Cahill Associate Fights for Mother and Her Special-Needs Child

Jamie Stinson

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Cahill associate Margaret Barone for her dedicated representation of Laura, a mother with a special-needs child, who escaped the abuse of her partner after being pressured into leaving her professional career in her home country.

Jamie Stinson is an associate in the Special Matters and Investigations practice in the New York office of King & Spalding. She is also a member of Sanctuary’s Pro Bono Council and Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.

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At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Cahill associate Margaret Barone for her dedicated and compassionate representation of “Laura,” a mother with a special-needs child, who escaped her abusive partner after he pressured her into leaving behind her professional career in her home country—making her financially dependent on him. Through Margaret’s tireless efforts, Laura won court-ordered enforcement of critical provisions of her post-divorce agreements, allowing her to provide the support and care that her son so desperately needed.

Isolated by an Abuser

Laura had a thriving career in Mexico before being tricked into moving to the United States by her abuser.  Subject to abuse and the loss of her economic freedom, Laura struggled to provide for herself and her son, who has special needs.  Through a long and hard-fought legal process, in part with prior assistance from Sanctuary, Laura finalized her divorce, and procured a custody agreement as well as a financial settlement.

Various issues related to the agreements arose.  Laura is the primary custodial parent, but shares joint legal custody with her ex-husband.  Laura is a fierce advocate for her son to receive better services through the Board of Education to meet his complex needs but her ex-husband was effectively blocking her efforts and failed to participate in parent coordination meetings as required by the custody agreement.  In addition, he missed many deadlines on financial obligations and deliberately misinterpreted the financial agreement so as to deprive Laura and her son of support that he was required to pay.

Enforcing Her Client’s Rights

When Margaret took over the case, she dove head first into addressing the myriad issues related to both Laura’s rights under the custody and financial agreements, as well as those related to addressing the needs of Laura’s son.  The stakes were clear as emotions ran high in Margaret’s first meeting with Laura, who explained that all of this work was in service of fighting for her child. Recalling the meeting, Margaret said, “It makes you want to do everything you can as quickly as possible.”

Margaret worked closely with Sanctuary’s Director of the Matrimonial and Economic Justice Project, Amanda Norejko, in order to formulate next steps. Margaret drafted an extensive, several-inches-thick motion and memorandum of law (totaling 51 pages) to help Laura enforce her agreement in Manhattan Supreme Court. This motion required in-depth analysis of evaluations by medical and educational experts to show how the abuser’s obstruction impacted their special needs child.  In the course of organizing more than thirty motion exhibits, Margaret poured over custody agreements, a lengthy financial stipulation, and countless emails in order to demonstrate exactly how the abuser had violated relevant provisions and disrupted their child’s special needs services.  She also made herself available for late night and weekend telephone calls and meetings with Laura to assist her both with legal strategy and with her emotional response to the abuser’s hostile communications with her regarding their son.

As a result of Margaret’s efforts, the court ordered the abuser to comply with the terms of the custody agreement and to make the payments he was refusing to make.  In addition, Laura’s educational hearing against the Board of Education to get her son into a special school can now proceed unobstructed by the abuser.  When asked about how she approached the case, Margaret explained that she worked to tell a compelling story with the motion so that the judge could understand the unique situation.

Working Together to Move Forward

Margaret’s dedicated efforts continue.  While Laura has already begun to receive funds owed to her, there will be ongoing representation related to enforcement of the order, including court appearances and client meetings.  In addition, Margaret continues to assist Laura in preparing proposals to present at parent coordination meetings to obtain the father’s cooperation in enrolling the child in a special school.  Margaret looks forward to continuing to work with Laura and with Sanctuary.

Sanctuary’s Amanda Norejko praised Margaret, stating,

“Margaret’s hard work, diligence, excellent legal analysis and writing skills have given this mother the opportunity for a brighter future for herself and her son that she desperately desired.”

Reflecting on her experience so far, Margaret said, “It was wonderful working with Amanda [from Sanctuary], to have the opportunity to work with someone who is an expert in this field.  You can lose sight of how much legal work can matter.  Working one-on-one with a client makes you realize that you can make a huge difference in someone’s life.”

Laura also stated her appreciation for Margaret’s dedicated efforts:

“My son and I have been enormously blessed . . . with the valuable assistance of Margaret whom I can only thank forever with all my heart as a mother and as a woman and as a minority.”

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Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor Margaret’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.

Reed Smith Attorneys Exhibit Great Skill and Persistence in Complicated Custody Case

Mia White

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of pro bono attorneys at Reed Smith LLP for their bono work in a challenging custody matter.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a dynamic duo from Reed Smith for their pro bono work in a challenging custody matter.  The team was led by associate Brandon Cunningham and Jeff Glatzer, a retired partner from Reed Smith who is currently in private practice.

