Tuesday, May 22, 2012

First Person: Helping victims of domestic violence find a way out of their problems is energizing

By Sarah Austin, Third year law student at Emory University College of Law
*Originally published in the Fulton County Daily Report, May 3, 2012


I attended my first temporary protective order hearings last June with no idea what to expect, or what would soon be expected of me.


As a rising third-year law student interested in family law and public-interest work, I'd taken an internship with Legal Aid of Cobb County for the summer. This branch of Atlanta Legal Aid runs a thriving Family Violence Project through which volunteer and staff attorneys represent clients in the rapid-paced process of obtaining a TPO.


To my delight, I fell in love with the work and remained in Cobb County part-time through the first half of my third year at Emory University School of Law.


For my final semester, I moved to a field placement with the Atlanta Volunteer Lawyers Foundation's Domestic Violence Project, which assists victims of intimate partner violence and stalking in Fulton County's TPO Court. As in Cobb County, our clients typically seek an initial ex parte order preventing the respondent from contacting the petitioner for 30 days. We then prepare for a more formal hearing, in which the order may be extended to 12 months and other provisions, such as use of a home or child support, may be granted.


The details of my experiences in Cobb and Fulton counties differ somewhat, but the realities of representing victims of domestic violence are the same. I've counseled men as well as women and victims of violence in gay and lesbian relationships.

The impact of a down economy has been staggering. I've met more than one person who remained in an abusive situation with a platonic roommate because they couldn't afford to move. Luckily, under Georgia law a shared residence establishes a family relationship for TPO purposes. For each such unusual case, there are countless women in violent holding patterns with their partners-women for whom leaving could mean homelessness and the fear of losing their children. In these cases, our counseling goes beyond how to obtain a TPO, into trying to change situations with a thousand moving parts, all broken.


It's tempting to view a complex life from the outside and presume I know how to fix it. Statistics bear out that on average, a woman will attempt to leave an abusive relationship seven times before she cuts it off for good. I've had clients assist me in preparations for their hearing, gathering evidence and witnesses, and then not showing up for court. Many clients have supportive families and friends willing to assist in a crisis; many still do not, and are left with hard choices to make.


My friends and classmates often remark on how depressing my job seems, and truly, it's hard to overstate the gravity of helping someone through the turning point a TPO often represents.


My clients can be inspiring, frustrating and educational, often in the same conversation. But I am energized by the conversations in which I can point someone to the right resources, help her see a way out of what seems an insurmountable problem, and see her believe that she deserves a way out. I didn't know what I was getting into when I began taking TPO cases, but I'm so glad I did.

Teaming Up for the Greater Good

By David M. Zacks and Hillary D. Rightler, Kilpatrick Townsend & Stockton, LLP

Undoubtedly, providing legal assistance to those who cannot afford it is one of the

highest callings of our profession. Many law firms, with immense resources and talent

on hand, have chosen to answer this calling by developing and maintaining some type of

pro bono program. The success of these programs within a culture that is typically

structured around “the billable hour” depends entirely on the level of commitment that

lawyers at all levels of the firm are willing to invest.



Typically, meaningful participation in pro bono work is highest among young

associates, eager to get their feet wet and looking to prove themselves. However,

associates alone should not be left to carry the torch. The true value that a robust pro

bono program can provide to a firm, and the corresponding benefit to the communities

that are served through such a program, cannot be realized without significant

participation at the partner level as well.



A partner is doing a disservice to the client and the legal profession if he just tells

an associate to “handle” the problem. Any pro bono case the firm agrees to take on

deserves to be treated as seriously as the biggest case in the firm or the firm should not

accept it. A firm should recognize that pro bono work provides a unique opportunity that

gives seasoned partners and new associates a chance to work together as a team towards a

rewarding goal.



I recently worked on a pro bono matter that involved helping a family trapped in

an apartment with deplorable living conditions that posed significant health and safety

risks to the entire family, including the client’s four-year old granddaughter.

Immediately after accepting the case, the newly assembled team (which included

a first-year associate, the firm’s investigator, members of the non-profit organization, the

Atlanta Volunteer Lawyers Foundation, who had referred the case to the firm, and

myself) agreed to roll up our sleeves and get to work at the site.



We headed out to the apartment to meet the client and get a first-hand perspective

of the problems that the family was facing. We went to work documenting all the

deficiencies that plagued the unit, which included, among other things, widespread mold,

persistent insect infestation, and gaping structural damage. Our presence did not go

unnoticed. The onsite manager for the virtually abandoned complex saw us there and

within hours slipped a note under the client’s door claiming that management wanted to

fix many of the defects.



Having personally witnessed the woefully inadequate results of any prior attempts

management had made to rectify the issues, we immediately responded that we believed

the hazardous conditions were beyond repair. By the time we had returned to the office

that afternoon, the case was off the ground and running.



In the days that followed, we tackled the case as a team, relying on the individual

strengths that are present at both the partner and associate level in order to provide the

best representation to the client. In cases like this, partners can use the benefit of their

experience to develop an overall strategic approach to obtain the desired result for the

client as quickly and efficiently as possible. Meanwhile, associates can work on

managing the influx of daily issues to improve their client counseling and problem

solving skills.



Properly handling pro bono cases frequently requires constant communication

between the team members because of the nature of the situation many of these clients

face. Some live in dangerous living conditions, posing an immediate threat to their health

and safety.



In our case, we faced obstacles which ranged from handling management’s failure

to respond to an emergency flooding of sewage water draining into the unit to curing a

cashier’s check that bounced. Straight forward communication at the partner level was

able to solve all of the problems the team encountered.



As a result of our joint focused efforts, within a few weeks, we successfully

obtained a lease rescission and a cash settlement that allowed our client to move her

family to a new apartment that was safe, quiet and clean. After hearing she was safely

settled in her new place, we immediately sent a personal housewarming gift to our client

wishing her family the best as they move forward.



Throughout the case, the most valuable lesson I impressed upon our team was the

importance of treating the pro bono client with the same respect and dignity as any of the

firm’s other clients. We received a phone call from our client the next day. With a sense

of upbeat confidence and renewed hope echoing through her voice, she expressed her

gratitude to the team.



Pro bono cases present a valuable opportunity for partners to team up with

associates and get to know them better. At the end of the day, each will have pride in

what they both accomplish for the greater good. Law firms should encourage partners to

take the time to instill a deep commitment to pro bono work in the fresh minds of its

young associates who are poised to carry the success of the firm into the future.