Santa Clara University

Law Briefs

Law Center Success Stories

Law students working at the Katharine and George Alexander Community Law Center continue to fight for the rights of those in the local community. “Not only do the many clients of the law center benefit from the free legal representation, but the law students gain valuable legal skills under the close supervision of the supervising attorneys,” says Cynthia Mertens, executive director of the law center. “Students’ exposure to problems faced by the underrepresented help them become much more compassionate and conscientious attorneys, qualities that they will incorporate into their future law practices,” she adds. Here are some highlights of recent success at the law center. For more information on the law center, see www.scu.edu/law/kgaclc. [Names of clients have been changed to preserve anonymity.]

Consumer Rights

Elizabeth Pianca delivers the settlement check to Mr. J.

Then students now law graduates, Molly Ryan, Steve Kahn, and Patrick Moss, and third-year law student Elizabeth Pianca recently achieved a favorable settlement for their clients, Mr. J. and his father-in-law, Mr. S., two Spanish-speaking immigrants who were deceived by a local car dealership. The dealership had induced these recent immigrant consumers into signing a contract to pay over $72,000 for a used pickup truck. The contract also required the consumers to pay $500 for an insurance policy that was never issued to them.

Shortly after the contract was signed, Molly Ryan wrote a demand letter to the dealership. The letter motivated the dealership to enter into negotiations via its insurance carrier. Steve Kahn reached a settlement with the insurance company in the amount of $10,868.17. The insurance company then backed out of the settlement, claiming the adjuster lacked authority. Patrick Moss drafted a complaint, filed suit, and handled all the discovery in the case. Elizabeth Pianca then negotiated the final settlement in favor of the clients for $25,000.

Immigration Rights

Third-year law student Hallie Aaron recently performed groundbreaking work on behalf of a victim of trafficking. Ms. E. was 17 years old when she and a younger brother were trafficked into the United States with promises that they could go to school and learn English. Instead, her traffickers put her to work in their home. Among many other tasks, she had to cook, clean, wash clothes, and care for children approximately 20 hours a day. She was not paid and was threatened and beaten when she did not perform the work to her traffickers’ satisfaction. Her traffickers held her passport. She and her brother were often prohibited from leaving the house and were occasionally denied food. She was totally unfamiliar with the United States and was completely unaware that any services were available to her. With the help of Aaron and other law center students, Ms. E. applied for a T-visa as a victim of trafficking. Immigration approved her petition and granted her work authorization. She is now eligible for services and benefits through the Department of Health and Human Services.

Workers’ Compensation

Third-year law student Rowena Joseph, J.D./MBA student Dallas Dolen, and then-students now law graduates Ben Williams and Jaci Mankins successfully settled a workers’ compensation case on behalf of their client, Mr. M. Their client developed asthma during his 14 years’ employment as a gold plater. When he asked his boss for either time off to take care of his health or for a change in his work site, his employer refused. To protect his health, Mr. M. decided not to return to work. When he came to seek help at the law center in October 2002, he had been without a job or benefits for four months.

Ben Williams filed for workers’ compensation benefits. The employer’s insurance carrier refused to accept that Mr. M.’s disability was work-related until having him evaluated by a physician of its choosing. The doctor found that Mr. M. did indeed suffer from occupational asthma, that he was in need of on-going medical treatment, and that he required a change of occupation.

Jaci Mankins spent a considerable amount of time trying to settle the case. Her efforts apparently paid off at a settlement conference, when a deal was finally reached. However, a month later, the insurance carrier refused to honor the settlement. The defense attorney confessed that she had acted without settlement authority.

In preparation for trial, Dallas Dolen had Mr. M. evaluated by another physician, one who had helped to develop the standards of disability pertaining to pulmonary disorders. He made a settlement demand that was rejected. Dolen then filed for a trial date. Rowena Joseph prepared petitions for sanctions against the defense attorney and for penalties against the insurance company. She appeared at a settlement conference and negotiated a $50,000 settlement. A workers’ compensation judge approved this settlement on Nov. 3, 2004.