Here is my second #EJAFellowUpdate for the Equal Justice America 2023 Fellowship:
I knew that becoming a lawyer would entail research, and a lot of it. At New York Law School (NYLS), 1Ls are required to take a year long “Legal Practice” course, which teaches us how to write memorandums and appellate briefs, as well as interview clients and engage in negotiations. To complete each of these assignments and activities, we were taught how to utilize secondary sources as touch stones for orienting yourself in a new area of law or legal issue, to dig deep into case law, and conduct preparatory work on understanding both your client and your adversary’s background, goals, strengths, and weaknesses. So, entering my summer internship at Mobilization for Justice (MFJ) and as a research assistant with NYLS Professor Britney Wilson, I knew that my ability to research various legal (and non-legal) issues would be paramount to productive, meaningful work. What I did not expect, however, was the power of wielding curiosity and creativity in your research.
After doing in-court intake with a client at MFJ, the first step is to understand their housing situation. We start by asking, “Is their unit rent regulated?” This question is integral to our ability to help these potential clients, since being in a rent stabilized or rent controlled apartment affords those tenants additional protections that other tenants in market rate apartments do not have. Sometimes we know immediately whether a client’s unit is rent regulated in some way. In other situations, we may have the opportunity to argue that the unit should be regulated. In that latter situation, we become investigators. Was the apartment built before 1974 and does it have 6 or more units? If it was built before 1974 but only has 5 units, are there additional illegal living spaces that could make it de facto rent stabilized? If it was built after 1974, did the building take a tax credit that rent stabilized the units? If the unit used to be regulated but the landlord claims it is not anymore, was it deregulated illegally? Essentially, how can we argue that it is or should be rent stabilized? These are just some of the questions that we ask ourselves during initial research, and each one of them carries with it a thinking process driven by curiosity to come up with creative ways to protect our client.
All this to say, when people think of the legal profession, they think about lawyer’s researching and then arguing. However, to win a case, we cannot underestimate the power of being a curious learner, as well as a creative researcher and strategist, because that very curiosity and creativity can prevent someone from being evicted, even if the odds were initially against you.
To help EJA support future law students working toward the goal of providing equal access to justice for all, you can donate here: https://lnkd.in/epFYRcrq
Trial Lawyer at Walkup Melodia Kelly & Schoenberger
2wThis is absolutely well deserved. Matt Davis is hands down one of the best lawyers around.