Richness of Backgrounds is Outstanding as Summer Interns Take on Projects in Rochester and Albany Offices

August 1, 2007

Author: Barbara van Kerkhove

Warren Wightman

The Rochester and Albany offices of Empire Justice Center have been fortunate to have several summer interns working on a variety of projects. Four Interns came through the Law Students in Action Project, created by an AmeriCorps/Equal Justice Works grant awarded to the Legal Assistance of Western New York, Inc.  Law Students in Action provides opportunities to volunteer with public interest law offices in the Rochester and Finger Lakes areas and the Southern Tier of New York State where they gain valuable legal experience and firsthand knowledge of how the public interest sector operates.  In return, public interest law offices are better able to serve their low-income clients and underserved communities.

The following are brief sketches of our summer interns and their projects.  We thank them for their hard work this summer and wish them well as they return to their studies this fall.

Matthew Gehl, a Law Student’s in Action Project intern spent his summer working on a variety of projects with five different staff members.  One such project includes analyzing mortgage lending tables and drafting a comment letter to federal bank regulators on Bank of America’s Community Reinvestment Act (CRA) performance over the past few years. 

Barb van Kerkhove, one of Matt’s supervisors is delighted that he enjoys crunching numbers. “When I find somebody who likes to do what I like to do, and does it well, it’s exciting.”  The numbers he’s been working with are mostly bank data on mortgage loans which can show trends in lending practices and could reveal biases against certain groups of borrowers if they exist.  Whereas he once avoided using Excel, he says he now appreciates its power in working with large masses of data.

Another revealing experience was working with Bryan Hetherington and Susan Antos on a class action involving child support.  Although a settlement was reached over ten years ago, the mechanism for payments is anything but efficient.  When calling around to the collection offices throughout the state he found that in many cases the approved scaled-down “desk review” forms were not even available.

An observation of Matt’s speaks well for the work environment he found at Empire Justice.  He was struck by the absence of competition as a primary motivating factor.

Matt will be back at The University of Buffalo Law School this fall for his second year.  He says that his internship at Empire Justice has allowed him to see in action some of the things he learned in his first year at law school, and what he learned here will give him a head start for next year.  Matt’s advice to future interns (and every one else), what you get out of an experience depends a lot on what you put into it.

Luis Segura was with us through the Diversity Clerkship Program of the Monroe County Bar Association.  Working with attorneys Michael Mulé and Bryan Hetherington, Luis has been working on several civil rights issues, one of which is how the courts determine when suits can be brought by private citizens for violation of federal laws.  Different courts use different methods of analyses and Luis is tracking the evolution of the legal principles and precedents involved.  He is also working with Mike on specific employment discrimination cases and updating the attorneys’ fees chart for the office.  He says he has been especially impressed by the work needed just to determine if a case is likely to be successful, and the options available other than litigation. 

Luis says his decision to accept the internship at Empire Justice was based on his interest in the types of cases being handled and the obvious dedication of the attorneys.  Legal services work is crucial for the community, he says, and more people should be aware of what is being done—and should find ways to participate in the effort.

As for opportunities to apply classroom work to the real world, Luis says he has been able to use what he learned in research and writing class from his first year in law school on several of his Empire Justice projects.  He also brings fluency in Spanish—which effectively plays into Mike Mulé’s work with LEP (Limited English Proficient) clients and training programs.  Before interning at Empire Justice, Luis already had experience in a down-state District Attorney’s office where his bi-lingual skills proved invaluable.  Working with Mike has further emphasized the role of court interpreters and the strict rules that apply.

When he’s not wrapping his brain around legal matters, Luis plays tennis, is a movie buff (“Transformers was great!”) and keeps an eye (and ear) out to the pop culture scene.  His words of wisdom to would-be interns in a legal services office:  Keep an open mind; participate in as many types of cases as possible; learn the other functions the attorneys perform besides litigation; remember that the focus is on people, not financial gain.

Luis will be starting his second year at the University of Buffalo Law School in the fall.

From the Syracuse University College of Law, Kelly Bunch also comes to us from the Law Students in Action Project.  She worked with attorney Peter Dellinger researching and writing on the Credit Repair Organizations Act, on the availability of attorneys’ fees under the New York Human Rights Law, and drafting complaints on various consumer issues.

