One of the best ways to lift low-income District residents out of poverty is to provide them with a job that pays a living wage.   In an effort to provide good jobs to District residents, the Council enacted and the Mayor signed the First Source Act and the Living Wage Act.   The laws require that 51% of the employees hired for a City funded development projects be District residents and that the jobs pay a living wage.

The District Auditor released an evaluation of the compliance with these laws in connection with certain projects within the jurisdiction of the Deputy Mayor for Planning and Economic Development (specifically those that were started by the former Anacostia Waterfront Development Corporation and the National Capital Development Corporation.)   The auditor found that the District’s implementation was woefully inadequate. 

Among the findings of the Auditor are:

1.        The Department of Employment Services had inadequate procedures to monitor compliance with the statutes.

2.       The failure to monitor resulted in wide spread no- compliance.   Only 4 of 16 covered projects met the 51% goal.   As a result, there were 361 jobs that should have gone to District residents that were given to persons living outside the District.

3.       District residents lost more than $14 million in wages that were paid for by public funds.

4.       The living wage provisions have not been adequately implemented.   The Auditor specifically blamed the Mayor and the Attorney General for failing to support efforts by DOES to comply with the obligations of the law.

The results of the audit are very disturbing.   At a time when the unemployment rate in the District is near 11% and in some wards near 30%, nothing could be more important than job creation.   Given the structural imbalance created by the District’s “unique” relationship with the federal government and its suburban neighbors, it is particularly unfortunate to provide government funds for jobs for people living outside the District.

If the District government is serious about helping reduce poverty in the District, fixing First Source and Living Wage compliance monitoring is a great first and easy step.

I have the honor of attending the District of Columbia Circuit Judicial Conference this week.  (Thank you, Judge Kessler).  Among the presentations this morning was a panel on the Future of Legal Education.  Deans Erwin Chemerinsky from Irvine School of Law, Veryl Miles from Catholic Columbus School of Law and David Van Zandt from North Western presented.

Legal Aid is thrilled that two of Legal Aid’s key pro bono partners – the law firm of Thompson, Loss & Judge LLP (TLJ) and Zuckerman Spaeder LLP (Zuckerman) – will be honored at the 2010 D.C. Bar Annual Business Meeting and Awards Dinner, on, Thursday, June 24, 2010 as the Pro Bono Law Firms of the Year, for small and large firms respectively. 

        Thompson, Loss & Judge

TLJ is truly deserving of the law firm of the year award for small firms.  Since 2006, TLJ has partnered with Legal Aid to provide pro bono representation to some of our community’s most vulnerable individuals their effort to secure essential government benefits.  The firm has assisted numerous clients referred from Legal Aid, guiding them through the Social Security Administration bureaucracy and helping those who have disabling conditions secure the benefits they need and deserve.  In several cases, TLJ’s clients were entitled to thousands of dollars of back benefits after years of pursuing their claims on their own. 

The 12-attorney firm has provided more than 1,000 hours of pro bono attorney service since beginning its partnership with Legal Aid.  Nearly 500 of these hours were in the past year alone.   TLJ’s sustained commitment over several years to its pro bono partnership with Legal Aid rivals that of law firms 20 or more times the size.

 “Partnering with Legal Aid has been great for our firm,” said TLJ partner Tom Judge.  “Legal Aid helped us develop a pro bono program that best suits a firm of our size.  Through close coordination with Legal Aid, we have helped some of D.C.’s poorest disabled citizens obtain essential government benefits and have found that most rewarding.” 

            Zuckerman Spaeder LLP

Like TLJ, Zuckerman has a particularly close relationship with Legal Aid.  In the past year, for Legal Aid alone, Zuckerman has provided ethics advice and representation, as well as trial level representation to clients living in poverty.  Even if this is all Zuckerman had done, it would have been an impressive contribution.  However, Zuckerman is particularly deserving of the award given the firm’s extraordinary – and literally unparalleled – commitment to Legal Aid’s Appellate Advocacy Project, which focuses on litigating cases of importance to persons living in poverty before D.C.’s highest court.

Legal Aid’s Appellate Advocacy Project would not be what it is today without the tireless efforts (and hundreds of pro bono hours) of Zuckerman Spaeder, particularly Zuckerman Counsel David Reiser.  Zuckerman’s efforts in this regard have had a substantial impact on access to justice. 

