Schulte Roth & Zabel team successfully advocates for domestic violence survivor against abuser and aggressive opposing counsel

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team from Schulte Roth & Zabel LLP (SRZ) for their incredible and tireless efforts on behalf of “Nancy”, a woman who fled her abusive spouse and faced numerous obstacles in Family Court as she fought for custody of her eight-year-old son.

Jaclyn Neely is an litigation associate at Gibson, Dunn & Crutcher LLP.  She works on a number of pro bono matters with Sanctuary, including the Human Trafficking Intervention Court Pro Bono Project, and is a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Taleah E. Jennings, Mari S. Dopp, and Carly J. Halpin of leading law firm Schulte Roth & Zabel LLP (SRZ). They are being recognized for their incredible and tireless efforts on behalf of “Nancy”, a woman who fled her abusive spouse and faced numerous obstacles in Family Court as she fought for custody of her eight-year-old son and navigated a Child Neglect and Abuse case brought by the Administration for Children’s Services against her child’s father.  The SRZ team addressed the ever-increasing challenges in stride, achieving successes along the way and ensuring that Nancy was not subjected to the aggressive tactics of her husband’s attorney. 

Complicating Factors

When Nancy fled her home with her eight-year-old son to relocate to a safe space away from her abusive husband, she had no idea what legal obstacles lay ahead.  Shortly after she left, Nancy sought a temporary order of protection from her husband and also filed for custody and child support in Family Court.  Mere weeks after Sanctuary for Families began working with Nancy and referred her case to the Schulte Roth & Zabel team—consisting of Taleah E. Jennings, Mari S. Dopp, and Carly J. Halpin—the Administration for Children’s Services (“ACS”) filed a Child Neglect and Abuse case against Nancy’s husband.

The ACS action, otherwise known as an “Article 10” case, greatly complicated the legal tableau and was an additional stressor on Nancy, who was already going through a great deal of stress after finally escaping a long-term abusive relationship.  While the Article 10 case was filed against Nancy’s husband, not Nancy, the case was based on his abuse of Nancy and their son’s exposure to that abuse, and Nancy was thus compelled to play a central role.  The strain on Nancy was heightened when Nancy’s husband hired an unduly aggressive private attorney.

Combatting Aggressive Tactics

Instead of seeking documents and testimony from ACS, the opposing counsel sought unreasonably broad categories of documents from Nancy and tried to submit Nancy to a deposition and her son to a mental health evaluation.  Both experiences would have been extremely traumatic, and would have forced Nancy and her son to revisit the abuse she suffered in explicit detail.

Luckily, Nancy had the support of Sanctuary and the Schulte Roth team, who were able to effectively counter the opposing counsel and win over the Family Court Judge, as well as the attorney assigned to the child.  Taleah, Mari, and Carly put their strong legal writing and oral advocacy skills to use, and the team successfully opposed the motion to submit the child to a mental health evaluation.  Their tenacity led the father’s attorney to withdraw many of his previous unreasonable requests.

Thanks in large part to their strong advocacy, the opposing counsel approached Nancy’s legal team and proposed a settlement for the various other pending legal actions on very favorable terms—including full custody for Nancy and an agreement that the father would go to therapy.  The parties continue to work toward a global resolution to resolve the various outstanding legal actions.

Reflecting on the Case so Far

This experience has been both rewarding and challenging for the SRZ team.  They appeared in court on numerous occasions, drafted voluminous court filings, and negotiated with the husband’s lawyer at length.  For Mari, a mid-level associate, this case has been a great opportunity for her to appear and argue in court and establish a strong relationship with a client whom she could help on a personal level.  “Safety is something I take for granted,” Mari explained.  “To be able to use the skills I have as a lawyer to help ensure the safety of someone else has been incredibly rewarding.”

Taleah, a partner in the Litigation Group at SRZ (and also a member of the Sanctuary for Families’ Board or Directors), praised the collaboration between Sanctuary and her SRZ team, explaining that they all worked together throughout the case—from strategizing to drafting and appearing in court.  Sanctuary provided support and institutional knowledge but also allowed the SRZ team to take ownership at every stage.

Maria Zhynovitch, the Sanctuary attorney supervising Nancy’s case, applauded the work of the Taleah, Mari, and Carly, and the trust they were able to cultivate with Nancy right from the beginning.  Maria noted,

“this was uncharted territory for myself and some of my supervisors . . . a lot of the issues raised in the process were really novel for us.  There was no blueprint.  But the Schulte attorneys were completely undeterred by this.”

Maria praised both the quality of the team’s research and writing and the compassion they exhibited toward Nancy.  “The way in which they related to Nancy was quite tremendous.”

While the SRZ team continues to represent Nancy in her ongoing legal matters, the positive effects of their advocacy are already apparent.  Empowered by her legal team, Nancy is not only living a life free from abuse, but she is also enrolled in an educational program and living in a safe space with her son.  The SRZ team is committed to representing Nancy as long this fight continues.

Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor the Schulte Roth & Zabel team’s outstanding pro bono work. Learn more about the event here.

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

About Schulte Roth & Zabel LLP

Schulte Roth & Zabel LLP (www.srz.com) is a full-service law firm with offices in New York, Washington, D.C. and London. As one of the leading law firms serving the financial services industry, the firm regularly advises clients on corporate and transactional matters and provides counsel on regulatory, compliance, enforcement and investigative issues. SRZ has a long history as a leader in pro bono legal work and a firm-wide legacy of contributing to the greater good.

