Summer 2003
Nonprofit Organizations Flourish under Pro Bono Programs
Fiscal years 2002 and 2003 have been good years for nonprofit organizations seeking legal assistance through the Community Legal Referral Program and the Boston Bar Association Business Law Pro Bono Project. From September 2001 through August 2002, ninety six nonprofit organizations were provided pro bono legal referrals through the two programs. Since September 2002, an additional seventy seven cases have been referred.
The following are a few examples of the nonprofit organizations assisted by pro bono attorneys through the Clearinghouse:
Neighborhood Business Builders - Neighborhood Business Builders (NBB) is an economic development program of Jewish Vocational Service that helps people in the Greater Boston area reach their economic potential by providing various forms of training, capital, and business development support to entrepreneurs and small businesses. NBB works with entrepreneurs from culturally diverse and economically disadvantaged communities who are underserved by the capital markets and other business support services. Through the Clearinghouse’s Community Legal Referral Program, attorneys Marijane Benner Browne, Catherine Capeless, and Anastasia Caviris of Bingham McCutchen LLP worked with NBB on several projects to assist NBB in its mission.
Initially, the team from Bingham McCutchen worked with NBB to update its standard loan documentation and to streamline its application and approval process. The Bingham lawyers also worked with NBB in connection with specific loan transactions. For example, Bingham McCutchen assisted NBB in gaining security interests in certain collateral which enabled NBB to make a loan that helped launch a new retail store in the Boston area.
The Bingham team also helped NBB work through intercreditor arrangements and documents so that NBB could partner with agencies with similar missions in making larger loans to individuals starting their own companies. The agreement was structured to be not only useful for the deal at hand, but to be used as a starting place for future transactions as well. Indeed, NBB has recently used the agreement in connection with the launching of another small business. According to Jeff Doff at NBB, “The assistance from Bingham McCutchen was invaluable in helping NBB to serve its clients and to promote small business in Boston.”
WATCH CDC - WATCH (Waltham Alliance to Create Housing) is a CDC in Waltham, Massachusetts, formed in 1988 in an effort to create affordable housing by repairing and reselling abandoned properties in the area. When WATCH first sought assistance through the Clearinghouse’s Community Legal Referral Program, they were in the process of conveying several houses to owners in need of affordable housing. Each house had two units – one unit was to be occupied by the owner and the other was to be made available to a tenant at affordable rental rates. WATCH needed an air-tight affordable housing covenant, which would ensure that the property retained its affordable status in the years to come. Over the course of several months, attorneys Thomas G. Schnorr, Jennifer B. Izzo, and Celeste B. Pagano of Palmer & Dodge LLP drafted the covenant for WATCH. A challenging task with many potential problems and variables to consider, Izzo found the work “immensely enjoyable”. She adds, “It meant a lot to know that I was helping, in a small way, to increase the badly needed supply of affordable housing in the Boston area.”
Equiforum - Equiforum is a newly-formed nonprofit with a unique mission, and, consequently, unique needs. The mission of the organization is to improve the scientific basis for resolving conflict peacefully by creating freely available software and data standards to use in public forums. Once ready to incorporate and file for tax-exempt status, Equiforum contacted the Clearinghouse for assistance. After attending the new nonprofit seminar, the group was referred to attorneys Scott M. Friedman and Nicholas T. Antuon of Ropes & Gray. Jonathan Hendler, Equiforum’s founder, explains, “The officers of the corporation are young, and most are in college, so money (for legal assistance) for this kind of ambition is not easy to find. However, because of the Boston Bar Association Business Law Pro Bono Project, Equiforum has a top notch law firm helping with formation documents, and the legal, ethical, and tax concerns that come with the formation process.” Friedman returns Hendler’s enthusiasm for the pro bono work done: “We have had a lot of fun working with such a dynamic organization and look forward to watching Equiforum take off.”
Brockton Interfaith Community - Brockton Interfaith Community (BIC) is a broad based power organization made up of 25 religious institutions. By identifying grass roots leaders, helping them understand their own strengths, and helping them develop the skills and allies necessary to use that power effectively, BIC has been a vehicle for thousands of people to gain control over their own lives and bring about concrete changes to better their communities. BIC is interfaith, multi-racial, multi-ethnic, multi-lingual, and spans all classes, neighborhoods, and backgrounds. In its 13 years, BIC has brought about major systemic changes in areas such as housing and neighborhood development, youth and after school programs, living wage jobs, health care, and public safety.
