomizes an ideal example of pro bono work as an opportunity for attorneys from various offices and practice groups to work together. Solar Richmond focuses both on community development and sustainable energy, training and creating solar installation jobs for the underemployed while promoting solar power.

Solar Richmond has been a pro bono client of the firm for several years. Since 2009, a team of Duane Morris attorneys from the Chicago, San Diego, San Francisco, and Washington, D.C. offices have been assisting the nonprofit with corporate, tax, energy and intellectual property issues. Jim McTarnaghan and Jennifer Cook have drafted a power purchase agreement to help Solar Richmond contract with sophisticated users. Dietrich Loos and Blake Allen have assisted Solar Richmond with corporate and tax issues so it can benefit from various government and private funding opportunities. Laurie H. van Löben Sels rounds out the Duane Morris team in protecting Solar Richmond's intellectual property.

Jim Steigerwald, a member of the firm's Pro Bono Committee, was recognized as a "2011 Distinguished Advocate for Children" by the Philadelphia-based Support Center for Child Advocates for his pro bono representation of abused and neglected children. The Support Center for Child Advocates provides legal assistance and social service advocacy for abused and neglected children in Philadelphia County.

Michael L. Reitzell, an attorney in the firm’s Lake Tahoe office, represented a father who was attempting to regain custody of his seven-year-old daughter. After eight months of settlement conferences, appearances at hearings in the district court and significant disagreement by the parties, a settlement was reached, the district court approved the parenting plan, and the supreme court dismissed the appeal. In addition, part of the agreement also required the mother to waive the order granting attorneys' fees.

Corporate partner Mark Scott of the Miami office helped Crystal Academy, an early intervention center for children overcoming autism spectrum and related disorders, open its doors in Coral Gables in May 2010. Scott assisted the founders with the initial structuring and implementation of Crystal Academy’s strategy, and helped the organization with its private placement and in negotiating with institutional and private investors. For the past two years, Scott has served as the its outside general counsel and has handled all legal work, including general corporate, licensing, compliance, intellectual property and employment matters. He continues to be an advisor to the chief executive officer regarding national and international expansion plans.

A team of attorneys led by Lida Rodriguez-Taseff reached a settlement of a voting-rights case brought on behalf of Spanish-speaking U.S. citizens in Volusia County, Fla. Under the settlement, the county will provide all citizens with bilingual ballots for all elections, beginning in 2012. The settlement marks the first language-access voting-rights case in which a municipality has voluntarily agreed to apply the basic principles of the federal Help America Vote Act to voting equipment used in jurisdictions providing language-accessible ballots. The case, Perez-Santiago v. Volusia County, was brought in the U.S. District Court for the Middle District of Florida on behalf of U.S. citizens born in Puerto Rico and living in Volusia County, as well as all Hispanic and Spanish-speaking voters in the county. The Duane Morris team included Rodriguez-Taseff, Raymond Robin, Nicole Friant and Michael Silverman.

Duane Morris attorneys and staff from the firm's Miami and Boca Raton offices joined the Florida Immigrant Advocacy Center (FIAC) to host the first clinic in Miami to provide free assistance for Haitians seeking to complete temporary protected status applications in the wake of the earthquake disaster. Our volunteers helped more than 100 Haitian individuals and families complete these applications during the all-day clinic.

Harvey Gurland and Barry Lapides led the Duane Morris team, which included attorneys Jeff Margolis, Tim Norris, Bill Nuernberg, Nanette O'Donnell and Miles Plaskett.

In December 2009, Duane Morris partner Matthew C. Jones was named Volunteer of the Month by Philadelphia Volunteers for the Indigent Program (VIP). Jones, who concentrates his practice in the areas of healthcare and corporate law, has helped more than ten nonprofit organizations incorporate and obtain tax exempt status through VIP, and has led several seminars for nonprofits on transactional legal issues.

Duane Morris attorneys in the firm's Miami, Newark and New York offices sponsored clinics for the Holocaust survivor reparations program. Through this program, attorneys help Holocaust survivors apply to the German government for benefits relating to work they performed in ghettos in German-occupied areas.

