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The Exoneration of Sabein Burgess: Pro Bono Lawyers Overcome Junk Science and Help to Free an Innocent Man

09 June 2014   Blog | Tags:

On May 28, we cosponsored (along with the Constitution Project, the Innocence Project, and Steptoe and Johnson) a panel on the recent exoneration of Sabein Burgess. Burgess spent nearly twenty years in prison for a crime he did not commit. Aleta Spraguehas this report on the panel. At age 24, Sabein Burgess was convicted of murdering his girlfriend at their Baltimore home. His defense attorney called no witnesses during the two-day trial. Burgess was sentenced to life in prison; he remained incarcerated until this year –despite the emergence of contradictory eyewitness testimony and another man’s confession. Eventually, a team of attorneys demonstrated that he was convicted based on faulty forensic evidence. On February 21, 2014, Burgess, now 43, was finally able to return home. The panel featured attorneys from both Steptoe and Johnson and the Mid-Atlantic Innocence Project (MAIP), which worked together on behalf of Burgess. The panelists explained how the justice system failed Burgess by providing an ineffective defense attorney and repeatedly disregarding evidence of his innocence after his conviction – particularly the confession of Charles Dorsey, who today is considered the primary suspect. The conviction of Burgess rested almost entirely on questionable gunshot residue evidence – the validity of which wasformally reassessed by the FBI in 2005. Gunshot residue evidence has a high risk of contamination; today, the FBI has stopped using this type of evidence. Parisa Dehghani-Tafti of the Innocence Project explained how gunshot residue evidence and other forensic science tools were created by law enforcement, are subject to confirmation bias, and generally lack scientific rigor. Indeed, according to MAIP, “flawed forensic science testimony has been a factor in more than half of the DNA exonerations nationwide and in more than 20 percent of all exonerations nationwide.” Unfortunately, the Burgess story is not unique. A 2012 study found that more than 2000 individuals had been convicted and then exonerated of serious crimes since 1989. Mere weeks before Burgess’ release, another study found that exonerations in the U.S. have reached a record high—though an increasing number are linked to false confessions induced by plea bargains, rather than DNA evidence. Most disturbingly, a recent analysis published in the Proceedings of the National Academy of Sciences concluded that nearly one in twenty convictions in capital cases are wrongful – meaning that around 120 of the 3000 individuals on death row are innocent. As one panelist noted, “you have to think twice about the death penalty itself…when a case like this makes its way through the system.” Attorneys who worked on the case urged audience members to find ways to become involved with exoneration work (or with any pro bono cause that speaks to their passions). To learn more about the Mid-Atlantic Innocence Project and identify opportunities to volunteer, click here.