When BIC needed to set up two new entities for the development and financing of over 100 affordable one- and two-family homes using the “Nehemiah Homes” model (pioneered in East Brooklyn in the mid-1980s), attorney Eric P. Damon, along with summer associate Will Hulcher, of Foley Hoag LLP, answered the Clearinghouse’s call on behalf of BIC. Recognizing the necessity and value of Damon’s legal assistance, BIC Lead Organizer Meir Lakein expressed his gratitude for the Clearinghouse’s facilitation of the referral: “Your help came at just the right time, when we were on the verge of something big but didn’t have the resources yet to make it happen. You are a great resource.”
College Pathfinders, Inc. - Founder Kathleen McDonald is thrilled to finally move forward with the mission of College Pathfinders, Inc. which was formed to provide increased access and guidance regarding further educational opportunities beyond high school to minority and economically disadvantaged students in the Lynn public school system. The goal is to have the students develop their full potential as adults with as many opportunities as possible for personal and community development. “We are now officially College Pathfinders, Inc., a full-fledged 501(c)(3) organization, and are so thrilled to start providing services, and hopefully bring in some grants! We could not have done this without the services of the Clearinghouse and Attorney Lee, and we’re so grateful for all your efforts.” College Pathfinders will begin this fall with mentoring partnerships between college aged students who reflect the same background as low income Lynn students considering college. The organization will also provide support throughout the application process through advising and application guidance, college tours, college tours in Spanish and Khmer for parents who do not speak English, and ongoing support when the students arrive at college through care packages, advising, and encouraging them to continue the mentor cycle as mentors themselves to incoming applicants.
Attorney Nancy M. Lee from Rackemann, Sawyer & Brewster volunteered through the BBA Business Law Project to assist College Pathfinders, Inc. “As someone who has worked with high school students on college applications in the past, I understand the difficulty in navigating the complicated admissions process. Also, as someone who sits on a nonprofit board, I understand the excellent work nonprofits do, often without recognition. Because of this, I was happy to assist College Pathfinders in getting incorporated and receiving tax exemption status. I know they will do great work in assisting high school students in Lynn.”
Of course, we would never have been able to provide such vital assistance were it not for the dedication and commitment of our volunteer attorneys and their firms! For a list of the volunteer attorneys who have accepted referrals through out nonprofit programs, click here.
New Incorporation Seminars for Nonprofit Representatives
“I just wanted to thank you for yesterday. It was a fabulous workshop. It was very helpful to know more about the layers of the nonprofit world. I’ve been working in the field for ten years but never knew the foundational piece of getting started.” — July 2003 Seminar Attendee
In January, the Clearinghouse joined with Volunteer Lawyers for the Arts in offering an informational seminar for nonprofit representatives seeking legal assistance with incorporating in Massachusetts and/or filing for federal tax-exempt status. The two-hour seminar is designed to answer general questions and provide nonprofits with enough information to ensure that they are ready to go forward with the legal process. A sampling of the many topics covered include the benefits of being a nonprofit verses a for-profit business, incorporating and structuring the nonprofit, state and federal reporting and regulation, fiscal agency, and completing the 1023 for federal tax-exemption.
The seminars, hosted by Goodwin Procter, are held approximately every six weeks. As of July, there have been five seminars held with over 120 individuals attending. Feedback from nonprofit representatives has been extremely positive, with one attendee praising the presenters as “excellent, clear, and interested in the groups’ understanding of the material”. Many groups have expressed relief at finally finding “exactly the information [they] were looking for,” whether it’s the tools to assist them in moving forward with an attorney or gaining enough insight into the process to chose to further strengthen their new organization before incorporating.
The remaining 2003 seminars are scheduled for Thursdays, September 4th, October 23rd, and December 4th.
Thank you to attorneys Susan L. Abbott and Laurie L. O’Donnell of Goodwin Procter LLP, Jim Grace of Volunteer Lawyers for the Arts, Heather Lange of Taylor Ganson & Perrin LLP, and Harvard University School of Law student Todd Larson for dedicating their time and expertise to leading the seminars and updating the materials.
