Winter 2003/2004

Pro Bono Attorney Profile: James A. Manzi, Jr.

James A. Manzi, Jr., is a partner at the law firm Epstein, Becker & Green P.C. He has been a member of the Clearinghouse’s pro bono panel for five years. Since joining the panel, Jim has accepted eight pro bono referrals, providing over $49,000 worth of his time to nonprofits in need of legal assistance. The Clearinghouse asked him the following questions about his volunteer efforts:

Q: Many attorneys do a bit of pro bono work here and there – particularly when they are new to the field – but you remain committed to doing pro bono work on an ongoing basis. When did you first become involved in doing pro bono?

A: Prior to 1998 I did some pro-bono work for various organizations, especially in connection with the Public Facilities Department of the City of Boston and its first time homebuyers program. In 1998, I became a Permanent Deacon for the Catholic Church. A central role of the Permanent Deacon is service to others, especially the poor and needy. In order to fulfill that role, I felt it was important to find ways to provide that service, to actually practice my faith as opposed to just talking about it. I feel it is my responsibility to give of my time and expertise to those badly in need of, though unable to afford, my assistance. I am particularly drawn to the cases involving organizations working for affordable housing and against homelessness.

Q: Of the many matters you have taken from the Clearinghouse, are there any in particular that stood out for you?

A: In 2000, I accepted a referral for Transition House, with administrative offices in Cambridge . I was representing them on the purchase of a new home that they were planning to renovate and use as a domestic violence shelter. The organization was dealing with a very disadvantaged group, abused women whose only source of safety was this house. All of the correspondence about the house was indirect so as to protect the safety of the future residents. It was a complicated matter with financing coming from both state grants and other affordable housing resources that didn’t really fit the program. In the end, the funding closed, the house was purchased, and the program for the women was upgraded. It was exciting to attend the celebration after the closing. I later assisted Transition House with another matter as well.

The first matter I accepted was in 1999 for the Massachusetts Housing and Shelter Alliance (MHSA). The state had implemented regulations disqualifying a broad range of people with past criminal records from becoming employees or volunteers of the member shelters. But many of those with criminal records, particularly those with former drug problems, were particularly appropriate candidates-people who could serve as role models because they had changed their lives for the better. I worked with the Alliance and other attorneys in filing litigation which ultimately resulted in a preliminary ruling in favor of MHSA.

I am currently working with the Chatham Housing Authority on the development of affordable housing. Chatham is a beautiful, safe community and will provide a special opportunity for people who would otherwise never be able to afford to live there. We are about to sign a designation with a developer.

Q: Would you say that your pro bono work has in any way enhanced the work you do for your paying clients?

A: Actually, I would say it’s more of the opposite. The experience I’ve gained over the years giving strategic and practical advice to our paying clients has been brought to bear on the work I’ve done with the pro bono clients. However, sometimes I will take a pro bono case in an area that I am not as well-versed in as other areas. This gives me the opportunity that I would not otherwise have to continue to learn in different spheres of the law. I would be more likely to take an unfamiliar case for a pro bono client because I can spend the extra time in that situation whereas I couldn’t justify the billing of “learning time” to a paying client.

Q: How has your enthusiasm about doing pro bono work had an effect on your firm?

A: Although Epstein Becker & Green has over 350 lawyers nationally, the Boston office has approximately 45 lawyers and thus is much smaller than the bigger firms with formal pro bono programs. I would say that, in general, it has been difficult to increase the level of pro bono work post-September 11^th, particularly for associates who have been experiencing more pressure to be efficient and may feel less able to take on non-paying clients. I see it as a responsibility for partners such as myself to take up the slack as well as to make it more comfortable for associates to seek out and accept more volunteer opportunities.

Q: Have there been any particular challenges along the way with your pro bono clients that have made you question the time you have given?

A: I am fortunate never to have run into a difficult pro-bono client. There was one that disappeared after our initial consultation. But we don’t do this work for the thanks at the end of the day or to hold ourselves out as special. We do this because service to others and being an example of that service that others hopefully can emulate, is important. It’s about achieving the result for the client and not whether people thank you or not. That’s where the satisfaction is. That’s where the value is.

Q: Is there anything else you would like the legal community to know about doing pro bono work?

A: It’s important for attorneys – especially partners – to keep balance in their life, regardless of the impetus. We can get caught up in our own little universe, very busy with work and family. Volunteering for those unable to afford our assistance gives us more balance, which is good for our emotional well-being. It also keeps us centered on reality. It reminds me of something that Dorothy Day wrote. She wrote that “we need always to be thinking and writing about poverty, for if we are not among its victims its reality fades from us. We must talk about poverty, because people insulated by their own comfort lose sight of it…” In other words, we need to make a conscious effort to spend time with the poor. We need to participate in the wider world on a face to face basis.