Pro Bono Without Borders: Getting Involved in Global Pro Bono

27 January 2014   Blog | Tags: ,

On Wednesday, January 29, we’ll be hosting Pro Bono Without Borders, a panel discussion about global pro bono. To preview the event, Renuka Nagaraj interviewed Jessica Ryckman, Special Counsel & Program Manager at Lawyers Without Borders, about doing pro bono work with an international dimension. Here’s what Jessica had to say: How did LWOB start, and what was the inspiration for it? Christina Storm, the current director, started LWOB about 15 years ago. At the time, she wanted to volunteer for an international program and she could not find any outlets to do this. This inspired her to start a quality program for lawyers and judges who wanted to do pro bono work abroad. What is the mission of LWOB? LWOB focuses on strengthening the rule of law and increasing access to justice around the world and providing pro bono lawyers the opportunity to work on these projects. How did you personally get involved with LWOB? I was working at a law firm and wanted to work on an international pro bono project. I found a project in Liberia that provided training for attorneys and judges on human trafficking laws. After working on this project in Liberia for about 3 weeks, I was hooked and wanted to do this kind of work full-time. I asked Christina Storm if there were any opportunities and fortuitously, LWOB was looking for someone in DC at that time. What do you do at LWOB? I am a Project Manager and Special Counsel and manage some of LWOB’s Africa programs. For example, I have been working, in conjunction with the US Department of State, on a Liberian human trafficking program, which produces in-person trainings and educational materials. I also work on LWOB’s Kenya initiative, which is creating an independent, Kenyan national-led program and also produces annual trainings there. What are the different kinds of projects that LWOB offers? There is a wide range of programs. LWOB does a lot of trainings for judges, lawyers and law enforcement abroad. We also send participants to observe important court proceedings as a neutral party to report on procedure and fairness at the proceedings. For example, LWOB volunteers observed the Caprivi Strip treason trial in Namibia, the longest and largest trial in this country’s history. Furthermore, LWOB creates graphic novels for countries with low literacy rates, on important topics—such as gender rights, human trafficking, inheritance and succession, and HIV/AIDS. Along the same lines, LWOB makes educational coloring books for children, such as one specific to children in Liberia on the dangers of trafficking. Does LWOB work with attorneys of all experience levels? Yes, LWOB takes volunteers of many experience levels. It works with college students, law students, attorneys, and judges. What advice do you have for those who are thinking of doing global volunteering? Just jump right in! If you are interested in pro bono work abroad, contact organizations that do this work and talk to people who have done it before. Don’t be afraid to reach out to people. Sometimes, people think that they can’t make the money or time commitment for a pro bono project. However, it’s not as time-consuming or complicated as you may think. So take the next step and start researching how you can start volunteering. What do volunteers like most about working with LWOB? A lot of people say that volunteering for LWOB was a life-changing event. Volunteers also most frequently comment that the LWOB programs are really well-organized and substantive. They had the chance to really get down to the nitty-gritty when working abroad and to work and build relationships with local lawyers and judges. Are you especially proud of any particular LWOB projects? LWOB has been training on a human trafficking in Liberia since 2007. Liberians have had a human trafficking law in place since 2005, and the first prosecution under the law was not until 2013. This case involved a prosecutor and judge that LWOB trained. After talking to them, they credit the training with helping them understand the law and how to hear and prosecute a trafficking case. That is something I’m so proud of, because it shows the impact you can have in other countries. To learn more, register to attend Pro Bono Without Borders – this Wednesday, January 29.

2013 Law Firm Award: Fried Frank

04 December 2013   Blog | Tags: ,

Fried Frank is a major international law firm, recognized for complex financial transactions, securities enforcement work, and high-stakes litigation across the globe. But its lawyers also focus on serving individuals and organizations at home in their communities. Fried Frank’s pro bono practice is broad. Most of Fried Frank’s pro bono clients are low income individuals, but some are legal services organizations and other non-profits, as well as small businesses and start-up entrepreneurs. Matters include ADA litigation, landlord/tenant cases, custody and adoption disputes, asylum and deportation cases, and a wide range of other matters. The firm has also prepared amicus briefs on a variety of issues to the U.S. Supreme Court and other appellate courts. More broadly, Fried Frank is a signatory to the Pro Bono Institute’s Law Firm Pro Bono Challenge. And the firm has established internal policies for advancement and bonus consideration that encourage and reward pro bono service. Earlier this year, more than 32 attorneys in the Washington office were recognized on either the Capital Pro Bono Honor Roll or High Honor Roll for performing 50 or 100 hours of pro bono service in 2012. Fried Frank also received the “40 at 50” award from the Judicial Conference of the DC Circuit because more than 40% of its lawyers performed at least 50 hours of pro bono service during the same year. Fried Frank has worked with a variety of great organizations on pro bono cases, and also has a longstanding relationship with the Washington Council of Lawyers. It has hosted and co-sponsored our events, organized and provided panelists for public-interest career forums and other activities, and has written amicus briefs and published jobs guides on our behalf. Finally, we are greatly for the active participation on our board – over the last two decades – of Fried Frank’s Public Service Counsel, Karen Grisez. Don’t miss tonight’s 2013 Awards Reception – and if you aren’t able to attend, we’ll be live-tweeting it at @WashLawyers! Submit Search the Site

