Lawyers Giving Back Archive

Attorney Mark Scurti lends a Pro Bono Hand to those facing Bankruptcy

January 17th, 2012. By BrendaC

Attorney Mark Scurti has donated countless hours of his time to help people through tight spots with creditors over the last decade. Since 2001, Scurti has handled more than 50 bankruptcy cases pro bono and has eight more on the docket for 2012. “I didn’t realize it had been that many,” says Scurti. “You do what you need to do especially in times when people really need help.”

Not only has he personally handled pro bono cases, he’s also helped hundreds of other people avoid costly legal expenses by teaching them how to represent themselves in bankruptcy court.

Scurti, who is a bankruptcy lawyer with the firm of Hodes, Pessin & Katz, was recently chosen as the Maryland Volunteer Lawyers Service (MVLS) volunteer of the year. The award is in recognition of the volunteer attorney who has done the most to further assistance to pro bono clients through the MVLS. Modest to the core Scurti says, “I was very honored and humbled by that award but I am just one of many lawyers who do pro bono work. The Maryland Bar Association and MVLS are both very passionate about seeing that people are represented and making sure that the system works.”

As many as 1,500 people a month in Maryland appear in bankruptcy or debtor court—many cannot afford a lawyer and there aren’t enough pro bono lawyers to go around. Up to 16 per cent of those people opt to represent themselves pro se—that is, advocate for themselves. “Finding volunteer lawyers to take all intake cases can be difficult,” says Scurti.

Scurti set up some “pro se” clinics where lawyers give filers a quick primer on what they need to know about going to bankruptcy court. “I harangued some fellow attorneys of mine to come in and provide 15 to 20 minute consultations,” says Scurti. “They can talk to an attorney after and get some guidance—is this something I should really do by myself—or do I need to get an attorney to do?”

And how do they do? “Well, they do pretty well,” says Scurti.”

“Obviously the forms are overwhelming to them but many times it is just a matter of unlocking some of the mysteries of what these forms are, where they go, and a lot of the folks can do it successfully,” he adds. “But there is a lot of support for them, too.”

Bankruptcy and debt problems are Scurti’s areas of expertise. For lawyers whose practices don’t typically handle those kinds of issues, but who would like to help the thousands of Americans struggling with debt problems, Scurti and the MVLS recently set up a workshop to get attorneys up to speed on bankruptcy court. “We actually got about 55 new attorneys who came in for the workshop on how to prepare a simple chapter 7 bankruptcy application,” he says. “We were able to place about 30 cases with pro bono attorneys and we got rid of a lot of cases that were back-logged in the system.”

Scurti and the MVLS even produced a video several years ago for pro se filers. It can be found on the US Bankruptcy court website.

Attorney Mark Scurti is a member of the Hodes, Pessin & Katz Corporate and Business Services Group. He primarily practices bankruptcy law. He also practices same-sex/LGBT law. He received his law degree from the University Of Baltimore School Of Law and holds a B.A. in Marketing/Business and an M.B.A. from Loyola College in Maryland.

Tags: Attorney Mark Scurti, bankruptcy, Hodes Pessin & Katz, Mark F. Scurti, Maryland Attorney, Maryland Volunteer Lawyer Service, Pro Bono, pro se
Posted in Emerging Issues, Lawyers Giving Back | 2 Comments »

Attorney Kristine Havlik: Wills for Heroes is Rewarding Pro Bono Work

December 20th, 2011. By BrendaC

Milwaukee wills and estates lawyer, Kristine Havlik is sending out a clarion call to lawyers in all parts of the state of Wisconsin to share their valuable time to help prepare wills for the first responders who risk their lives each day in the service of others. Havlik, who is senior counsel with the firm of Foley & Lardner, helped establish the Wills for Heroes program in Wisconsin in 2009. Since then, the pro bono wills & estates clinics have prepared more than 1,000 estate planning documents for firefighters, police officers and other emergency personnel and their families.

The Wills for Heroes Foundation was originally the brainchild of Anthony Hayes, a partner with the Columbia, South Carolina firm of Nelson, Mullins, Riley & Scarborough, conceived of in the aftermath of the September 11th, 2001 attack on the Twin Towers. Since then the program has branched out to 27 states across the U.S. Its mission to is help “those who serve us” by providing free preparation of wills, living trusts, powers of attorney and other important estate documents to qualified persons serving in the military or as civic first responders.

