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The Drum Major

     
PLAN Home Drum Major Table of Contents MLK Internship Program
     
 

Sheldon A. Smith
North Penn Legal Services
Bethlehem, Pennsylvania

 

 

"BLESSED TO SERVE"

For the time he spent helping other people, Rev. Martin Luther King, Jr. wished only to be remembered as a "drum major for justice." Charles Hamilton Houston believed that "a lawyer is either a social engineer or a parasite on society." Both concepts convey the image of a passionate and concerned individual that does what they can (and beyond) to serve others.

A colleague from another law school told me that she heard someone say that "the law is not a way to change the world." My experience at North Penn Legal Services (NPLS) has shown me that the person who made that comment could not have been more incorrect. Obviously the law affects everyone, however its effects can bring substantially more severe consequences for the less fortunate in our society. For example, this summer I attended what was supposed to be a public housing eviction hearing for an elderly woman. She received an eviction notice after her visiting teenage grandson was arrested and charged with a drugs offense. In Dep’t. of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002) the Supreme Court held that a person could be evicted from public housing if a house guest was involved in drug-related criminal activity regardless of whether the tenant knew or had reason to know of this activity and whether it took place on the premises. The grandson had taken the car keys without permission and was caught with drugs while out driving. If evicted, this elderly woman would lose her housing voucher and be unable to get new public housing for three years. I had no prior knowledge of this law and was appalled at its existence. Thankfully, the zealous NPLS attorney on the case was able to negotiate and secure a forty-five day move-out period in lieu of an eviction. She "changed the world" for that elderly woman.

I primarily worked with the advocates on employment and child custody cases. I am grateful to the advocates in my office who allowed me to accompany them to multiple administrative hearings and custody conferences. By observing them, I learned more about what it means to be an effective representative for my client. An advocate must have his client’s trust and respect, and unfortunately legal aid attorneys do not always receive this from their clients.

I received a lesson in earning trust and respect when I represented a nurse’s aide in an unemployment compensation hearing. My client was accused of willful misconduct and fired from her job at the hospital. She was denied unemployment benefits and was very concerned that she would not be able to provide for her three children. Her husband was not working. Whenever I met to speak with her about the case she expressed emotions such as fear and worry not only about the case but about me as her representative. In our first meeting she asked me, "Why didn’t I get a real lawyer?" I reassured her that I was being supervised by a licensed attorney and was confident I could help her win the case, however I doubt that my reassurance convinced her that I could be of any help. As I prepared my case I called the client every day to discuss the facts and my arguments. Despite the language barrier (her husband had to translate from her native Slovak), I listened attentively to her concerns then I gave my opinion of her case based on legal research. My opinions were not always favorable to her case but it was where the law led me.

Over time I felt that she became more confident in my ability to assess her case and represent her effectively. We completed the hearing despite a hostile administrative law judge. Afterwards, the look in my client’s eyes was much different from that first time we sat down to discuss her case. She was smiling as she shook my hand and repeatedly said "thank you." I felt wonderful to have been able to help her. Two days later the judge’s decision arrived in the mail with a favorable ruling for my client. I was thrilled. This was my most memorable experience at North Penn Legal Services because I saw first-hand the impact that legal aid offices across the country can have on people’s lives and on our society. Essentially, if there were not attorneys willing to step up and do this work, most laws would only protect the affluent, and second-class citizenship would be the accepted norm.

This internship gave me detailed exposure to what legal aid attorneys do every day. They lead the march against injustice and inequality every day that they report to work. I believe that is what Rev. King’s work represents. I also received a lesson in Charles H. Houston’s concept of social engineering. If some lawyers are "parasites on society," then the advocates at NPLS are the doctors that treat society’s ills and wounds. I feel very blessed to have been a Martin Luther King, Jr. intern at North Penn Legal Services.

 

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