2013 Legacy Award: Larry Schneider (Arnold & Porter)

02 December 2013   Blog | Tags: ,

by Aleta Sprague “Don’t sit back. Step up, take a case – just do it.” So advised Larry Schneider, when I asked him for a few words of wisdom for new attorneys seeking to get involved with pro bono practice. And he should know. The winner of our first-ever Legacy Award, Larry has made pro bono work a priority throughout his career, providing both direct services to low-income clients and leading the way in crafting policy reforms to improve the nation’s immigration system. Larry’s commitment to pro bono work emerged in law school, during which he represented clients in both civil and criminal matters through the law school’s clinics and spent a summer working at a legal services organization. Upon graduation, he joined Arnold & Porter, inspired in part by the firm’s established commitment to public service; according to longstanding policy, the firm urged each attorney to devote 15% of his or her time to pro bono matters. Larry joined the firm’s Pro Bono Committee early in his career and also took on a series of leadership positions with the Washington Council of Lawyers, including a term as president in 1983–1984. A pivotal moment in Larry’s pro bono career was the passage of the Immigration Control and Reform Act in 1986, while Larry was serving as Chair of the DC Bar Public Service Activities Committee (now the Pro Bono Committee). Larry recognized that many individuals in DC would newly qualify for citizenship under the Act, but that there was insufficient capacity to accommodate all their legal needs. So Larry began organizing a pro bono effort among area law firms, and got Arnold and Porter to partner with Ayuda and the Washington Lawyers’ Committee. Through this collaboration, volunteer attorneys were able to both serve clients through clinics and identify and address policy issues. Since then, Larry has led Arnold and Porter’s pro bono immigration efforts. One of the most challenging aspects of the work has been coping with deficiencies within the immigration system itself – for example, due to inadequate resources, there are often significant delays in cases being set for hearings. This challenge, however, has also created an opportunity. One of Larry’s most significant projects in recent years involved evaluating the entire U.S. deportation system and providing recommendations for reform. The project, an effort of over fifty Arnold and Porter attorneys, culminated in alengthy report analyzing all aspects of the deportation process and providing sixty policy recommendations for both administrative and legislative action. While Congress has yet to act on the legislative recommendations, a number of administrative changes have been put in place as a result of the report. The policy recommendations themselves, which were endorsed by the ABA, emerged from issues that pro bono attorneys were observing in their cases. The report provided an opportunity to address these issues more systemically. Larry noted that working on pro bono matters as a team helps tremendously in enabling attorneys to balance pro bono work with the rest of their practice – though ultimately, “if you want to do something, you can make time for it.” At Arnold and Porter, for example, two attorneys, along with an associate mentor and a supervising partner, are assigned to each asylum case. This model provides both flexibility and sufficient support to enable new attorneys to feel comfortable getting involved and taking on cases. Larry is an ideal recipient of our inaugural Legacy Award. In addition to his commitment to pro bono work in the DC area, he has been a Washington Council of Lawyers member for over 35 years. Larry served as our president from 1984–85, and has been one of our most trusted advisors, as well as a wonderful mentor to our future leaders. We are pleased to recognize Larry’s exceptional contributions to both pro bono work and the Washington Council of Lawyers. Don’t miss our 2013 Awards Reception to learn more about Larry and this year’s other award winners!

