Our client is a resident of Orleans Parish who came to us seeking custody of her young grandson.  Her grandson has disabilities that make it difficult for him to communicate, walk, and eat; he takes special education classes and has many medical needs. The little boy’s mother passed away earlier this year, leaving our client, who is a single woman in her sixties, his closest living relative.  

Volunteer Alex Domingue took on this case as his first ever pro bono assignment, just days after passing the bar.  He first met with the client in October and has already successfully represented her at her custody hearing. The court granted the client full custody of her grandson, which will help the family in a wide variety of ways.  The client can now add her grandson to her Section 8 voucher, secure much needed medical services for him, replace his lost Social Security card and act as the representative payee for his benefits, and advocate for Special Education services for him at his school.  

Congratulations to our client and to our new volunteer, Alex!

The Pro Bono Project works to ensure every client has the legal resources they need. During the COVID-19 crisis, our team has received many calls from the community seeking assistance in creating solutions for their legal issues. Our Intake Coordinator spoke with a young woman who was fearful of foreclosure on her property due to a recent lay off and inability to meet her mortgage payments at this time. The young woman stated she had made several attempts to connect with her lender but had been unsuccessful in doing so and was starting to become increasingly concerned that the company would take action against her. Through a detailed conversation regarding the current options available for homeowners during COVID-19 and sharing the links of local and state organizations who might be of assistance to the young woman, the team at The Pro Bono Project was able to create a solution which put her mind at ease. Upon ending the call, the tone was cheerful and optimistic with a reminder to the client that our team is available to provide support for her beyond her current situation. This was just one of the many ways The Pro Bono Project has provided access to justice during this time of challenge and uncertainty.

Everything was moving smoothly with the purchase of client’s new home until the client moved in. The compressor to the A/C unit had been stolen. When our client contacted the previous owner (who was also a realtor) about the need to address the matter, the previous owner denied responsibility. The client then appealed to the homeowners’ insurance carrier, but they, too, refused the pay, saying that it was the previous owners’ insurer who should cover the loss. After 150 hours of volunteer service and a filing in the First City Court of Orleans Parish, our volunteer is thrilled to report that our client received a settlement check for $1,790.

Ruby* was taken into the legal custody of the Louisiana Department of Children and Family Services due to dependency. Her mother’s parental rights had been terminated previously, and her father was incarcerated on charges which he denied vehemently and which were later dropped. Because she had no legal caretaker, the state requested legal custody placed Ruby in the home of a relative. After her father’s release from jail, the Project attorney representing Ruby successfully negotiated with the district attorney a continuance of the child-in-need-of-care adjudication to give the father time to restore utilities to his home, so that both Ruby and her father would not be burdened with the legal and social stigma of a child welfare case.

The Pro Bono Project constantly deals with custody cases, many of which are stirring examples of the incredible differences that volunteer attorneys can make in the lives of their clients.  

Terrence Batiste’s story is one of the many inspiring cases that validate the countless hours volunteers and staff members provide for The Pro Bono Project.

Terrence Batiste was faced with an incredibly difficult situation at the age of 24, when his ex-girlfriend refused to allow any real contact between him and his son, Jamhai, for the first four months of Jamhai’s life. 

She denied Jamhai was Terrence’s son, and refused to allow a paternity test.  Yet Terrence knew intuitively that Jamhai was his, and deeply regretted every day that he was missing from his son’s life. 

By the time his son was six months old, Terrence had never spent even a full day with him, and was limited to watching his first months through photos on the internet.

His girlfriend attempted to avoid Terrence’s claim on Jamhai, by changing phone numbers, closing her email account, and only allowing Terrence to spend time with Jamhai while she supervised. 

On top of attempting to deal these issues, Terrence was a full-time student at Southern University and paying child-support for Jamhai. 

Finally, one of his mother’s friends recommended that Terrence seek help from The Pro Bono Project.  With the help of The Project, Terrence’s paternity was established. Once the court affirmed that Jamhai was indeed Terrence’s son, his girlfriend could no longer deny his rights as a father.  As a result, Terrence now has regular overnight and unsupervised visits with his son.

When asked about how he feels about The Project and his new relationship with his son, Terrence replied, “It’s amazing. I keep talking about [my experience] with everyone I know.”

by Steven Griffith, Jr.