Although the numbers may not be exact, it is estimated that 80 to 90 percent of these individuals do not have estate plans in place and the need to help them is a great according to Havlik.

Apart from the cost, there seem to be two barriers. The first is logistical, the second is psychological. “They work some unusual hours, it is not necessarily 9 to 5” explains Havlik. “It may be difficult for them to find the time to come in and meet with an estate planning attorney.”

“The second reason is that preparing estate documents may put into perspective the real dangers of their occupation and there may be some real fear of dealing with that,” she adds.

She specifically recalls a young man who had signed up to serve with the military after 9-11 and then went on to join the police department in Milwaukee. He brought his wife and baby in to sign estate documents. “He’d never had a will,” says Havlik.

Over the last two years Havlik has trained 500 lawyers to prepare wills and estates at free clinics in the Milwaukee, Madison and Green Bay areas of Wisconsin. “We are hoping to launch in northern and western Wisconsin and it is there that we’re struggling to find lawyers to take this on and go with the program,” says Havlik.

Havlik has recently been helping a colleague at the Foley & Lardner office in Tampa to establish a Wills for Heroes program in Florida.

Havlik’s leadership has been recognized in this area with both the Gordon Sinykin Award of Excellence (2010), an award that recognizes attorneys for their work on an individual law related education or public service project, and the coveted Milwaukee Bar Association Pro Bono Publico Award (2011). In addition, Ms. Havlik was named to the 2006, 2007 and 2008 lists of Wisconsin Super Lawyers–Rising Stars for her estates & trusts and tax & individual planning work.

Kristine L. Havlik, University of Virginia 1999, is senior counsel of Foley & Lardner LLP, Milwaukee. She is a founding volunteer and major advocate of the State Bar’s Wills for Heroes program.

Tags: Lawyers Giving Back, Milwaukee Attorney Kristine Havlik, Pro Bono, Wills for Heroes
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Attorney Chris Kitchel Goes to Kenya Pro Bono

September 20th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Oregon Attorney Chris Kitchel of Stoel & Rives…

Attorney Chris Kitchel: “Rape is a way of life…and anyone who even tries to report a rape will be denigrated and called a “whore” or worse.”

Veteran trial attorney Chris Kitchel came away from two months as a volunteer lawyer in Kenya with, among other things, a fresh appreciation of the American justice system. “I have a renewed appreciation for our legal system, how valuable and precious it is and we as lawyers must continue to work hard to keep it a just system,” says Kitchel who has been a practicing trial lawyer for 31 years.

A partner in the firm Stoel & Rives, Kitchel decided to use her sabbatical to work with a group called Lawyers without Borders. Based in Hartford, Connecticut, Lawyers without Borders was established in 2000 to provide support for Rule of Law projects and human rights initiatives around the world using pro bono services of volunteer lawyers.

Kitchel heard about Lawyers without Borders for the very first time at a conference. When the Kenyan opportunity was put to her, this 61-year-old mother of three daughters, from a large Catholic family whose parents worked the night shift and stressed education to their children, jumped at the chance.

Kenya is a country of 40 million people, half are under the age of 18, the unemployment rate is 40 percent and its social and justice systems are racked by chaos and violence—much of the violence is perpetrated against women.

Kitchel wrote a daily blog describing her experiences with the Kenyan legal system, the people who run it and the people who find themselves before the courts.

“There are no trials, there are no juries,” says Kitchel. “Crimes are prosecuted by police prosecutors. They may call someone to testify, that person is cross-examined and they go on to the next case.”

“It may be months before that case comes before the judge again,” she adds. “If the judge changes, then the defendant has the right to continue with the new judge, or start all over again.”

“The records are kept at the courthouse and are supposed to be a verbatim hand-written record,” says Kitchel. “In many of the cases I went through I found just gibberish. It is just lines across the paper and there is nothing there that is usable for anyone to see what went on before.”

Lawyers without Borders asked Kitchel to look particularly at crimes against women. She found a sexually aggressive society where women of all ages and circumstances are vulnerable to sexual attacks and often with little recourse in the justice system.