Simpson Thacher Associate Caroline Gross Honored for Her Commitment to Sanctuary’s Anti-Trafficking Work

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Simpson Thacher associate Caroline Gross for her outstanding commitment to supporting survivors of sex trafficking.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Simpson Thacher associate Caroline Gross for her outstanding commitment to supporting survivors of sex trafficking. Caroline was a key member of the Simpson Thacher team that worked to get Sanctuary’s Human Trafficking Intervention Court Pro Bono Project off the ground, and has been an incredible advocate for victims of trafficking identified through that Project. Caroline’s enthusiasm, warmth, and language skills have enabled her to gain the trust of women who have faced extreme hardship, and her continuing representation of these clients has made an incredible impact on their lives. 

Launching the Human Trafficking Intervention Courts Pro Bono Project

caroline-grossIn 2013, the New York State judiciary launched the Human Trafficking Intervention Courts (HTICs), a pioneering initiative to help survivors of sex trafficking break the cycle of exploitation. Through the HTIC, survivors are connected to legal and social services including counseling, case management, public benefits advocacy, and housing assistance. The guiding principle of the HTICs is that individuals arrested on prostitution charges should not be treated as criminals, but as victims and survivors of commercial sexual exploitation, and screened for human trafficking.

Soon after the HTICs began operating, Sanctuary partnered with several law firms in New York City, including Simpson Thacher, to launch the Human Trafficking Intervention Court Pro Bono Project. Under Sanctuary supervision, pro bono attorneys from these law firms meet at the New York City Family Justice Center in Queens to provide in-depth immigration consultations to the large number of foreign-born defendants who pass through the Queens HTIC each month.

The success of Sanctuary’s HTIC Project in Queens is due in large part to the dedication of pro bono attorneys like Caroline. Since the Project’s inception, Caroline has been a critical advocate and organizer at Simpson Thacher—recruiting and coordinating numerous Simpson Thacher attorneys to participate, generating enthusiasm among her colleagues, and ensuring that the HTIC pro bono clinic in Queens is fully staffed by trained, compassionate pro bono attorneys.

Advocating for all

Caroline has conducted many screening interviews of HTIC defendants over the past two years, often in Spanish (in which she is fluent), and has had multiple clients open up about their experiences—something which is quite difficult to do with traumatized victims of trafficking who are caught up in a criminal justice system they may not understand or trust. Melissa Brennan, the Deputy Director of the Anti-Trafficking Initiative at Sanctuary, added that,

“Of the more than 200 lawyers who volunteer with Sanctuary’s Trafficking Intervention Pro Bono Project, Caroline stands out for her unwavering dedication to our work as well as her natural ability to build rapport with clients. Displaying great humility and compassion, Caroline has managed to win the trust of even the most fearful immigrant victims of sex trafficking.”

Securing “T nonimmigrant status”

Caroline’s commitment to assisting trafficking survivors extends well beyond the screenings she conducts through the HTIC Project. Presently, Caroline represents two clients that she identified through HTIC Project screening who are eligible for “T nonimmigrant status,” a form of immigration relief for undocumented survivors of trafficking who cooperate with law enforcement in the investigation and prosecution of their traffickers. Both clients confided in Caroline about their experiences during their intake interviews, and it became clear to her and Sanctuary that these clients had strong claims for immigration relief.  “It’s exciting when you’re doing the intake and can see that there is actually something you can do to help,” said Caroline.

Gender identity and name change

Caroline and others at Simpson Thacher have been working hard to prepare strong applications for both clients, and have assisted them with other legal issues that have come up. For example, when her transgender female client expressed interest in legally changing her name to reflect her gender identity, Caroline quickly agreed to assist.

Vacating fines and criminal charges

She also successfully advocated for the same client when she found out that the client owed a fine of several hundred dollars in connection with a prostitution-related offense in Florida, which was a direct result of her being trafficked. Caroline and her teammate’s advocacy led to the Florida judge waiving the outstanding fine and effectively erasing what had been a major stressor in this client’s life.

For another client from Mexico, Caroline and others at Simpson Thacher have been helping her navigate the process of having her criminal charges dismissed, as well as the process of trying to reunite her with her daughter who lives in Mexico and whom she has not seen in 8 years. For Caroline, being able to reunite this family is an exciting and incredibly rewarding part of her pro bono work.

“Working on pro bono matters with Sanctuary has provided me with opportunities to make a difference in the lives of individuals. I enjoy working with Sanctuary because of their dedication to helping clients in all facets of their lives.”

Caroline particularly enjoys working with victims of trafficking because, “trafficking is such a huge issue facing our world today.” To work on these matters, Caroline says, is to be “reminded of why we wanted to be lawyers—to be involved in helping to change people’s lives for the better.”

Join us at our Above & Beyond celebration on October 19, 2016 at the Highline Ballroom as we honor Simpson Thacher’s outstanding pro bono work. 

Jaclyn Neely is a litigation associate at Gibson, Dunn & Crutcher LLP.  She works on a number of pro bono matters with Sanctuary, including the Human Trafficking Intervention Court Pro Bono Project, and is a member of Sanctuary’s Pro Bono Council.