As James Klein, Chief of the Appellate Division of the Public Defender’s Service has put it, the Appellate Advocacy Project “has not merely satisfied a previously unmet need by providing top quality appellate advocacy on behalf of indigent civil litigants, but may fairly be described as having changed the culture of the District of Columbia Court of Appeals by ensuring that the appeals presented by the Legal Aid Society are eagerly anticipated by the judges of that court who appreciate those cases as an opportunity to grapple with vital issues that far too long suffered in the absence of first-rate advocacy.” 

Legal Aid’s Pro Bono Referral Program helps numerous low income individuals every year, in a multitude of ways.  The program refers cases to attorneys working in private law firms and government agencies who are willing to represent clients on a pro bono basis.  The matters initially are screened by Legal Aid staff and an experienced Legal Aid attorney is assigned as a mentor for each matter referred.  Legal Aid mentors are available to answer questions, provide sample pleadings, discuss relevant case law and strategy, and offer ongoing guidance as the case moves forward.  

TLJ and Zuckerman have been key partners in Legal Aid’s pro bono effort.  We could not be more pleased with their recognition by the D.C. Bar.

Last night was the Meyer Foundation’s Exponent Awards celebration, an event that recognizes five visionary nonprofit leaders each year and provides $100,000 to their organizations for leadership support.  Jonathan Smith, Legal Aid’s Executive Director, was one of the recipients along with Lindsay Buss of Martha’s Table, Ana Lopez of Community Bridges, David Andrew Snider of Young Playwrights’ Theatre, and Kelly Sweeney McShane of Community of Hope.

Each award recipient had a few minutes to give remarks and it became very obvious why these leaders were deserving of such a remarkable honor.  They were humble and deferential in their praise of colleagues, boards and funders, such as the Meyer Foundation, who made their work possible, but it was their universal compassion for their clients, and the differences their organizations are making in their clients’ lives, that truly resonated loud and clear.

Jonathan mentioned that working with clients had taught him two very important lessons.  First, fighting prejudice and ending poverty requires more than just applying the law and second, the greatest injustice is poverty and inequality.  He urged the audience to change the conversation from helping people survive while poor to making poverty a thing of the past.

It was truly a wonderful evening, enjoyed by hundreds of people who work and support the nonprofit community in the Washington region.  Congratulations to the Meyer Foundation for this memorable event, as well as for Meyer’s wisdom in supporting visionary non-profit leadership in the D.C. region. 

Photos from this year’s Servant of Justice Awards Dinner have just been posted on our website – check them out here.

 2010 Honorees
Vernon E. Jordan, Jr., Florence Wagman Roisman,
Kristi Matthews and Randall Brater

Now that the District has concluded its budget deliberations, the campaigns for Mayor, Council Chair and Council Members will begin in earnest.   The candidates have already started to appear at Metro stops, neighborhood events and on the doorsteps of voters.   They will be talking up their respective abilities to address the District’s budget woes.

 Serious poverty reduction has not been a campaign issue in many years.   As we have seen from the last several budget cycles, there are no political consequences when the Mayor or Council cuts programs to support people living in poverty.  The press applauds reductions to the safety-net as “financial responsibility.”

 Defeat Poverty DC has been launched to change that dynamic.   It is a grass roots effort to get every candidate to state with particularity on the record what she or he will do to help reduce or eliminate poverty.  To become involved, go to:  http://defeatpovertydc.org/

 If you attend a candidate forum or meet a candidate on a street corner, ask them what they will do to defeat poverty or put a placard in your window.   Imagine the impact that it will have on the policies of a candidate if she or he sees this sign in the windows of prospective voters:

To get a printer friendly copy of the window placard, CLICK HERE.  

On June 1, 2009, Legal Aid launched this blog. It was our goal to raise issues related to equal justice, promote public policy changes that improved the lives of people living in poverty and to keep in better touch with our supporters and friends.

We have posted 149 entries over the last year. Many have discussed cases or projects; others have urged action to bring about changes in agencies, the courts or the law or focused on general access to justice issues. The blog had more than 9700 visits over the last year and 178 people subscribe to receive our posts through e-mail.

As we pass this anniversary, we ask for your help. Please let us know what you think. Your views are important to us, so some constructive feedback on how we are doing would be greatly appreciated. You can post a comment on the blog or email Sandra Read-Brown at sread-brown@legalaiddc.org. Thank you for reading Makingjusticereal.org.