Pro Bono Lawyer, Baker Donelson

Gwen D. was a single mother struggling to make ends meet in 2004. She took on employment as an administrative assistant at the rate of $15.00 per hour, and she was running errands and handling other administrative responsibilities for her employer. Unfortunately, her employer decided he wanted to terminate her employment in favor of another administrative assistant, and roughly $1,500.00 of unpaid wages was owed to Gwen on the date of her termination. Her employer refused to pay.

Under Louisiana law, an employer’s failure to pay wages can subject the employer to penalties, interest, attorney’s fees, and other amounts. Yet, private counsel is often unwilling to accept such cases, as both proof of liability and collection of final judgments can be a time-consuming endeavor, with little reward in the end. It was for these reasons that Gwen was unable to find a private lawyer to assist her and, when she was ready to give up entirely, she turned to The Pro Bono Project.

The Pro Bono Project was able to partner Gwen with a private lawyer willing to take on her case, for no fee, and pursue Gwen’s rights. After multiple demand letters sent to the employer, The Pro Bono Project’s volunteer attorney filed suit against the employer and immediately set the case for trial. When the employer refused to compromise the case at all, the trial went forward, and Gwen was successful in her claims on all counts. She recovered the $1,500.00 owed in wages to her, another $10,000.00 in penalties, and The Pro Bono Project was awarded another roughly $4,000.00 in legal fees for its efforts in protecting her rights.

The value of this judgment to a single mother with nowhere left to turn is immeasurable, particularly when one considers that Gwen was ready to throw in the towel and walk away from her claim altogether. Instead, in addition to feeling vindicated, Gwen has been paid the amounts that she earned, and the penalty monies have been collected and saved for future use in care of her daughter. 

More importantly, this case—one of hundreds The Pro Bono Project handles each year—is indicative of the effort of the staff and volunteers that work with The Pro Bono Project on behalf of individuals throughout the New Orleans area. 

Editor’s Note: Steven Griffith of Baker Donelson was the attorney who handled this case. Without the valuable services of the many volunteer lawyers that work with The Pro Bono Project, this client and many others may never have been able to have access to justice.

by Maggie Padek

Student Volunteer, Tulane University

Living in debt can be a scary ordeal. However living in debt, and feeling like you have no possible escape, can be absolutely paralyzing. Recently, The Pro Bono Project helped a Jefferson Parish, 54-year-old woman overcome such fears.

Before reaching out for help, she was living with $30,000 or more in Credit Card debt and approximately $3,000 in Medical Bills. She was receiving disability for severe emotional distress but it was hardly enough to cover her debt and she had been living with friends because she could no longer afford her rent.

She would lie awake at night, stressed by her debt knowing that she also needed a way to financially help out her aging father. Finally she decided to file for personal bankruptcy and called the Disability Advocacy for help. They then directed her to The Pro Bono Project.

She was assigned by The Project to David Andress in Baton Rouge as the attorney for her case and felt that she could easily work with him over the phone or through fax to help settle her case.

When she did travel to Baton Rouge to meet with him, she commented on how overly helpful the office was in answering her every question.  Clients have questions that may seem irrelevant to attorneys, however she noted how much care and attention the staff took to every question she asked.

When it came time for her 341 hearing, Julie Jochum, who then worked at The Project, was assigned to accompany her at the courthouse. Despite the simplicity of the hearing procedure, the woman was terrified by the ordeal and was grateful for Julie’s presence to support her through the hearing. In March 2008, her case was officially declared closed and successful.

This Jefferson Parish woman hopes that this is her last legal problem she will be faced with but is grateful every day for the help that The Pro Bono Project has provided her. She now feels that she is more financially stable and can start saving for her future. A huge burden has been lifted off her shoulders and she is finally able to sleep at night. She felt the difficult situation was handled very smoothly with the help of The Pro Bono Project.

When speaking with her she exuded her gratitude for the people who helped her through this ordeal. Every night the staff of The Pro Bono Project is in her prayers and she is truly grateful for the day that the Disability Advocacy gave her The Pro Bono Project’s number. 

When Alexis spoke to Miss Maze, she was in a panic and was quite distraught at the thought of not being able to sell the house and move. Upon gathering all necessary information and documentation, Alexis was able to have Miss Maze’s parents wills probated and her legally put into possession of the home. This enabled Miss Maze to be able to list the home for sale and prepare for her big move to Georgia to be closer to her family.