2013 Awards Keynote Speaker: Paul Smith (Jenner & Block)

27 November 2013   Blog | Tags: ,

by Elise Helgesen Aguilar I was honored to speak with Paul M. Smith, Partner at Jenner & Block LLP, and keynote speaker for our 2013 Awards Ceremony. I asked him to take a look back on his extraordinary career in civil rights and pro bono work. Below are his insights: Lawrence v. Texas Paul has had a remarkable career, from arguing one of the biggest civil rights cases of our time, to receiving numerous professional accolades. He has even served as President of the Washington Council of Lawyers, where he said he was honored to have made so many good friends who continue to “fight the good fight” all across town. When asked to describe his greatest professional accomplishment, Paul said that it was without a doubt arguing and winning the 2003 Supreme Court case of Lawrence v. Texas, because it has had the greatest overall impact. That victory laid the foundation for advancing gay rights and was a necessary predicate for issues like marriage equality. Becoming a lawyer Paul said that his real interest in pursuing a career as a lawyer began in college. That was the era of Watergate, when lawyers became publicly acknowledged for their work in ferreting out corruption and bad dealings. He knew that the law was a profession in which he could make a difference. This eventually led him to the civil rights field as well, where he was inspired by women’s rights, African-American civil rights, and the environmental movement. Career Challenges Paul’s greatest challenge has been maintaining a high volume of pro bono work while managing the expectations of working in a law firm. He noted that this requires going above and beyond the expectations of the firm. Judging from Paul’s long list of accomplishments, it’s obvious that he has been very successful in overcoming this challenge. Supreme Court  I was most excited to hear more from Paul about his experiences arguing before the Supreme Court. He has done so fourteen times. He stated that the first experience was “pretty harrowing,” especially as a thirty-year old. He also said that while he has learned over time how to better prepare, that arguing before the Supreme Court justices never gets any easier; in fact, the Court has become even more aggressive over time toward lawyers. I tried to press Paul on whether he would reveal any particular rituals, superstitions, or lucky articles of clothing that he dons in preparation for the Supreme Court. He said he had none, and that he prepares by memorizing his opening lines so as to not go completely blank when he faces the justices. But it’s clear that he doesn’t need any lucky rabbit’s foot – his hard work and dedication to civil rights and civil liberties are more than enough.

2013 Presidents’ Award: Judith Sandalow (Children’s Law Center)

26 November 2013   Blog | Tags: ,

by Sara Safriet Judith Sandalow came to focus on children and the law after being a foster parent of two boys approximately 16 years ago; she later adopted them both. When Judith was approached by Children’s Law Center, this experience allowed her to view the world from the perspective of her future clients. Before joining CLC, Judith graduated from Yale Law School and then returned to Washington, DC as a Juvenile Justice Fellow at Georgetown University Law Center. After starting a juvenile clinic at DC Law Students in Court, Judith developed a successful criminal-defense practice specializing in representation of juveniles and adults charged with serious crimes. When she joined CLC in 2000, Judith had no previous experience with fundraising, organizational leadership, or recruiting and managing pro-bono attorneys. But her passion – to help the community that she herself was part of – led her to learn these skills. Indeed, her leadership and dedication have helped CLC expand from three people to a staff of over 80. CLC is now the largest nonprofit legal services provider in the District of Columbia. Approximately one-fifth of CLC’s 2,000 cases each year are managed by pro-bono attorneys. Judith believes that it is not difficult to engage pro-bono attorneys in the District: many local attorneys have exhibited an extraordinary capacity to give their time, resources, and dedication to important causes. For those interested in or thinking about taking on a pro-bono case, Judith believes that there are many benefits to doing so with CLC: (1) helping the lawyers feel connected to their communities, (2) engaging with a part of the city that one does not often interact with, (3) putting the world in perspective and helping to stop sweating the small stuff in our lives, (4) learning more about a new area of law, and (5) breaking down stereotypes and educating one another – pro bono lawyers have an opportunity to see how smart, tenacious, inventive, and passionate the poorest of the District’s residents can be. We’d also be remiss if we didn’t point out that Judith and her colleagues have  worked actively with Washington Council of Lawyers. CLC lawyers have served as faculty at our litigation skills trainings, and CLC’s current and former pro bono directors are members of our board. Last but not least, Judith has donated her time to the our mentor/mentee program.