In Newark, Duane Morris attorneys interviewed the survivors and prepared the legal documents for these applications. Assisting in the program were partners Walter J. Greenhalgh, pro bono counsel A. Nicole Friant and Sheila Raftery Wiggins, along with associate Paul M. da Costa.

In Miami, Duane Morris volunteers assisted 19 survivors in applying for benefits under the German Ghetto Work Payment program. Partners Michelle Gervais, Harvey Gurland and Jeffrey Margolis; special counsel Felice Schonfeld and associate Barry Lapides provided legal services at the clinic.

In New York, partner Kathleen Carver Cheney organized a clinic for survivors and joined Melnichuk, of counsels Arthur Dresner and Thomas Newman and counsel Christine Van Gelder to provide legal services.

Richard T. Apiscopa, a trial attorney in the firm's New York office, recently helped his client, Gloria R., receive a fully favorable decision by the Social Security Administration's Office of Disability Adjudication and Review. Gloria R. had been on welfare but, due to a seizure disorder, had been unable to work. Her welfare payments were running out just as her adult daughter, who helped take care of Gloria and her two young children, was shipping off on a military assignment.

After Apiscopa requested an extension of Gloria's application to review her Social Security benefits, the administrative law judge determined that the claimant was disabled and granted Gloria supplemental security income. Says Apiscopa, "This will replace Gloria's welfare. The Social Security income will be a big relief to her."

Corporate attorney John Lin and corporate partner Shelton Vaughan, both of the Houston office, recently helped Cease Addiction Now, Inc.! ("CAN") through Texas Community Building with Attorney Resources ("Texas C-Bar"). CAN was formed as a Texas nonprofit corporation in January 2007 with the purpose of providing education, counseling and treatment to individuals facing various addictions. CAN needed to obtain a determination letter from the IRS that it was a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code, in order to obtain additional funding to expand its operations and treat more individuals within low-income communities. Lin and Vaughan assisted CAN in preparing its Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. They also coordinated a response to the IRS after it requested additional information. Shortly after the IRS received CAN's response to the additional information request, it granted CAN 501(c)(3) status, thereby allowing CAN to seek the additional funding it needed for its operations.

In early 2007, Duane Morris attorney Rachael Pontikes, with the assistance of Linda Stolz and John Schriver, all of the firm's Chicago office, secured asylum for a Ghanaian woman who had endured years of brutality and persecution at the hands of her common-law husband.

Prior to fleeing Ghana, the woman, both an entrepreneur and a mother, was raped, beaten and subjected to severe verbal abuse on a daily basis. Much of the violence stemmed from her partner's objection to her practice of Catholicism. Her husband also abused her four children, whom she was forced to leave in her sister's care. Even after she sustained near-paralyzing back injuries, the Ghanaian government refused to protect her from her abuser.

The woman's case involved a number of legal issues. In order to obtain asylum, Pontikes had to establish, among other things, that the woman was persecuted due to her religious beliefs and could not relocate to another place in Ghana and remain safe.

During the hearing, the woman was so impressed with Pontikes' advocacy that she said that she felt she was able to muster the courage to testify about her ordeal. Finally, at the trial's conclusion, the woman was granted asylum on religious grounds and is now eligible for U.S. citizenship.

She can now look forward to being reunited with her children, whom she has not seen in more than six years, and to finding a permanent job.

For the past eight years, Michelle Gervais' pro bono work at the firm has centered on issues involving children. In addition to her trial practice in Duane Morris' Miami office, Gervais is frequently appointed by the court and through Miami-Dade County's "Put Something Back" Program as Guardian Ad Litem in matters involving domestic violence allegations against or in the presence of minor children. Serving as a "friend of the court," Gervais makes recommendations based on home studies and interviews of witnesses and involved parties. Gervais also recommends to the court when psychologists and psychiatrists need to be appointed to interview and test the parties and the minor children involved and, where appropriate, she makes treatment recommendations. Additionally, when domestic violence matters turn into divorces with both parties filing for custody of the minor children, Gervais makes recommendations regarding custody determinations. Gervais has been recognized for her dedication to pro bono. Most recently, she was awarded the 2007 Domestic Violence Award by the "Put Something Back" Program.