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As lawyers, we are trained to be zealous advocates ready to endure lengthy legal battles. However, by the time a client seeks representation, she has often already endured a difficult path paved with grief, abuse and conflict behind her — long before legal advocacy even begins. Jeff and Brandon are extraordinary examples of the persistence, dedication, respect and care that serves Sanctuary clients beyond the courtroom.

cunninghambdPro Bono Council co-chair Mia Marie White talks with Brandon Cunningham about the team’s experience working with Sanctuary on the matter.

Mia: Tell us about the work you did for Sanctuary.

Brandon:  Our case was a custody matter that was complicated by the dynamics of domestic violence.  Following a brutal dispute shortly after the child was born, the mother was pressured to give up custody of her little boy to his father.  But things were not going well for the child, and his father was failing to get him the help he needed.  The father took actions to undermine our client’s relationship with the child and infringe on her visitation rights.  Our objective was to regain custody rights for our client and improve her situation in the meantime.

Mia: I understand that you were engaged in representation for almost three years.

Brandon:  Yes, we worked on the case for nearly three years.  We spent an enormous amount of time documenting the issues the child was experiencing and the evidence of the father’s malfeasance.  We drafted filings relating to the father’s failure to abide by the visitation orders in place, negotiated increased visitation rights for our client, and prepared for trial, including a forensic examination.

All of the work we did was in concert and collaboration with Sanctuary’s Legal Director at the Bronx and Manhattan Family Justice Centers, Dara Sheinfeld, without whose invaluable experience and counsel we could not have achieved what we did.

Mia: How did you become involved with this case?

Brandon: The case came to us via Sanctuary for Families in May 2013.  Jeff had previously expressed an interest in collaborating on a pro bono matter with Sanctuary, and I worked with Sanctuary in law school through the Courtroom Advocates Program, advocating for Orders of Protection for battered women. Following an initial intake meeting with the client, we were impressed with the gravity of the situation and eager to help; there was clearly a woman, and even more so a child, in real need of our help.

Mia: What is the status of the case now?

Brandon: We and Sanctuary are no longer her counsel, so we do not know the status of the case.  This case really showed the toll that litigation, especially trial preparation, can take on already traumatized clients. This was the second time that the client had, for all purposes, to make the difficult choice to stop fighting for her son in court – both times because of the intense pressures of litigation.

Mia: Despite that you are no longer engaged in representation, several positive outcomes were achieved. Can you share some examples of those?

Brandon: While we sadly had to withdraw from representing this client because she no longer wanted to pursue her case vigorously, we understand and respect her decision. One outcome is that we significantly improved her visitation rights, more than doubling the time she is now able to share with her son.  Perhaps most importantly, we were also able to advocate and obtain medical and therapeutic help for her son, which he urgently needed.

Mia:  It is often said that Sanctuary is unique because of its holistic approach to client service. Did you find that you and Sanctuary were able to provide support outside of the courtroom?

Brandon: A great deal of our work took place outside of the courtroom and after working hours.  There were instances of receiving urgent calls on Saturday morning from the police precinct, or late at night to resolve ongoing visitation issues.  We also spent a great deal of time with the client working through the challenges inherent in her custody setup and in her relationship with the father and the child.  Finally, our legal work and strategy were strongly influenced by what the client was and was not able to work with and compromise on; a holistic approach was necessary to reconcile those aspects as much as possible.

Mia: It is incredibly difficult to advocate for custody rights after having (seemingly) voluntarily relinquished custody, which is one of the many ways that domestic violence manifests against the abused parent. What were some of the other hurdles or challenges you faced?

Brandon: The relationship between our client and the child’s father was deeply unpleasant; the father would regularly send abusive, belittling screeds full of personal attacks to our client and also to us.  For a while, the father was pro se, which made things even worse.  There were numerous instances in which reasonable compromises were met with impasse because the parties could not get past their personal feelings.

Mia: How has Reed Smith supported your work with Sanctuary?

Brandon: Reed Smith takes pro bono seriously and provided all the resources we could ever have needed.  The attorney hours we committed to this case over the course of three years were immense, in addition to the support staff assistance with filings, assembling of materials, etc.

In addition, Jeff was able to join in the case as a result of the firm’s participation in the New York State Attorney Emeritus program, which enables retired partners to continue to participate in pro bono matters through the firm.  This program is fantastic for pro bono generally, given the highly experienced lawyers with time to contribute that the program brings into the fold.

Mia: What is your practice area? Is it different from the subject-matter of the case?

Brandon: Jeff’s primary experience has been as a bankruptcy lawyer and commercial litigator, and I am a white collar crime and government investigations lawyer.  So yes—worlds away from family court and custody disputes.

Mia: Do you have any lessons or takeaways you’d like to share? Has working on this case helped you grow as a lawyer?