By Daniel Z. Herbst, Reed Smith LLP

This year marks my first as a Co-Chair for the Generous Associates Campaign.  I initially became involved in the Campaign more than four years ago when a departing colleague asked me to take over as Reed Smith’s Generous Associates Campaign firm coordinator.  During that first Campaign, I learned the importance of the Co-Chairs.  Faced with the daunting task of nagging my colleagues and bosses to donate money, my assigned Co-Chair provided the moral support I needed.  He reminded me of the critical importance of Legal Aid in making justice real for those who most need it in the Washington community.  Also, he helped brainstorm new ideas for fundraising and provided useful talking points to appeal to my colleagues. 

Aided by the enthusiasm of my Co-Chair and the generosity and support of my Reed Smith colleagues, I went door-to-door in my office and pleaded for contributions.  I implemented new fundraising ideas, like “Jeans Days for Justice” (office members may wear jeans on casual Friday for a small contribution to the Campaign), creative partner and firm matches, and more visibility for the Campaign around the office (colored flyers for the office doors of Campaign contributors).  The support of my Co-Chair helped re-invigorate Reed Smith’s Campaign efforts.  We increased our contributions significantly from previous years, and have become a leader in our firm category each subsequent Campaign. 

I was honored to be invited to join as a Co-Chair for this year’s Campaign.  Participating in the Campaign over the past four years has been extremely gratifying. In reminding us that there is a long way to go before achieving equal justice, the Campaign and its coordinators push us to be better citizens and lawyers.  I hope to bring the same enthusiasm to my duties as Co-Chair as I did to my years as a firm coordinator and to help firm coordinators achieve their goals.  Having been a coordinator, I know fundraising can be difficult, but as we learn every year, our colleagues are inherently generous.  

Daniel Z. Herbst is an Associate at the law firm of Reed Smith LLP and serves as a Co-Chair of the 2010 Generous Associates Campaign.

The District of Columbia Council will be voting today on the Fiscal Year 2011 budget.   Many safety-net and social services programs are facing cuts and the prospect that the members will raise taxes is small.   Local rental supplement, Interim Disability Assistance, adult education and a host of other programs will be underfunded.  It is not too late to send a final email if you want to express your views.    Contact information for Council Members is below.

For a detailed review of what is at stake, go to:  http://www.dcfpi.org/category/blog.   You can watch the Council meeting, which begins at 10 at:  http://www.dccouncil.washington.dc.us/watchhearinglive.

By Kavitha J. Babu and Joanna K. Giasafakis, Arent Fox LLP

Legal Aid’s Generous Associates Campaign started 21 years ago, led by associates, as a fundraising effort to counter the “Greedy Associates” phenomenon that was gaining momentum in the late 1980s and early 1990s.  Since then, the Campaign has grown exponentially and makes up nearly 25% of Legal Aid’s annual budget, reaching a high of $780,000 in 2008. 

Throughout its history, the Campaign has stayed true to its name and has been run by associates from local Washington, D.C. law firms.  The Campaign primarily targets associates and, while associates make up an overwhelming majority of the donors, partner participation has increased dramatically over the last several years.  The involvement of partners has played a major role in the Campaign’s growing success in recent years.  On average, gifts from partners are more than twice the associate average.  If you have not considered approaching partners to donate to the Campaign before, we encourage you to tap into this potential resource this year.

At Arent Fox, we have found that a few strategies have been successful in garnering partners’ support.  First, and this may seem obvious, approach the partners with whom you work.  This is not much different from how we approach associates—we go to the people we know and with whom we spend the most time at work.  Also, consider talking to your firm’s pro bono coordinator about partners to approach.  If possible, send similar firm-wide emails or other correspondence about the Campaign to partners that you send to associates.  And what has been particularly effective at Arent Fox is enlisting the help of a partner or two (especially partners who were involved in the Campaign when they were associates) and asking them to reach out to other partners on behalf of you and the Campaign.  Just like associates, once a partner has been introduced to the great impact the Campaign has, they are excited to participate and more likely to continue to participate year after year.

The Campaign’s heart will always be the generous associates of Washington, D.C., but we would be remiss if we did not acknowledge the great impact the generosity of the city’s partners also has on the Campaign’s success.

Kavitha J. Babu and Joanna K. Giasafakis are Associates at the law firm of Arent Fox LLP and serves as Co-Chairs of the 2010 Generous Associates Campaign.