Through her work with Peter, Kelly has come to understand the importance of attorneys’ fees in funding the work of civil legal services organizations.  In her research on the New York Human Rights Law, Kelly is finding that the state law has stronger human rights protections than the federal law.  However, there is a history of attorneys’ fees being awarded under the federal law.  Kelly hopes to find some precedence for attorneys’ fees under the stronger state law.

Kelly is also working with attorney Jonathan Feldman to develop a CLE (Continuing Legal Education) unit on recent federal and state amendments to the Individuals with Disabilities in Education Act emphasizing how much of the legal burden has shifted from the school districts to the plaintiff or student’s parents.

This fall Kelly will start her second year at the Syracuse College of Law.  Her advice for other law student interns is to “be very flexible, open to the broader experience; and try to get as much out of [your internship] as you can.”  “Being in the ‘real world’ is a lot more fun and interesting than law school,” she says.

Amy Russell is also a Law Student in Action intern.  She hails from Minneapolis via University at Buffalo Law School where she will start her second year this fall.  Amy is doing legal research for attorney Amy Schwartz on a variety of domestic violence issues, including the prevalence of, and legal issues around, domestic violence in the gay and lesbian communities.

While researching legislative and case law updates, she learned that an attorney needs to be a skilled researcher or have a good researcher on staff—viz., someone like Amy Russell.   “The laws and case law in some areas, such as The Defense of Marriage Act, are changing so quickly.  Attorneys need to keep up on these changes to effectively represent their clients,” she says.

In addition to law school and her volunteer work with the Law Students in Action Project, Amy is working with children’s advocacy centers on issues of child abuse.  When not working on legal issues, she enjoys learning about the life and culture of New York State.

Intern Daniel Webster will start his third year at the University of Buffalo Law School in September. Before entering law school he worked two years at the Rochester law firm of Boylan, Brown, Code, Vigdor and Wilson in their loan department, and for ACORN (Association of Community Organizations for Reform Now).  Dan is also in the Law Students in Action program.

When he came to Empire Justice Center, Dan was already familiar with the problems of predatory lending that have surfaced in the sub-prime mortgage slump.  What he especially appreciates in his work at Empire Justice is the opportunity to deal directly with clients trying to sort through their often vaguely-defined problems to get at the core legal issues.  Not all problems have legal solutions, he has found, and even when they do, the appropriate action is not always litigation; legal support for a client—as in the Ameriquest class action—can frequently facilitate a settlement out of court.

Relating the practical problems of actual cases to legal theory is a valuable experience Dan says. Developing patience and listening skills is critically important and is not something that can be taught in a classroom.

Dan is also interested in ways to change the structure of the lending system itself in order to make abuses less likely. In this regard, he is preparing an article for the New York Law Journal on the Home Equity Theft Protection Act enacted by the New York State Legislature in early 2007. He is also researching living wage ordinances for the University of Buffalo Law School.

As part of her recommendation of Dan as an outstanding volunteer, Becky Case-Grammatico, his supervising attorney, says: “It is clear to me that Daniel is going to be an exceptional advocate for his future clients and I consider myself lucky to have been able to work with him as he develops his advocacy skills in law school.” 

Dan blends his outdoor activities with an interest in spiritual philosophy.  His advice to other interns: Develop a good rapport with your supervising attorney and learn as much as you can while you have the opportunity.

Daniel Mueller is with the University of Rochester Urban Fellows Summer Program, a ten-week program in which students from area colleges live together on campus and are placed in organizations located in the city of Rochester where they have the opportunity to work on urban and cross-cultural issues.

Dan is working with attorney Mike Hanley analyzing the failures of the federal lead paint hazard disclosure law and why corrective state or local laws are needed. His work includes identifying and mapping housing units with lead paint violations in the Beechwood Neighborhood in Rochester, NY. Dan also will survey Beechwood Neighborhood residents about what information, if any, they received from the landlord or previous owner about previous lead hazard violations. Under the current lead paint hazard laws, properties sold through foreclosure are not required to disclose lead paint violations cited previous to the foreclosure sale. This is a big concern in the Beechwood Neighborhood, where Dan has found that 30 percent of the properties have been in foreclosure since receiving a lead paint hazard citation. Dan is very excited about this real world application of data analysis to advocacy on social issues.

To stay toned up for the rigors of legal work Dan runs on the University of Rochester Cross-Country Team.

