Berto Aguayo’s Post

I write my fifth and final #EJAFellowUpdate as I wrap up the summer at Philadelphia Legal Assistance and return to law school this week. Having completed one year of law school and one summer in the practice realm, my return has prompted me to think about the ways in which I have experienced the connections and disconnections between legal education and public interest practice. As many will tell you, the first year of law school is daunting. Sleepless nights are accompanied by classes that encourage us to seek prestige and craft arguments based mostly on what has been said or done before. It is difficult to envision (or even have the time for) a more just world when the justice system primarily asks its students to answer, “how can we stay the same?” and its students respond, “how am I going to make it through the week?” Law school has its perks, though, and my summer at Philadelphia Legal Assistance helped me return to the reason why I came. Through working to help people obtain or preserve their homes, I got to see how firsthand how the law can change someone’s situation for the better—irrespective of any amount they paid to do so. More broadly, I got to immerse myself into the huge and growing field of public interest lawyers who, even in the midst of a widely inaccessible and unjust legal system, possess some semblance of an underlying belief that the law can and should be wielded non-traditionally; that is, not according to market principles and not in a way that emphasizes the kind of precedent-based stagnation we learn in school. Legal education may not translate perfectly to legal practice for any attorney, but I think its perks are grounded in a similar collectivism that I experienced as a public interest legal intern this summer. I am excited to learn, laugh, and build community this year alongside brilliant people who are not focused on prestige or competition, but on their own happiness and wellbeing, or the wellbeing of others. I am so grateful to have spent the summer working with Philadelphia Legal Assistance. So grateful, in fact, that I will be continuing as an extern in the consumer housing unit this fall! I am appreciative of funding from Equal Justice America and for the work that they do to make public interest experiences more accessible. If you are interested in contributing to Equal Justice America's efforts to support public interest law students like myself, please feel free to donate at this link:

How do you meet the needs of small and large firm members? How do you work alongside your state or national association to benefit your members, and remain distinct and relevant to members? In this episode of Associations Thrive, host Joanna Pineda interviews Julie Kresge, Executive Director of the Erie County Bar Association (ECBA). Julie discusses: ⚖️ How the Erie County Bar Association promotes the rule of law, does a lot of good in the community, and creates a vibrant community of attorneys. 👩🎓 How the Bar Foundation raises money for law school scholarships and education support for homeless students. 📓 The Bar’s new strategic plan, which lays out 34 recommendations for improving the association. 🤝 The Bar’s new, non-attorney membership type that is meant to expand membership and support all the legal staff at law firms. 📰 The Bar’s weekly journal, which reports on all legal activities in the community. This journal is a HUGE member benefit and revenue generator. 📅 The Bar’s signature events: Law Day and the Bench Bar Conference. ⚖️ How lawyers are in high demand in Erie County right now. Find Associations Thrive on all the major podcast networks. Listen now: https://bit.ly/3MRgvfW #associations #membership #associationgovernance #associationsthrive #podcast

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Time for another EJA Fellow update! I can’t believe how quickly this summer has flown by and that I only have three more weeks at The Legal Aid Society Aid Society. The past few weeks have been especially busy. I have been doing a lot of research on interesting procedural issues related to a complicated class action case. The suit is being brought on behalf of people with serious mental illness who are held in prison past their release date because the state fails to provide proper community-based housing, as required by law. Working on this case and getting to observe team meetings has taught me a lot about the many difficulties of litigating class action suits today. In short, heightened standards have made it harder to receive class certification because there must be both a common question of law AND a common answer for each member of the proposed class. Though this was a topic we covered in civil procedure during my first year of law school, it is another experience entirely to watch it play out in ongoing litigation. I have gained what feels like truly invaluable knowledge of class action and discovery strategies these past few weeks. I am continually impressed with the dedication and creativity that the PRP and Strategic Litigation Units bring to their casework. I feel very lucky to have this opportunity to learn from such tireless advocates who leave no stone unturned when pursuing justice for our clients. And, this is all about just one of the many cases the team works on! If you would like to help public interest students gain incredible experiences like these, please consider donating to Equal Justice America at the link below! https://lnkd.in/g5a-rE2W Equal Justice America, Loyola Law School, Los Angeles, #EJAFellowUpdate

My Antidote to Lawyer Jokes 🎓💼 These past few weeks have been brimming with #StrongCommunity, a fundamental pillar of ADVOS. Amidst numerous meaningful moments, one, in particular, stood out, serving as a powerful reminder of the reason for my life's work. A few weeks back, I had the privilege of witnessing the swearing-in ceremony of an intern we welcomed to the ADVOS family during his college days, Cole Poppell. This poignant event, officiated by one of my dearest friends at the US District Court for the Middle District of Florida, proved far more moving than I could have expected. To my fellow lawyers, if you haven’t attended a swearing-in recently, I strongly encourage it; or dust off the oath and take a read. Despite being the subject of jokes more frequently than any of us would prefer, the experience was incredibly inspiring, serving as a powerful reminder of the oath we made — to “truth and honor” and “fairness, integrity, and civility.” Acknowledging the shortcomings evident in our daily lives and the news cycle, it was refreshing and reinvigorating to be reminded of the good done by members of our profession. Fun Fact: Florida was the first of 9 states to require members to report pro bono hours, tracking only service hours (and financial contributions) to legal aid organizations and handling cases pro bono. Between July 1, 2022 - June 30, 2023, Florida Bar members donated more than 1.5 million hours of pro bono service. This doesn't account for the countless hours devoted to not-for-profits, volunteerism, community service, or board participation. I can't say enough about the people I know serving our community as judges, generally not on social media for obvious reasons, committed to the profession and upholding justice, sometimes at the risk of their own personal safety. And big shout out to Cole Poppell - the profession is lucky to have you! Who are the lawyers you know who exemplify all the best of our profession? #LegalExcellence #LegalProfession #legalservice #probono #communityservice

