Posts Tagged ‘ Lawyers Giving Back ’

National Class Action Pursues Separation Pay for Discharged Gays

November 30th, 2010. By BrendaC

LawyersandSettlements.com has a new column that 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 talk with Attorney Joshua Block of the ACLU…

Attorney Joshua Block: “…even if you believe that DADT was necessary…it doesn’t provide a reason to cut someone’s separation pay in half.”

It’s like pouring salt on the wound, say critics of the government policy of cutting separation pay in half for men and women discharged from the US military under the controversial ‘Don’t Ask, Don’t Tell’ (DADT) rule.

The American Civil Liberties Union (ACLU) has just filed a national class action claiming the practice violates the rights of the former service members under the equal protection and right to substantive due process components of the Fifth Amendment.

“A little over a year ago, a former member of the US Air Force, who had been honorably discharged under DADT, came to us and said his separation pay had been cut in half and wanted to know if we could help,” says ACLU attorney Joshua Block.

Since the administration is on record opposing discrimination against gays in the military, Block and the ACLU thought this would be easy to reconcile, but after a year of letters and telephone calls, nothing has changed for former US Air Force Staff-Sergeant, Richard Collins. 

“We finally sent a demand letter saying we hope you fix this policy, but if you don’t, we have no choice but to bring this litigation,” says Block.

During his nine-year career, according to the documents filed by the ACLU, Collins had been an exemplary member of the armed forces. He was awarded a good conduct medal, served in Kosovo and was promoted quickly through the ranks.

Collins was honorably discharged in 2006 after two civilians who worked at his base reported seeing him kissing a boyfriend in a car stopped at red light. Collins was off duty, dressed in civilian clothes and more than 10 miles from his base in Arizona.

And Collins is not alone in being short-changed on separation pay. The amount of money owed to military personnel kicked out for being homosexual is “not insignificant,” says Block. “And the policy is offensive.” 

“It is rubbing salt in the wound,” says Block. “These people are kicked out of the military through no fault of their own and then on top of that their separation pay is cut in half.”

The argument against gays in the military has historically been that it affects troop morale says Block. “So even if you believe that DADT was necessary for unit cohesion, it doesn’t provide a reason to cut someone’s separation pay in half,” he adds. 

The class covers anyone who was honorably discharged over the last six years—with at least six years of service, and had their pay cut in half. 

Although how many ex-military personnel might qualify as members of the class is unknown, it’s estimated there may be as many as 500 potential class members.

The suit asks that former service members be paid the money owed to them with interest, both pre- and post-judgment, and that the attorney fees also be paid. 

The claims court cannot provide injunctive relief to plaintiffs says Block. “That’s beyond the scope of claims court; however, hopefully a judgment in our favor would stop the practice once and for all.” 

Joshua Block is a staff attorney with the American Civil Liberties Union in New York City working on the ACLU Lesbian, Gay, Bisexual and Transgender and AIDS Project.

Tags: ACLU, Don't ask Don't tell, Gays in the Military, Joshua Block, Lawyers, Lawyers Giving Back, Lawyers Sharing the Love, Richard Collins
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Attorneys Want to Give Back More and More at Equal Justice Works

November 23rd, 2010. By BrendaC

This new column at LawyersandSettlements.com 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 talk with David Stern, Executive Director for Equal Justice Works…

Attorney David Stern: “[We] were able to keep more than 1,000 families in their homes.”

There are thousands of Americans who can’t afford the high cost of justice. But since 1986, Equal Justice Works has worked to ensure that everyone has access to legal representation by engaging young lawyers through a variety of programs and putting some of America’s best legal talent where it is needed most.

“I think the reason we have been so successful is the impact our programs have on communities and individuals,” says Executive Director David Stern, who has been working with Equal Justice for 18 years. “Just looking at the foreclosure crisis, from August 2009 to September 2010, our AmeriCorps Fellows were able to keep more than 1,000 families in their homes.”

Although graduating lawyers can easily step into large firms and starting salaries of $150,000 a year, there is a growing interest in working in the public justice system. “The personal and professional satisfaction of doing public service in the legal field is well known,” says Stern. “They’re having a more direct impact, they’re trying cases earlier in their career; they’re doing work that young attorneys in large firms have to wait a long time to do.”