Brian Mooney came to us at the end of his first year at University of Richmond Law School. Having previously volunteered with the New York State Division of Human Rights, he brings special knowledge of employment discrimination and has been invaluable in preparing the employment law section on the Empire Justice website.

Working with attorney Jane Gabriele, Brian also assisted with the ongoing special education cases and has participated in several meetings of the Committee on Special Education. He trained for helping with the Ameriquest settlement and has contributed significantly by compiling a summary of the activities of a local mortgage broker who is fraudulently enticing homeowners into bad loans.

Brian says that at Empire Justice he has learned that “legal work equates largely to phone work”—that the business of the law often happens over the phone while dealing with clients. He was also struck by the number of people for whom legal services are vital: “It is sometimes hard to comprehend how often things go seriously wrong for those who lack the resources to help themselves.” He says that seeing the legal principles he learned in law school translated into action makes them a lot less abstract. He will pay better attention next year!

In his free time, Brian enjoys running and everything about cars—like driving high-performance sports cars and re-building engines.  His tip for future interns: work with an attorney who handles cases that interest you—that way you will better know what questions to ask and it will be a more positive experience.

Working in our Albany office under the guidance of seasoned immigration attorney Barbara Weiner, is Amy Kaslovsky.  Amy says “working at Empire Justice Center this summer has been a wonderful experience. I have learned so much and have gained valuable legal experience from my time here.”

Amy’s main focus this summer was conducting initial research for the Food Stamp Resource webpage that is currently being developed.  Amy says, “it was very rewarding to contribute to this worthwhile project.  Not only have I learned a tremendous amount about the way the federal Food Stamp Program operates, I have also learned about administrative law and the welfare system in general.  In addition, I was able to see firsthand how these laws operate while assisting with two Food Stamp related cases.” 

One of these cases was a request to reopen a fair hearing that affirmed a Monroe County decision of food stamp benefits, of the basis of the fleeing felon disqualification.  Amy did substantial research and prepared the first draft of the memo of law.

Amy also worked on a case involving an Afghan refugee family.  The eldest member, of the family, the Grandmother, had been incorrectly denied all assistance and was facing mounting medical bills.  Amy negotiated with health care providers and the collection agencies so that they ceased all collection activities pending the outcome of the Grandmother’s renewed application.

Amy’s internship experience will help prepare her for a future career in public interest law and has strengthened her commitment to pursuing a career serving the legal needs of low income individuals.  Amy will be returning to her 2nd year at UB.

Jessica Ansert is also working in our Albany office on various projects with public benefits attorney Susan Antos.  Her primary project has been to keep the Fair Hearing Bank updated.  Jessica also has had the opportunity to work on several cases involving child support.  She especially enjoyed researching and gathering information on the desk review process and the due process rights of public assistance recipients who assign their rights to child support to the state.

Jessica says “everyone at the office has been incredibly helpful and available whether they are in Albany or Rochester or elsewhere.  I really feel as though I was a part of a great team this summer, and that’s why I plan on returning in the fall!”

Jessica is currently attending Albany Law School.

Saima Akhtar has been interning in the Albany office for over two years!  She is currently attending Albany Law School and the Rockefeller College of Public Affairs and Policy and is looking forward to graduation this year.  After graduating, Saima is committed to fully devoting herself to legal and policy work on behalf of low-income and vulnerable individuals.

This summer, working with attorney Susan Antos, Saima has focused on addressing the disparities that exist between counties in child care co-payments.  To help raise awareness of the problem and find potential solutions, she coordinated several meetings of child care resource and referral directors from different parts of the state and one meeting.

with child care center directors.  At these meetings, both Susan and Saima were able to provide information about the co-payment disparity problem and discuss possible approaches to making more affordable co-payments available throughout the state. 

The participants of these meetings provided important insight into how financially burdensome co-payments affect families and child care programs.  These meetings proved to be a wonderful opportunity to brain-storm about the issue and try to find new solutions to an old problem.  Saima also prepared informational fliers for the programs we met with to take to legislators, parents they work with, and local business contacts to educate about the need for affordable child care co-payments in these communities and steps that can be taken to help reach this goal. 

This fall, we will continue to address high child care co-payments by reaching out to state policy makers about the need for reasonable child care co-payments in all parts of the state, in the hope that a legislative or administrative solution can be found quickly.