Pittsburgh bankruptcy partner Joel Walker represented an elderly Pittsburgh woman in an effort to recover her life's savings and home, which had been taken from her through improper use of a power-of-attorney. The money was taken by a former neighbor whom she trusted and to whom she granted power-of-attorney. The neighbor used that as a mechanism to transfer her money and home to himself. The issues were litigated in common pleas court, superior court and bankruptcy court. Ultimately, Walker was able to help our client recover most of the money that had been taken and return her to her home.

For the past decade, intellectual property partner Lew Gould and IP attorney Max Voltchenko, both based in Philadelphia, have represented the National Association for Women Lawyers (NAWL) in IP matters involving everything from filing and maintaining trademark and copyright applications/registrations to drafting license agreements, accessing potential infringement claims and counseling on enforcement of NAWL's valuable trademark and copyright rights.

In particular, Duane Morris counseled NAWL on copyright protection for its 2006 report: NAWL's first National Survey on Retention and Promotion of Women in Law Firms. In 2008, the firm obtained trademark registration for the tagline "The Voice of Women in the Law" and the phrase "From Backpack to Briefcase" for NAWL's revolutionary transition program for law students.

In 2006, Anthony Gallia, a trial attorney in Duane Morris' Philadelphia office, helped a New Jersey woman find safety – and justice – after years of enduring physical abuse from her husband. The woman, Terry G., was accused by the state of one count of assault against her husband and two counts of criminal contempt.

Gallia quickly found that Ms. G. was not, as the state charged, the "accused," but was herself the victim. Her husband had beaten her regularly over the course of seven years. Typically, after the 6'3" man abused his 5'3" wife, he would wait until her wounds healed and then call the police to report that he was being abused.

At trial, Ms. G.'s now-estranged husband testified that he had been severely attacked by Ms. G. without provocation. But the evidence and cross examination told a different story—one that did not support his claims. Following a mid-trial motion, Judge LeWinn dismissed the assault charge and one count of criminal contempt. Ms. G. courageously testified on her own behalf and was ultimately found not guilty of the final remaining charge of criminal contempt.

"To say that my client was pleased – facing more than a year in jail plus fines and costs if found guilty – is an understatement," says Gallia. "She even hugged me after the trial. It was truly a case of justice being served."

John Weiss, a partner in the firm's Business Reorganization and Financial Restructuring Practice, has been a staff member of the Chicago Legal Services Organization for the past 22 years. In that role, Weiss provides free legal advice to small business owners facing financial difficulties. He has advised approximately 20 business owners on strategies for working out their difficulties with lenders. In addition, Weiss has represented business owners in bankruptcy reorganization matters.

Robert Byer, a trial partner in Duane Morris' Pittsburgh office, has handled several pro bono appeals before the U.S. Court of Appeals for the Third Circuit. In one instance, Byer obtained a hearing on a habeas petition for his incarcerated client, after which a district judge concluded that Byer's client had been convicted on the basis of perjured testimony. Most recently, Byer has been providing pro bono services to KidsVoice, an advocacy organization that serves abused and neglected children. Byer has worked with Duane Morris attorney Julia Tedjeske, also in the Pittsburgh office, in successfully representing two KidsVoice clients in appeals in the Superior Court of Pennsylvania.

Trial partner Paul Killion has handled a number of pro bono appellate matters over the years. These issues have ranged from immigration appeals before the U.S. Court of Appeals for the Ninth Circuit to state court appeals regarding driver's license suspensions and family law rulings. Many of Killion's past pro bono clients have been either indigent or incarcerated. Presently, Killion assists pro se indigents with civil appeals in a pro bono assistance project under the auspices of the California Court of Appeal, First District. Additionally, Killion, a resident of the firm's San Francisco office, provides advice on a wide range of legal issues to indigent clients at the Marin County Legal Aid Clinic in San Rafael, California.

