For the Good of the Gulf: UNC Law Winter/Spring Break Pro Bono Project

Monday, February 08, 2010




Supervising attorney, Candace Fowler of Kilpatrick Stockton, with volunteers at the Pro Bono Project of New Orleans

"...made me feel like a real public servant"

One of the most salient social changes effected by Hurricane Katrina is the surge in the mostly-Hispanic immigrant population in New Orleans. Prior to the storm, the Spanish-speaking population was of negligible size; some estimates now put the number of Hispanics in the city at 40,000 – out of a total municipal population of around 350,000.
In many communities across the US, impoverished Hispanics without valid immigration status face a triple-threat: the challenges inherent in their dire economic circumstances; their lack of knowledge of the local language and customs; and the fragility of their presence in the US, continuously passing between the formal economy of citizens and the shadow economy of illegal immigrants. Orleans Public Defenders (OPD) recognizes the need for legal representation among New Orleans’ indigent non-citizens, especially non-English speakers, and I had the opportunity to assist in the provision of that service.
When law enforcement authorities detain persons they suspect of having less-than-legal standing in the US, they often report their detention to Immigration and Customs Enforcement (ICE). Such was the case for my client. Having already been deported in 2000, his deportation order was still in effect, so he was eligible to be sent back to Honduras within a matter of weeks. Aware of the circumstances, he was prepared –ready, in fact – to be sent home, and simply wanted to be deported as quickly as possible. However, the municipal infractions for which he had originally been detained prevented ICE from executing his deportation. With guidance from the OPD, I was able to intervene on his behalf. His traffic violations were dropped, and his file was cleared for processing by ICE. As a result, he may be going home as early as next week, rather than sitting in Orleans Parish Prison until March 31, the original date of his next court appearance for those same traffic violations. I was pleased that my efforts served my client; the satisfaction of knowing that I had reduced the burden on the Orleans Parish courts and prison systems, thereby serving the residents and taxpayers of New Orleans, made me feel like a real public servant. --Dac Cannon

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"a humbling experience"

After a thirteen-hour drive through the likes of Georgia, Alabama, and Mississippi, we arrived at our hotel late Sunday night. The group working with the Pro Bono Project was split into two sections; one working on pro se divorces, the other drafting affidavits to help clarify property successions.

Being in the successions group, I attended a quick training session on how successions and property laws function in Louisiana, and then we were given multiple files to work through.

Going through each folder to draft an affidavit is a humbling experience. Viewing various documents, including sale records and death certificates, one gets a brief sense of the events that have transpired in a family. It is clear that because of the hardship some families have to endure, the Pro Bono Project’s services are a vital source of help, perhaps even closure.

Learning the brief ins and outs of Louisiana’s succession laws, and subsequently being able to traverse various records in order to draft an affidavit, has been quite a learning experience. Working through theory and cases is valuable, but using some of the lessons learned in the classroom in order to help families in a practical way provides for a unique experience.

We will not be able to see the final outcome of every case, or get to talk to all of the clients in person, but I hope that the time and work we were able to give truly helps the families involved. For a region that has suffered through difficult times, and is still suffering in many areas, being able to lend a helping hand has been a rewarding experience. --Bradley Ayecock

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"...impressed and energized by the zeal, commitment, and skill...at the Pro Bono Project"

During the trip, I worked with the outreach attorney at the Pro Bono Project. The Project hosts several outreach clinics each week, where low-income individuals can seek basic legal advice. I helped the outreach attorney research a variety of issues - name change, obtaining Medicaid benefits, pursuing an insurance claim, rights of mental health patients in a hospital, housing code violations, and debt/creditor issues for example - and then prepared client letters or short memos to explain the possible remedy and next steps for the client. Even where a legal remedy did not exist or successfully obtaining a judgment would be unlikely, at best, the willingness to do thorough research and prepare thoughtful communication was the same. Overall, I was impressed and energized by the zeal, commitment, and skill that all the staff at the Project, and the attorney I was working with particularly, had for building a relationship with their clients and advocating on their behalf. My experience made me very interested in understanding the particular challenges in working with low-income clients, many of which are struggling with homelessness, unemployment, or disability. It is evident that even more than four years after Hurricane Katrina, the city is still struggling to provide adequate services for low-income individuals, those who were displaced by the hurricane, and others who are still searching for stability after the storm, making the work of organizations like the Pro Bono Project even more critical. --Mary Irvine