@Equal Justice America : Week 3 Update! This past week has afforded me new opportunities to learn about how to communicate as a (student) attorney, with the best interests of my client held to the forefront. For instance: One of my clients has been locked out of his apartment for 3 weeks, since he lost his key. Instead of management providing a new lock or key to my client, he has had to sometimes leave his door unlocked, or pay $5 to have his door unlocked if he wants to lock it behind him and leave his home. Knowing the other harassment that my client has endured, and how unsafe I have felt in my own home when it comes to privacy and safety concerns, I really wanted to just call his apartment’s management team, and demand that they fix this issue, and more personally, express my anger towards them. But, I was instead directed by my supervising attorney to send a letter to management and the opposing counsel who works for the apartment building. Another example:  We are doing motion practice for a nuisance holdover case, and one of the nuisances alleged against my client has been completely falsified - based on video evidence that my client provided to me. I know that if we could present this video to the court, we would more easily be able to dismiss the case. But, based on procedural standards and the plan set by my supervising attorney, we won’t be using that video. Each of these examples have shown me how important it is to be able to wisely wield the law, and to have a full skillset, so that you can use strategy to assist your clients, as opposed to ‘brute force’, for lack of a better phrase. Sometimes this feels frustrating, especially when I consider all of what my clients are suffering through, and that I want to be able to provide relief more immediately. But, I know that this casework is an opportunity to continue honing my skills so that I can communicate and make procedural strategies that serve the same purpose as say, making an angry phone call to building management. (Note: I have a terrible poker face, and am terrible at hiding my tone when aggravated. I want to work on this too.) @Lincoln Square Legal Services Inc. with @Fordham University School of Law https://lnkd.in/eSkECrY4 

Equal Justice America : Week 2 Update! The past couple of weeks with my legal aid clinic have actually been a bit slower - which, I’m realizing how much our work can ebb and flow. It feels nice to have caught some sort of rhythm, knowing that I won’t have to be ‘on’ everyday, and that in the midst of longer and harder days, there will also be times where the workload is much lighter. This makes me feel more comfortable with having chosen to be an attorney, knowing that I will be able to manage my larger workload, so long as I continue my practice of being prepared, and developing meal and rest plans into my routine. Now, we are preparing motion practice for a housing court case in a few weeks and doing preliminary research to get our drafting process started, for a motion to dismiss and a motion for summary judgment. After we complete our research, we (the student attorneys and research assistants) will draft portions of our motions. I find that although it can be daunting to consider that whether we do a good job or not affects whether someone can maintain their housing, it is okay to relax knowing that my supervising attorney’s will make sure that our work is effective, and that I have time to hone my skills and practice at these things before I have my own license to practice. On that note, I’m very glad that I can take on both a position that is somewhat lower stakes, where I share the responsibility to my clients with other employees who are more experienced than myself, and that I can have this time to gain my own experience. Lincoln Square Legal Services Inc. with Fordham University School of Law https://lnkd.in/eSkECrY4

Top 5 Post-National Asian Pacific American Bar Association Convention things to do. Feel free to add your favorites in the comments below. Here’s mine in no particular order: 1. Text/email every new contact you made at NAPABA23 and share something memorable you experienced in Indy. 2. Put the dates for NAPABA24 on your calendar right now. If you need a reminder, its Thursday, November 7 to 10, 2024 (ends Sunday) in Seattle, WA. Note that some of us arrive Wednesday. 3. Thank your firm/company/organization for their generosity in sending you to Indy, as well as sponsoring the event, and let them know at least 5 new client contacts you made (if you’re in a firm), or at least 3 new legal issues/risks you learned to watch for (if you’re in-house or otherwise). 4. Let 3 friends who didn’t attend NAPABA23 know that they missed a great time, attach a favorite pic or video, and tell them that you expect to see him/her in Seattle for NAPABA24. 5. Join a NAPABA committee, donate and join the NAPABA Law Foundation (NLF) Vanguards, and take a leadership position in your own local APABA - click to join the NLF Vanguards - https://lnkd.in/gnfu9x_5 #napaba23 #napaba #takeaways #morethingstodo #freeadvice #napaba24

A few days ago, I asked the question: How and why would one start a nonprofit law firm? As to why - a nonprofit law firm has a sense of mission, serves the public interest, and improves access to justice. It may provide law school debt relief for its employees, and it certainly creates an opportunity to do good and do well. This book - link below - can further help you answer the "why" and also the "how" of starting a nonprofit law firm.

My students seem to struggle with the basic question: What is a story? Simply put, a story is the telling of events that occur to an individual or a group of people. My students' initial ideas often revolve around story arenas, which might constitute an interesting setting (or perhaps not so interesting) and the characters. Students often submit story arena ideas like these: It's about a group of guys living in a house together, trying to navigate college, and they have an old neighbor. Or, This small-town recent law school graduate lives in a really cool apartment in the city and she meets some interesting people from other countries. These are painfully close to real ideas that were submitted to me. These ideas primarily focus on settings, which are essentially arenas. There's typically no sense of the characters' desires, goals, or the obstacles they are up against. When we take these story arenas and transform them into a story, it looks like this: A group of typical college guys, more interested in partying than school, befriend the elderly lady next door. They discover she's going to lose her house, so the guys raise money to save her house. A newly hired law school graduate learns about her immigrant neighbors' need for legal aid to fight against her own firm's biggest client. In a story, the narration centers on events happening to individuals or groups, where the characters have a purpose, a mission, and clear goals.