“Rape is a way of life,” says Kitchel. Women from the Nairobi slums told Kitchel that reporting a rape is useless. “They said, ‘sure report it to the police, you are more likely to get raped by the police’.”

And anyone who even tries to report a rape will be denigrated and called a “whore” or worse adds Kitchel.

Changing the system in a two month tour, of course, is impossible. But Kitchel spent many hours with young female Kenyan lawyers, setting an example for them, talking about how the American system works and raising their hopes and expectations for the future.

“I come from a huge Catholic family in the midwest and my best hope was to marry well,” says Kitchel who grew up in the 1950’s and has benefited greatly from changing social conditions for women in America. “And my parents said education will set you free.”

Kitchel says her value to women in countries like Kenya with the Lawyers without Borders project lies “on a micro basis”. “It is not so much my experience as a trial lawyer, but as female lawyer coming up through a traditionally male structure.”

“I can talk about what kind of struggles and hurdles there are for them. I think that is the value—helping other women take a similar path—that’s how I can help them.”

Would she go again to another country where people are struggling in the justice system? You bet.

Chris Kitchel holds an M.B.A. from Portland State University and a J.D. from Northwestern School of Law at Lewis and Clark College. Her practice focuses on employment litigation and she is a highly sought-after speaker.

Tags: Chris Kitchel, employment litigation, Kenya, Kenyan Justice, Lawyers without Borders, Pro Bono, Rape, Sexual Assault, Stoel & Rives
Posted in Emerging Issues, Lawyers Giving Back | 2 Comments »

King and Spalding Pro Bono Work Saves Man from Death Row

August 16th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Attorney Alan Dial of King and Spalding in Washington DC…

Attorney Alan Dial: “We believe in Justin’s innocence and…that there was more to it than what was presented at trial.”

An intense six year effort and 9000 hours of pro bono work by the firm of King and Spalding has overturned the capital murder conviction and death sentence for 29-year-old Justin Wolfe, a man whose trial the court ruled was rife with prosecutorial misconduct.

“We were thrilled about that and very excited to have Judge Jackson conduct such a thorough and careful review of the facts and find that the prosecution failed to turn over a lot of information that would have been extremely helpful in presenting a defense in the murder charge presented against Justin at trial,” says trial attorney Alan Dial from King and Spalding in Washington D.C.

Wolfe, who was involved in marijuana distribution ring, was found guilty of killing his supplier in a murder hire plot based on the testimony of a man who later recanted the story he told to police and confessed to committing the murder himself.

A hearing last November found that the state had withheld information that might have precluded Wolfe’s conviction. The arguments put forward at that hearing, says Dial, were the result of long hours and a collaborative effort with University of Virginia law students working on the Innocence Project and the efforts of the Virginia Capital Representation Resource Center.

“As a lawyer, you want to make sure that the rules of engagement are set up so that the process is fair,” says Dial who previously worked as an assistant state prosecutor in Atlanta and San Diego, “particularly when you have someone who has been convicted of capital murder.”

“We believe in Justin’s innocence and wanted to dig into the facts of the case and show the court that there was more to it than what was presented at trial,” he adds.

Wolfe, who has been on death row in Virginia since 2002, was also convicted on charges of drug dealing and will remain in prison.

An appeal by the Commonwealth is possible however, and Dial says King and Spalding will remain on the case. The firm has a long history doing pro bono work and as many as 50 members of the firm were involved in the Wolfe case.

For Dial, apart from overturning Wolfe’s murder conviction, one of the highlights of the case was working with the 12 UVA students involved in the Innocence Project.

“The experience was outstanding” says Dial. “I think this experience gave the students incredible experience. They assisted us in reviewing documents and interviewing witnesses, helping us with some of the research that went into this so it was a real collaborative effort.”

Alan Dial is a partner in the international law firm of King and Spalding. He earned his J.D. at Howard University and focuses his practice on complex civil litigation, white collar criminal litigation and internal investigations. He has experience in pharmaceutical, medical device, healthcare, criminal and civil investigations.