In fact, there is so much interest in doing public service work that Equal Justice Works has more applicants for fellowships every year than the organization can supply. “For 2010 fellowship positions we had a record number of applicants, which led to the problem of finding funding for applicants and sadly not being able to fund every project that was applied for,” says Stern.

Over the last decade the organization’s budget has grown from roughly $1.5 million to $8 million and the number of postgraduate fellowships has grown from roughly 20 to more than 100.

“We just recently held our Conference & Career Fair which attracted more law students than ever before,” Stern adds. “We had a record number of 1,300 attend the conference and career fair in October to have the chance to learn more about public interest law and to speak with public interest law employers from across the country—and that tells you a lot about how much interest there is.”

Starting salary in the world of public service world for lawyers is about $40,000 a year. Aware that many young lawyers graduate with large debts, Stern points out that there is a way for lawyers to go where their heart leads them and still manage to dispose of their student loans. “The good news for these graduates is that there is a recent law, the College Cost Reduction and Access Act (CCRAA), that allows people to pay back their debts as a percentage of income,” says Stern. “The less you make, the less you pay.”

“And the real kicker is that if a graduate stays in public service for 10 years, their federal loans are forgiven. That’s like winning the lottery,” says Stern.

David Stern is the Executive Director for Equal Justice Works. He is a graduate of the Georgetown University Law Center (1985). Prior to joining Equal Justice Works in 1992, Stern worked for a public interest law firm that represented whistleblowers in government and private industry as well as individuals in sex, race, sexual orientation or age discrimination cases.

Tags: David Stern, Equal Justice Works, Lawyers Giving Back
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Attorney Ted Frank: Modern Day Robin Hood Fights for the Class

November 16th, 2010. By BrendaC

This new column at LawyersandSettlements.com 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 talk with Ted Frank, founder and president of the Center for Class Action Fairness…

Attorney Ted Frank: “I don’t like injustice.” 

You can think of attorney Ted Frank as the new Robin Hood of the litigation system. “I just don’t like injustice,” says Frank in a matter-of-a-fact kind of way late on a Friday afternoon speaking from his office in Washington, D.C. “Many class action settlements are negotiated for the benefit of the attorneys rather than the consumers they are representing.”

And when that happens, Ted Frank and the Center for Class Action Fairness, which he founded two years ago, will step in and as he says “balance the scales on behalf of class members.” 

 

Consider a California class action against Honda in which it was successfully argued that the car maker had overstated the per-gallon mileage achieved by its hybrids. The un-named members of the class, as agreed by Honda and the class action lawyers, would get a $500 coupon good toward the purchase of another Honda.

The class members would receive no money—instead they got a coupon which Frank describes as essentially a marketing device. “There was nothing stopping Honda from raising the price the car, the coupon was only good for six months and it applied to only Honda’s less popular vehicles,” explains Frank. “And before you could even use the coupon you had to agree to watch a 30 minute video about Honda fuel efficiency.” 

Meanwhile says Frank “the attorneys would get $4 million.”

The judge in the case threw out the settlement as a result of the intervention by the Centre for Class Action Fairness. The parties were forced to go back and come up with a deal that better serves the class members.

This is not happening in “smoked filled rooms where attorneys and defendants get together and figure out how to rip off the class,” say Frank. He describes it instead as a warped litigation system where everyone knows what the other side wants.  “There is sort of this Kabuki dance where they pretend to be negotiating on behalf the class and instead negotiate for the attorneys and not at all for the class.”

Of course, not every class action lawsuit is settled in such a way as to unreasonably favor the attorneys involved (see our prior post on the “fairness” of Tyson Chicken settlement compared to an Expedia settlement). But, according to Frank, unless the judge keeps a steely eye—or the Center for Class Action Fairness shows up to fight for class members—bad things can, and do, sometimes happen.

The Center is a non-profit public interest law firm. “Our budget is funded through a charitable foundation and generous benefactors. Some are anonymous donors,” says Frank, “and I like it that way—that way when I make a decision I am not worrying about who I might offend.”