Brandon: This was definitely a very challenging case, with a lot of difficult interpersonal dynamics to manage and barriers to overcome.  In the end, we felt we had done as much as we possibly could for the client, even though that didn’t involve taking her case to trial.  We learned a great deal about dealing with clients who are deeply emotionally involved in the subject matter of the case, about dealing with hostile and legally unsophisticated adversaries, and about the challenges faced by abused women trying to assert their rights.  Working with and learning from a lawyer of Dara Sheinfeld’s caliber was particularly valuable for a younger attorney such as myself and a senior lawyer without experience in custody matters.

Mia: Is there anything else would you like to share?

We would like to thank Dara, and Sanctuary for Families generally, for the opportunity to work on such a rewarding case.  And we encourage all attorneys to reach out to Sanctuary for Families and ask how they can contribute, even if they have no experience in gender violence or family law.

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Join us at our Above & Beyond celebration on October 19, 2016 at the Highline Ballroom as we honor Brandon and Jeff’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.

Mia is a Pro Bono Council Co-Chair for Sanctuary and a senior associate in the intellectual property and information technology (IP/IT) practice group of Freshfields Bruckhaus Deringer in New York.

 

Cahill Attorneys Help Domestic Violence Survivor Keep and Protect Her Kids

Ben Schatz

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of Cahill Gordon & Reindel attorneys for their pro bono work on behalf of Sanctuary client “ZN.”

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys at Cahill Gordon & Reindel LLP for their pro bono work on behalf of Sanctuary client “ZN,” a young, immigrant mother of four children. The Cahill team, consisting of partner Joel Kurtzberg, and associates Sara Ortiz, Chloe Sauer (currently of Barclays), and Ben A. Schatz (currently of the Center for Appellate Litigation) helped ZN obtain a finding of neglect against her husband, full custody of her children, and an Order of Protection, including all of her children, against her husband.

sara-ortiz

Pro Bono Council Co-Chair Ben A. Schatz talks with Sara Ortiz about her experience working with Sanctuary on the ZN matter.

Ben: Tell us briefly about the work you and your team did on behalf of ZN.

Sara: ZN is a young immigrant mother of four who had suffered years of physical and emotional abuse at the hands of her husband. She came to Sanctuary a few years ago after her husband lied to police to have her falsely arrested, only to find his plan backfiring, and resulting in a neglect case against him in Bronx Family Court.

Working with Dara Sheinfeld, Sanctuary’s Legal Director in the Bronx and Manhattan, we prepared ZN for a trial in the neglect matter in Bronx Family Court, and filed petitions for custody and an order of protection, to be heard simultaneously.

At an emotional hearing in the neglect matter, ZN and her oldest son testified about the extensive physical and emotional abuse her husband inflicted on the family. In July 2015, the court made a finding of neglect against ZN’s husband, and granted ZN full custody of her children and a full five-year order of protection for herself and her children. We also then assisted ZN in obtaining a favorable child support order against her husband. We’re continuing to advocate on ZN’s behalf in other pending legal matters.

Ben: Has working with Sanctuary on ZN’s case helped you grow as a lawyer?

Sara: Absolutely. My work at Cahill primarily focuses on long-term, large-scale commercial litigation matters and investigations.  Working with Sanctuary on ZN’s case as a junior associate has given me a great chance to take the lead on a completely different and incredibly important case.

Also, I feel so lucky to have had the opportunity to work with, and learn from, Dara.  I could not ask for a better legal mentor.  Dara is a brilliant advocate, and made herself available day and night to answer any questions that came up during the case. Dara clearly loves her job, and working with her and with Sanctuary undoubtedly has made me a better advocate.  

Ben: Sanctuary takes a holistic approach to helping its clients. How did you and Sanctuary help ZN in ways outside the courtroom?

Sara: Sanctuary lawyers are always looking to support their clients in ways that extend beyond the clients’ immediate legal needs. Inspired by this approach, we referred ZN to our holiday Adopt-a-Family program, helped ZN obtain public assistance benefits, got her children signed up for free summer camp, and made sure she left each of our meetings with anything she needed to care for herself and her four children, whether it be food, clothing, or a MetroCard.

I also personally helped ZN become more comfortable taking public transportation by exchanging text messages with photographs of our respective locations to make finding each other near the subway easier.  ZN even gained the confidence to take the train alone from the Bronx to Manhattan.

Ben: How has Cahill supported your pro bono work with Sanctuary?

Sara: Cahill has been unwavering in its support of my work with Sanctuary. The Firm has a deep and longstanding relationship with Sanctuary, spearheaded by Joel Kurtzberg when he was an associate (that was nearly two decades ago—Joel is now a partner).

In addition to its pro bono efforts, the Firm sponsors holiday drives, collecting hundreds of gift cards for Sanctuary clients, and has hosted resume review and interviewing skills workshops for survivors of domestic violence enrolled in Sanctuary’s Economic Empowerment Program.  It’s a privilege to work at a Firm that enables me to pursue pro bono work I feel passionate about.

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Join us at our Above & Beyond celebration on October 19, 2016 at the Highline Ballroom as we honor Cahill Gordon & Reindel’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.