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Pro Bono Report: Civil Poverty Law

Disability Cases. For the 19th year, Kramer Levin summer associates represented low-income Social Security disability claimants in administrative proceedings before the Social Security Administration (“SSA”), working with CeDAR. Then-summer associates Adam Gasthalter, Jennifer Sharret, and Joseph Shifer, supervised by Kramer Levin lawyers James Grayer, David Landman, and Jodi Rosensaft, represented three claimants in their requests for reconsideration of the denial of their claim for Social Security disability benefits. Each summer associate represented a claimant in a hearing before an administrative law judge, winning benefits in most cases. Associates Robert Wollin and Jennifer Diana also continued work on a matter originated in 2005.

Jeff Trachtman and Michael Sternhell have also worked with CeDAR to challenge the SSA’s policy of failing to consider the combined impact of all of a claimant’s impairments in evaluating children’s SSI claims. Kramer Levin helped CeDAR brief the merits of the issue in connection with two different cases pending before Southern District judges and also briefed a class action certification motion in one of the cases. The Second Circuit rejected our appeal in one of these cases in May 2003, in a decision that nevertheless established important principles and expressly invited further litigation. Taking up the Second Circuit’s suggestion, the Kramer Levin team worked with CeDAR to launch a new class action challenging the agency’s ongoing illegal practice. Motions for summary judgment and class certification were briefed by early 2005 and the matter remains under submission.

Family Law. Kramer Levin’s long-standing relationships with inMotion and NYLAG continued in 2006 as the firm’s lawyers assisted clients with a range of family law needs.

Zoe Leibowitz represents a woman in a separation agreement conversion divorce, which is the sole method of “no-fault” divorce under New York’s Domestic Relations Law. Zoe had previously drafted and negotiated the separation agreement for the client.

Naomi Maryles and Elliot Lowenstein obtained a divorce for a client on grounds of cruelty. In addition to physically and emotionally abusing the client in front of her child, the husband had obtained control of her financial assets, leaving her destitute and forcing her into the New York City shelter system.

Tracy Sigal and Sukyong Suh, supervised by Stefanie Shaw, obtained a divorce for a woman on grounds of cruelty. During the marriage, the husband verbally abused our client in front of her small children, repeatedly abused drugs and alcohol and abandoned our client and her children for periods of time without explanation.

Alexandra Alberstadt and Elliot Lowenstein, with the assistance of then-summer associate Lindsey Schoenfelder, represent a woman seeking divorce from her husband on grounds of cruelty. Because of our client’s extreme fear of her husband, Kramer Levin is pursuing confidential treatment of our client’s address and will receive service of process on her behalf.

Marc Melzer, with the assistance of Norm Simon, obtained a divorce for a woman on grounds of cruelty. During the marriage, the husband repeatedly engaged in physically and verbally abusive behavior, culminating in marital rape and exposing our client to a sexually transmitted disease. Abigail Mulligan also provided advice on estate and health care planning for our client.

Adina Levine and Eric Tirschwell represent a woman seeking divorce from her husband on grounds of cruelty. In addition to verbal abuse and physical intimidation, the husband has used techniques learned during his law enforcement career to terrorize our client.

Then-summer associates Jennifer Pastarnack and Alexandria Senn, supervised by Grace O’Hanlon, represented a non-English speaking woman seeking a custody order and order of protection against her former partner, with whom she had two children. Kramer Levin prepared her custody petition and represented her at a hearing, at which she was granted sole custody of the children and a permanent order of protection. Kramer Levin subsequently negotiated a visitation agreement. Law clerk Jennifer Vargas, paralegal Liz Bertko and then-summer associate William Johnson provided translation assistance.

Erin Walter, with the assistance of then-summer associates Amelia Martella and Sarah Schindler-Williams, represented a woman in three contested family court proceedings to determine custody, establish supervised visitation and obtain child support.

Alexandra Alberstadt and Elliot Lowenstein represented a woman seeking divorce from her husband on grounds of imprisonment. The husband, currently serving a 19 year prison sentence for killing one of the children of the marriage, is contesting the divorce and filed motions seeking assets and other relief from our client.

Julie Weiswasser and Marc Melzer, with the assistance of then-summer associate Lindsey Schoenfelder, represented a woman in custody and child support proceedings in family court. They negotiated a settlement agreement and Melissa Blades provided advice on the tax aspects of the arrangements.

Individual Counseling. During 2006, Kramer Levin attorneys assisted several low-income senior citizens referred through the VOLS Elderly Project with estate planning issues. Aaron Frankel, Jonathan Fried, Sara Gleit, Marissa Leung, Howard Neuthaler, Mae Rogers, Ashley Roberts, Gordon Stone, Arielle Warshall Katz, and then-summer associate Sarah Schindler-Williams represented several individuals in the preparation of a Will, Health-Care Proxy/Living Will, and Durable Power of Attorney.

Gordon Stone participated in a pro bono life-planning symposium, advising clients of Lambda Legal Defense and Education Fund.

In a matter referred by the Legal Aid Society Low Income Taxpayer Clinic, Sarah Gleit and Michael Seaton succeeded in persuading the New York State tax department to withdraw its notice to our client imposing a ten percent income execution on his wages from his current job as a supermarket clerk. Sarah and Mike showed that based upon our client’s current income and obligations the income execution could not be justified as a matter of law. Maria Jones is a member of the Advisory Board of the Clinic.

Jennifer Diana participated in the Incarcerated Mothers Project run by VOLS, through which she has counseled women in prison about visitation rights and other legal issues.

Adam Price counseled a low-income singer/stage performer referred through Volunteer Lawyers for the Arts (“VLA”) in contractual matters regarding the production of the artist’s own one woman show.

Fabien Carruzzo participated in a VLA clinic, advising artists in connection with the formation of not-for-profit corporations, joint ventures, contract drafting, and basic intellectual property issues.

In other VLA matters, Paul Connuck and Henry Cittone counseled a dance instructor regarding trademark protection for her dance and fitness instruction business, and Matthew Abbott assisted an independent filmmaker in drafting various production agreements.

Abe Safdie and Jessica Turko represented The Real Live Show, a hip hop band, in corporate matters regarding the internal partnership structure of the band and certain trademark and copyright issues, including license agreements.

Natan Hamerman helped a low-income client on SSI disability protect her one asset, a cooperative apartment, when a sublet tenant failed to apply for board approval or to pay rent.

Aid to Microentrepreneurs. The Bushwick Federal Credit Union provides loans to low-income individuals starting small businesses in the Bushwick area of Brooklyn who otherwise might not be eligible to receive loans. Kramer Levin provides free legal assistance to those small businesses who request legal help. In 2006, a group of corporate and tax attorneys presented a series of free seminars in Bushwick to local microentrepreneurs discussing different corporate structures and the tax implications of each, as well as analyzing business contracts of interest to small businesses. Those participating in this work during 2006 included Adam Busch, Chatchada Chiamprasert, Brooke Pollak, Ruben Ravago, Blake Rigel, Scott Ruskay-Kidd, and Abe Safdie.

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