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"...a sign of the remarkable human spirit even after disaster"

I was very impressed upon witnessing the work that is going on at the Orleans Parrish Public Defenders. This is still a program in its infancy; up until around five years ago, New Orleans did not have a formal pubic defender’s office. Rather, the public defenders were private attorneys selected by the magistrates. As you might imagine, this led to a broken system in which magistrates could simply choose not to reappoint lawyers with whom they disagreed. The current system is flawed, as well. It does not seem that arrested citizens of New Orleans receive adequate defense, though this is not a result of lack of effort on the part of the Public Defenders. Instead, the system fails to function as it should because of a lack of funding.

In trying to improve the Office of the Orleans Parrish Public Defenders, recent law school graduates are generously donating their efforts. Benji, a recent graduate of Yale University Law School, and Sandy, a recent graduate of NYU Law School, were two of the Office’s law clerks with whom we worked. They are on fellowships; the Office does not have the resources to pay them. Both were exceedingly bright, motivated, and personable. That these individuals are spending their post-graduate time working for the Orleans PD, and not at more lucrative or prestigious firm jobs or judicial clerkships, speaks volumes. More than anything, the presence of these individuals at the Orleans PD gives me hope for the future of the justice system in New Orleans.

During our week at the office, the most beneficial work I felt I accomplished for the office was in a data entry project. In order to obtain $600,000 in additional funding from the State of Louisiana, the office needed to log all of the casework they had done over the past year in New Orleans Municipal Court. The forty law students working at the PD’s office during the week (ten from UNC, but also students from: American, Fordham, NYU, and Chicago-Kent) worked on this data entry. Much of the activities we engaged with throughout the week were beneficial from our perspective as students—jail visits, interviews before first appearances, watching trials. However, I feel that the data entry work was our single most substantial contribution to the Office of the Orleans PD. It will directly result in much-needed funds.

Finally, our trip to the Ninth Ward was a sobering but enriching experience. Ostensible signs of the devastation are gone; the debris has been long removed. Yet, subtle signs remain of what occurred four years ago. Concrete foundations marked where homes used to stand. And a lack of activity, generally, brings pause when witnessing a neighborhood that was once densely populated with thousands of New Orleans more indigent. Yet there are signs of hope. Creatively designed “Make it Right” buildings, built to be completely flood-proof and energy efficient, are scattered throughout the area. Slowly, some of the displaced are beginning to return to the area. Truly, this is a sign of the remarkable human spirit even after disaster. --Sam Diamant

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Exploring new floodwalls that will protect the Crescent City for years to come

A rare free moment at the Public Defenders' Office

"...A reflection of the city’s recovery...a reason for optimism"