“I saw a need, I saw a problem and I wasn’t satisfied with what I saw—and judges are all over the map in terms of the scrutiny they give class actions,” Franks says.

“I am hoping to move the law to better place,” says Frank about what motivates him to tackle a system that allows trial lawyers to help themselves to money that should be going to the members of the class.

Ted Frank is the founder and president of the Center for Class Action Fairness. Before that Frank was a fellow wit the American Enterprise Institute and director of the AEI Legal Center for the Public Interest. He is also a member of the American Law Institute.

Tags: Center for Class Action Fairness, Lawyers, Lawyers Giving Back, Ted Frank
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Attorney Kip Scott: Ground Zero, Katrina Volunteer Ready to Help Again

August 3rd, 2010. By janem

Attorney Kip Scott has plenty of experience helping others—outside of his legal practice.

Scott first got into volunteerism during law school in his late 20s (his first career was in engineering). ” I had the opportunity to volunteer as a summer camp counselor for kids who were living in group homes,” says Scott, who  helped with whatever activities they wanted to do, from swimming to bow and arrow(!) . ” I found it much more rewarding than a lot of stuff I did at work,” he adds. Scott volunteered at the camps for four summers and then 9/11 happened.

Again through his church, Scott volunteered with the relief effort. “I had one week’s notice to pack, take a few classes in disaster training and get to New York [from California], a city I had never been to,” says Scott. “We stayed a few blocks north of ground zero and worked 10-14 hour shifts. I drove a little cart around that carried supplies—food, water, firewood (to keep everyone warm at night)—for the police, fire department and the Port Authority. Most of the officers I spoke to just wanted someone to talk to about California, to keep their minds off what had just happened. Of course many people were emotionally numb; I owed them a great deal of respect.

“Basically Ground Zero was an open grave. We didn’t take any pictures; we wanted to honor the dead. It was really tough for everyone and every night after our shift we came back to the hotel and were debriefed about what we saw, what happened and what took place. The disaster training classes taught us what not to say and not to give advice; just be there for support.

“Most of us who worked at Ground Zero were so busy we didn’t have time to think about what we saw or smelled. There was a food tent and two supply tents set up and everything was being worked on including the subway. Often the gas lines would give way and everyone would have to evacuate; everywhere smelled like an electrical fire—it was surreal.

“The other part of my job was working at the medical examiner’s office—where the bodies were processed. When a body or partial body was found, they would bag the remains, put a bar code on the bag, put the bag on a gurney with a flag on it, salute, put it in the ambulance and drive the ambulance midtown to the NY Medical Examiner’s office.  Again,  I was there to make sure all the tents had supplies. I was there a few times when the bags were opened. The doctors would cut a piece of muscle or fingernail and bone marrow to get DNA samples. The triage room smelled like dirty ammonia, which made the doctor’s voices hoarse because the ammonia had eroded their esophagus.

“Our shift was over after two weeks and another group came in but I felt bad for leaving so many people still working there.. I would have stayed for as long as necessary.”

Then came Hurricane Katrina. Just as he did after 9/11, Scott dropped everything on short notice and traveled to Mississippi to help those in need. “I first arrived in Gulfport, where the eye of the hurricane hit,” says Scott.

“We helped flood survivors (they were not called victims) because their insurance wouldn’t help them. We would take all their furniture, appliances, clothes, everything, onto the curb of the street in the front of their house, in separate piles. Then we brought out all the drywall to expose the rafters so the wooden beams would dry—mold was a big issue.  It was physically intense and the conditions were bad: it was about 100° with heavy humidity. Lots of windows wouldn’t open because the wood was swollen and inside the houses  it was even hotter. I worked there for about two weeks until Hurricane Rita came and we had to leave.

“Even though for just a brief time, I’m glad I was able to help some people. And I wouldn’t hesitate to help in this capacity again—God forbid it won’t happen again. “

Back in California, Kip Scott helps personal injury victims at the Personal Injury Law Center in Orange County.

Tags: Ground Zero, Katrina, Kip Scott, Lawyers Giving Back, Volunteer
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