 

 

Tags: Alan Dial, Justin Wolfe, King and Spalding, Lawyers Giving Back, Pro Bono, The Innocence Project, University of Virginia, wrongful convictions
Posted in Emerging Issues, Lawyers Giving Back | 1 Comment »

Christian Lawyer Daniel Buttafuoco on Giving Back vs Giving Haircuts

July 12th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with New York attorney Daniel Buttafuoco…

Attorney Daniel Buttafuoco: “I didn’t hear a voice from God or anything, I just thought I should be a lawyer, a Christian lawyer and it ended up being a good choice.”

Dan Buttafuoco grew up, as he says, “street smart” in a Bronx housing project, raised in family of Italian evangelicals. As a child he remembers his dad telling him he was “a smart kid that should go to school” and he’d “break my legs if I became a barber” as the previous three generations of Buttafuocos had done.

At age 17, not withstanding a few adolescent meanderings about his faith, he became a committed Christian. “All my friends were joining ministries, but I felt that wasn’t for me,” says Buttafuoco who has an easy-going style and a New York City sense of humor. “I didn’t hear a voice from God or anything, I just thought I should be a lawyer, a Christian lawyer and it ended up being a good choice.”

Today, Dan Buttafuoco combines the practice of law and his faith in a way he finds consistent. “I am a sneak attack, nobody expects to hear anything religious or Christian from a lawyer,” says Buttafuoco.

“I purposefully selected a career as a personal injury lawyer where I believe my clients are telling the truth, and where I believe they deserve to win and I purposefully don’t take cases where we don’t believe that,” says Buttafuoco. “The firm is organized around this central principle that we take cases that have merit and that we believe in.”

Buttafuoco’s firm has some impressive wins for clients. It obtained the third largest ever personal injury settlement in New York state history and the largest ever settlement against the state of New York on behalf of an injured police officer who was paralyzed.

Buttafuoco says he would never represent a child molester or a murderer—unless he thought they were innocent, but of course, as a personal injury attorney he doesn’t have to.

And he doesn’t restrict his client list to Christians. “I have Muslim clients, Jewish clients, atheist clients,” says Buttafuoco. “I believe you can be tolerant—which means actually means putting up with what you don’t agree with,” says Buttafuoco. “When we disagree, we try to persuade and never by force, to change things.”

He also holds a master’s degree in theology, is an elder in his church and a follower of Christian Apologetics, a theological defense of Christian faith through rational argument and reason—an approach to Christian faith which would naturally, perhaps, appeal to a lawyer like Buttafuoco. He explains it as “the intellectual side of the Christian church that explores why people believe in God”.

Underlying everything Buttafuoco does and believes in an impressive commitment to giving back. “Essentially there are three things, time talent and treasure that you are supposed to give back,” he says referring to his fundamentalist belief in tithing. “So even when I am involved in making money, I might be getting someone due compensation that he is going to need to live for the rest of their life and that is a good deed.”

Of course, Buttafuoco gets a fee (he earned $5 million from the New York case)—and 10 to 20 percent of everything he earns he returns to charitable organizations. “I am not giving to stupid stuff like these fake preachers that drive around in jet planes like moguls,” says Buttafuoco.

He has, as he describes it, a Rolodex of worthy, credible organizations that do serious work and that align with his Christian beliefs. Among them, is the Love 146 foundation that helps young girls escape from the horrors of being sold into sexual slavery in Asia. This year he will give $500,000 to fund scholarships for Young Christian Leaders foundation. “These are deserving kids who are not going into full-time ministry,” says Buttafuoco, “they want to become professionals”. Kids who are, in a way, a lot like Buttafuoco was as a young teenager.

And this former young kid from the Bronx, is also the money and effort behind a near priceless collection of Bibles—one from the 10th century, an illuminated manuscript, an original page from a Gutenberg Bible and more. Ten times a year, he takes the collection to schools and churches and talks about messages from the Bible. “The Bible is still the bestseller,” says Buttafuoco. “People think it is passé, but it isn’t.”

Dan Buttafuoco is the founder and senior partner of Buttafuoco & Associates, a national personal injury law firm based in New York. The firm’s Christian lawyers represent clients in variety of cases, including complex litigation, major personal injury and wrongful death cases.

Tags: Attorney Daniel Buttafuoco, charitable giving, Christian Lawyer, Faith-based Attorney, Lawyers Giving Back, Love 146, Young Christian Leaders
Posted in Emerging Issues, Lawyers Giving Back | 4 Comments »