My work at the Orleans Public Defenders (OPD) office focused primarily on first appearance interviews with people arrested for misdemeanor offenses at the criminal court, which is a short walk from the OPD’s office. Before the commissioner decided on the bonds of the inmates, we interviewed them and asked for information that might persuade the commissioner to reduce the bond. We also gathered contact information of family and friends who might be able to post the bond. The last step in the process was to call these people and let them know of an inmate’s bond.
This experience was much more valuable than I expected it to be, since it was my first contact with clients as a law student. I also developed a greater appreciation of the importance of public defenders. After seeing how the system works at the very early stages of a criminal case, I more fully realized that justice cannot be served without a competent and adequately staffed public defenders office.
Hurricane Katrina is obviously the main reason why our group from Carolina Law came to New Orleans, but I found that the events of five years ago held a different significance than I thought they would. Rather than dealing with the direct consequences of Katrina, our work reflected how New Orleans has become a hub for volunteers from around the country traveling to a major American city to address urban poverty. Law students from NYU, American University, Fordham, and Chicago-Kent joined Carolina Law students at the OPD office and we worked together for a week. There were over 30 law students in the office. Our supervisor himself originally came to New Orleans as a law student from Yale a year after Katrina, and he decided to work at the OPD as an intern during one of his summers before working full-time for the office after he graduated. In fact, the OPD itself seems to have taken off only after Katrina—before the hurricane, there was no public defenders office. Now, there are around 50 attorneys working in the OPD and they regularly receive and train volunteers. After we leave, 30 more volunteers from other law schools will be arriving the following week. Although there are serious problems in New Orleans and Katrina still exerts a shadow on this city, the OPD was a reflection of the city’s recovery and provides a reason for optimism. -- Jared Elosta

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"to be a part of the solution was extremely rewarding"

On our trip, I had the opportunity to work with the New Orleans Pro-Bono Project. Prior to the trip, I heard skeptical opinions of “Why New Orleans?”. As we arrived and began working, it became easily apparent why the needs of the people in New Orleans are still great, even five years after Katrina. I worked drafting divorce pleadings and then meeting with clients to sign their petitions. As was pointed out to me, many of these divorces were a result of marriages in 2006, in the aftermath of the storm. The majority of these marriages had already been dissolved in effect, but were not legally ended. Having the opportunity not only to see how the hurricane and the air of uncertainty affected individuals, but also to be a part of the solution was extremely rewarding. -- Elizabeth Morgan

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Students at the Pro Bono Project with Zakiya LaGrange

"Any small contribution from students can be an immense help"

On the last working day of our trip, several of us working with the Pro Bono Project visited the court house in Orleans Parish to file divorce petitions we had drafted and reviewed with clients earlier in the week. While at the court house, Judge Madeline Landrieu took time to speak with us.

I know that I was apprehensive about attempting to do legal work after only one semester of law school and questioned how much I could really accomplish. The work I did on this trip and Judge Landrieu’s remarks convinced me that, regardless of your level of legal training, you can help. I realized how much I had, in fact, learned the first semester of law school and how my small amount of knowledge could be put to use. Judge Landrieu pointed out that doing the smallest, seemingly most basic work, for an organization can be a huge help. I spent time researching adoption statutes, filling out divorce petitions, reviewing the petitions with supervising attorneys, and meeting with clients to get the paperwork signed for filing. This work provided me an opportunity to learn about a very specific area of the law, develop research skills, and interact with clients and supervisors. Most importantly, however, it freed up more senior attorneys to work on more complex cases. Judge Landrieu reminded us that as legal professionals, attorneys are the public’s access to the legal system, and that organizations like the Pro Bono Project that provide free legal services are so inundated with clients, that any small contribution from students can be an immense help. As much as I know that we helped the Pro Bono Project, I think I took away even more for myself, including the motivation and confidence to continue doing pro bono work throughout my law school career.

Thank you to all the legal professionals in New Orleans who hosted us, Judge Landrieu for taking the time to meet with us and for reinforcing how important our visit was, and to my fellow law students for an overall amazing experience. -- Jenna Hoeler

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"Successions...a candid view into the problems families face after a loved-one has passed"

My experience in New Orleans was amazing. Being a New Orleans native, this trip's mission was very close to my heart. Before we began, I didn't think I would be able to contribute a lot because I only had one semester of law school under my belt. As the project progressed, I realized that showing up with a good attitude coupled with the great legal education of UNC-Law enabled me to give a lot more than I originally expected. Working on the succession team gave me a candid view into the problems families face after a loved-one has passed. Though we were only there for a few days, I am certain we made a substantial contribution to the Pro Bono Project in New Orleans. I am very thankful for this wonderful opportunity! -- Jamille Wade

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