Kenneth Argentieri, a trial partner in the Pittsburgh office, has been involved in numerous pro bono representations over the past decade. At his prior firm, he was the head of his office's pro bono effort. In addition, Argentieri was president of the Neighborhood Legal Services Association from 2002 to 2004 and a member of its board for eight years. As treasurer of the Allegheny County Bar Foundation, Argentieri helped raise in excess of $1 million dollars to help fund pro bono efforts. Presently, he serves on the Allegheny County Bar Association's Public Service Committee.

Sometimes, just helping pro bono clients obtain basic documents such as a driver's license can help a family deal with a much larger challenge. Recently, a young, hardworking Honduran couple in Washington, D.C. found themselves struggling to care for their infant son, who was born with serious heart defects requiring a heart transplant. As undocumented immigrants, and due to changes in laws restricting driver's licenses, neither of them could apply for a driver's license. Getting their son to and from the hospital for urgent medical care and visiting him there were almost impossible. On a referral, the couple found help in immigration attorney Denyse Sabagh. Sabagh worked with the Immigration Service to help the couple obtain permission to stay and work permits, a process that brought with it great risk. Because the couple was undocumented, bringing them to the attention of the Immigration Service could have led to deportation. Fortunately, Sabagh successfully obtained a grant of deferred action from the Immigration Service as well as the work permits, which are not typically granted. The clients then were able to apply for and receive Social Security numbers and driver's licenses. They can now travel to and from the hospital and be with their child while he obtains the medical care he needs. The couple also made arrangements with the state to obtain medical insurance.

Says Sabagh, "This was a miraculous result for a family in dire need."

Before joining Duane Morris' Pittsburgh office in 2003, Julia Tedjeske, a trial attorney, logged more than 400 hours in a pro bono representation of an Amish community in Pennsylvania's Cambria County. Tedjeske represented the community in its objection, on religious grounds, to displaying a "Slow Moving Vehicle" sign on Amish non-motorized vehicles. Tedjeske's representation involved hearings on individual traffic citations, a consolidated trial in the court of common pleas and appellate work.

Rick Darke, an attorney in the firm's Chicago office, recently represented an immigrant through The ARK, a Chicago-based philanthropic organization that assists Jewish individuals in times of need. After a bitter divorce and custody battle, Darke's client lost her life savings and was targeted in a bogus lawsuit for alleged property damage and failing to pay rent.

Darke appeared in court approximately one year after the suit was originally filed, asking the court to set the matter for trial and order the parties to comply with Illinois Supreme Court Rule 222. The rule requires that all parties make specific disclosures, such as the theory of the case, the computation and measure of damages, and the names of witnesses. The plaintiff failed to comply with Rule 222. The court granted Darke's motion in its entirety and dismissed the plaintiff's complaint with prejudice. The dismissal of plaintiff's case has enabled the client to recover a semblance of her former life, and she is now teaching at a local school.

Art Momjian, chair of the firm's Affordable Housing, Community Development and Syndication Practice Group, recently provided pro bono representation to a nonprofit organization that provides transitional housing for homeless pregnant women. He assisted the organization in closing a loan with the New Jersey Housing and Mortgage Finance Agency under the agency's new loan program for special needs projects and helped the organization with its shelter care support financing.

Atlanta-based Antony Sanacory recently conducted a seminar for nonprofits that provide counseling and financing to microentrepreneurs. As low-income individuals with few opportunities for upward mobility in the workforce, microentrepreneurs seek to improve their financial situation and improve their communities by operating small businesses. The Pro Bono Partnership of Atlanta provided a one-day clinic in partnership with the Association for Enterprise Opportunity (AEO) to address a variety of legal issues. Sanacory taught contracts, bankruptcy, collections and secured lending law at the clinic. The AEO will now be well armed to assist microentrepreneurs in starting successful businesses that will help improve struggling communities.