2013 Government Pro Bono Award: Jay Owen (DOJ Antitrust)

24 November 2013   Blog | Tags: ,

By Tori Roth Jay Owen has been an attorney in the DOJ Antitrust Division since graduating from George Washington University Law School in 2007. Soon after beginning his practice, he started doing pro bono work for the Washington Legal Clinic for the Homeless. Each year at the Clinic, Jay conducts four or five intake sessions. Over the years, he has opened about 150 cases. Most of them were open and shut (some even closed the same day), but several have lasted longer. For Jay, the most rewarding part of pro bono work is helping his clients with concrete problems, even if it means removing only one of many stumbling blocks. In other instances, his pro bono work can be tremendously valuable simply because he is there to listen. One of Jay’s cases has turned into a standing pro bono client, and Jay is always willing to listen when this client calls with a new issue, as he has about once every six months for the past two years. For anyone interested in pro bono work, the biggest hurdle is the intimidation factor – the fear of doing something wrong. But Jay advises that many pro bono clients have no one else to turn to, and they appreciate any assistance, even if it’s not perfect. And as Jay has demonstrated, pro bono work allows lawyers to assist not only an individual, but also an entire community. One final note: Jay became interested in working with the homeless during law school, when he started volunteering with Gifts for the Homeless, a non-profit staffed by volunteers from the Washington, DC legal community, and that serves the local homeless population. Jay now serves on its board  and encourages everyone to participate in their annual clothing drive, which will take place Friday, December 6 through Sunday, December 8.

2013 Poverty Simulation: A Recap

21 November 2013   Blog | Tags:

by Cheryl Polydor “I felt beaten down.” “I felt humiliated.” “I felt like my entire life was spent filling out forms and standing on lines.” “I felt powerless.” That’s a sampling of the comments made by this year’s Poverty Simulation participants, after spending a morning enacting the role of a person living in poverty in the United States. The three-hour interactive program, originally developed by the Missouri Community Action Association, gave participants a taste of the day-to-day reality of dealing with landlords, employers, store owners, social workers and legal aid lawyers who held the participants’ fate in their hands. The program was facilitated by attorney and social justice activist Tiela Chalmers. A group of about 50 lawyers and students were on hand to play the roles of low-income working families, undocumented individuals. senior citizens, single parents, and others living in poverty – as well as the  representatives of a system that often felt arbitrary, oppressive, and just plain broken. Transportation passes were required to go everywhere – even to the office where the transportation passes were distributed; if you ran out of passes for the month, you were out of luck, even if you needed one to visit the doctor, the legal aid bureau, or the unemployment office. Landlords and bankers gave incorrect or incomplete information to struggling families who might have avoided eviction and remained in their homes if they’d been fairly informed of their options. The police seemed to be unfairly targeting people in the community, while being slow to provide help when it was actually needed. Participants were visibly moved by the program, and some said they were inspired to work on ways to change the way the system works – or doesn’t work – for people and communities living in poverty. Chalmers encouraged us to continue to see beyond the statistics and reports, and to remember both the tangible and the emotional cost to individuals living in poverty, whose numbers may at some time have included some of us sitting in that room. It was a challenging, rewarding event – and we can’t wait to do it again next year.

Walk A Month In Someone Else’s Shoes

12 November 2013   Blog | Tags:

By Cheryl Polydor “You never really understand a person until you look at things from his point of view … Until you climb inside his skin and walk around in it.” Harper Lee, To Kill a Mockingbird. Activist and attorney Tiela Chalmers wants you to take a walk inside the skin (or the shoes) of a person living in poverty today in the United States. With an impressive background in providing legal services for the poor, Chalmers now travels around the country leading audiences in the Poverty Simulation, a three-hour interactive presentation developed by the Missouri Community Action Network. Chalmers has customized the event for legal and medical professionals. The Poverty Simulation gives participants a deep, visceral understanding of the day-to-day experiences of a person living in poverty. The difficulties and frustrations in their dealings with agency officials, store owners, landlords, the police, and others are vividly and realistically portrayed. As a result, Chalmers says, even experienced professionals who work with the poor find the Poverty Simulation to be a real eye-opener. Many of us may be aware, on an abstract level, that to be poor is typically to endure substandard housing, education and health care, and to lack economic opportunity and access to justice. But how many of us really can imagine what it’s like to try to nourish our family with food stamps, to work two low-paying jobs to try to keep a roof over our family’s head, or to help our children with their homework when we come home thoroughly exhausted at the end of a 16-hour workday? The Poverty Simulation can’t quite bridge the gap. Chalmers promises, however, a moving experience that will forever change the way you view and interact with people living in poverty. We hope you’ll join us on Wednesday.

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