Clearinghouse Welcomes New Board Members
Suzanne Cartledge is an associate at Bowditch & Dewey where she concentrates her practice in commercial real estate transactions, including acquisitions, financing and project development. Prior to joining Bowditch & Dewey, Ms. Cartledge was an associate at a Boston law firm as well as a high school English teacher in Connecticut.
Suzanne graduated from Hofstra University and earned a J.D. from Villanova University School of Law. Ms. Cartledge is a member of the Massachusetts and Connecticut bar.
Thomas H. Hannigan, a litigation partner at Rope & Gray, specializes in environmental litigation, including the areas of hazardous waste, clean air, clean water, and Superfund.
Tom graduated, cum laude, from the University of Notre Dame with a degree in Chemical Engineering and earned a J.D., cum laude, from Boston College Law School, and served as Editor-in-Chief of Boston College Law Review. He is admitted to the bar in Massachusetts, the U.S. District Court for the District of Massachusetts, the U.S. Court of Appeals for the First and Sixth Circuits, and the U.S. Supreme Court.
Tom became active at the Clearinghouse several years ago when he facilitated the participation of his firm in the Massachusetts Legal Clinic for the Homeless. He has staffed several clinics.
Joshua W. Leichter is a member of the business law department at Palmer & Dodge focusing his practice on the protection and commercialization of technology products and associated intellectual property rights for clients in the biotechnology, information technology, and other high technology fields. Prior to joining the business law department, Josh practiced in the firm’s litigation department for several years, handling intellectual property, securities law, First Amendment, and general commercial litigation matters.
Josh is a member of the firm’s Pro Bono Committee and is on the Board of Directors of the Massachusetts Volunteer Lawyers for the Arts. He is a graduate of Wesleyan University and earned a J.D., cum laude, from the University of Michigan Law School.
Carolyn Rosenthal works at Goodwin Procter LLP as the Pro Bono Manager and the Corporate Department Staffing Coordinator. As the Pro Bono Manager, she is responsible for creating and implementing an organized pro bono program on behalf of the firm’s Pro Bono Committee. As the Corporate Department Staffing Coordinator, she is responsible for staffing for first through third year associates in the Corporate Department.
Carolyn served as the Executive Director of Volunteer Lawyers for the Arts of Massachusetts from 1990 to 1998, and Interim Director at the Lawyers Clearinghouse in 1991-1992. She is a 1987 graduate of Boston University School of Law and a 1983 graduate of Northwestern University.
Benjamin B. Tymann is an associate in the Litigation Section at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. where his practice focuses on complex civil litigation, including disputes over unfair business practices, commercial real estate transactions, and Chapter 40B development proposals.
Prior to joining the firm, Ben worked at the Massachusetts Department of Labor and Workforce Development, where his responsibilities included managing the Commonwealth’s prevailing wage and occupational safety programs. In 1999, Ben was a recipient of the Commonwealth of Massachusetts Outstanding Performance Recognition award. Ben has also worked as an aide in the Massachusetts Legislature and has served as an elected member of the Newbury School Committee and Vice Chairman of the Triton Regional School Committee.
Ben received his B.A. from Boston University and his J.D., cum laude, from Suffolk University Law School, and served as an editor of the Suffolk University Law Review. He is the author or co-author of several published legal works, including the Low- and Moderate-Income Housing chapter in MCLE’s The Massachusetts Zoning Manual.
Stephanie Wingfield is an associate in the Real Estate Practice Group at Goulston & Storrs. She focuses her practice on general real estate matters. A registered architect, Stephanie spent 12 years in the architectural profession as a designer and a project manager before attending law school. After law school, she was a law clerk for the Honorable Francis X. Spina, Associate Justice of the Massachusetts Supreme Judicial Court, from 1999-2000.
Stepanie graduated from Massachusetts Institute of Technology and received her J.D. from Northeastern University School of Law. She is President of the Jamaica Plain Housing Trust Corporation and Past President and Past Treasurer of the Elizabeth Stone House, Inc.
Congratulations to Goodwin Procter
Nominated by the Clearinghouse, Goodwin Procter received the ABA Business Law Section 2002 National Public Service Award on April 5th at the Marriott Copley Place Hotel. The award was presented to the firm based on their significant pro bono activity demonstrating a commitment to providing pro bono legal services in a business context. The Clearinghouse is grateful for the pro bono assistance Goodwin Procter has provided to our nonprofit clients through the CLRP.