Massachusetts Legal Clinic for the Homeless Advocates Help Obtain Social Security Benefits

In November, 2002, legal advocates from Ropes & Gray volunteered to assist clients through the Massachusetts Legal Clinic for the Homeless at the Pine Street Inn. Mr. M came to the clinic to seeking help with his claim for Social Security Disability Insurance benefits. The client, who was in his mid-40s, had worked various manual labor and kitchen jobs until May 2001, when an injury prevented him from working. Since the injury, Mr. M was in constant pain and became depressed.

Jeffrey R. Katz, an associate in the Corporate Department, and Kara L. Kinson, a paralegal, first met with Mr. M after his application for Social Security Disability Insurance benefits had been denied. He had filed a Request for Reconsideration on his own which had not yet been decided. Jeff and Kara arranged to have the reconsideration decision delayed until they had a chance to review the file, collect medical records not already in evidence, and ensure that the Social Security Administration (SSA) file was complete. Despite additional medical evidence and the written legal argument the advocates presented to the SSA, Mr. M’s request for reconsideration was denied.

Jeff and Kara immediately appealed the decision and requested a hearing before an Administrative Law Judge (ALJ). While waiting over six months for the ALJ hearing, they continued to collect medical evidence, both historical and current, for submission to the ALJ. They also met with Mr. M several times to obtain updates on his treatment and to explain what he should expect at the ALJ hearing. About two and one-half months after the hearing, a “fully-favorable” decision was received. They were equally pleased to learn, at about the same time, that Mr. M was no longer homeless — he received a public housing unit.

The Clearinghouse is very grateful to Jeffrey Katz and Kara Kinson for their hard work and dedication to assisting those in need of legal services.

Clearinghouse Welcomes New Board Members

Mitchel Appelbaum is a partner at Hale and Dorr where his practice is focused on Chapter 11 reorganizations, high-yield debt restructurings, secured lending and commercial transactions. He actively participates in the Commercial Lending and Bankruptcy Committees of the Boston Bar Association and has lectured on bankruptcy issues for continuing legal education courses. Mitch also participates in many pro bono activities, including serving as a supervising attorney for students completing a corporate clinical program at Harvard Law School.

Mitch graduated from Boston University School of Law, where he was a G. Joseph Tauro Scholar and received a B.A. from Brandeis University.

Paul Bouton is a partner at Nixon Peabody where he focuses his practice on representing owners, developers, and syndicators of real estate projects, including housing developments, office buildings, and industrial projects. He concentrates his practice in the area of affordable housing development. He is a member of the American and Boston Bar Associations and of the Massachusetts Conveyances Association. Paul was recently elected town moderator in his community and previously served as chair of his community’s Finance Committee and as vice chair of the Housing Partnership Committee.

Paul graduated from Boston College Law School, received his M.B.A from the University of Connecticut, and his B.A. from the University of Massachusetts/Amherst.

Incorporation Seminars for Nonprofit Representatives Complete First Year

In January 2003, the Clearinghouse joined with Volunteer Lawyers for the Arts of Massachusetts (VLA) and Goodwin Procter LLP in offering an informational seminar for nonprofit representatives seeking legal assistance with incorporating in Massachusetts and/or filing for federal tax-exempt status. Nine seminars and 186 attendees later, the project is a huge success, even surpassing our expectations.

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 versus 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.

Many of the nonprofits represented at the seminar go on to seek start-up pro bono legal referrals through the Clearinghouse or the VLA. The seminar provides them with the opportunity to first consider the responsibilities of becoming a tax-exempt organization. Some organizations realize that they have more work to do before involving a lawy32 in the process, while others are able to start gathering the information they will need and considering important decisions in anticipation of working with an attorney towards their goals.

The Clearinghouse continues to receive positive feedback from both the nonprofit organizations and the attorneys representing them on a pro bono basis. Attorney Susan Abbot of Goodwin Procter, who both teaches the Nonprofit Seminar and represents her own pro bono clients, explains that “the seminars are tremendously useful in giving people some introductory information about setting up non-profits and helping them decide whether this is the right path for them. The seminars create educated clients, which is very helpful both for the clients themselves and for the attorneys with whom they are ultimately matched. I’ve really enjoyed helping lead the seminars and meeting people with so many different and exciting ideas for non-profit organizations. “

The seminars, hosted by Goodwin Procter, are held approximately every six weeks. The next seminar is scheduled for Thursday, March 18th. Please contact Lisa Schneider at 617.778.1954 or lschneider@lawyersclearinghouse.org to pre-register.

Thank you to attorneys Susan L. Abbott and Laurie L. O’Donnell of Goodwin Procter LLP and Jim Grace of Volunteer Lawyers for the Arts for dedicating their time and expertise to leading the seminars.