Desmarais LLP is committed to serving the community through pro bono representation. We partner with organizations such as the Veterans Consortium, Immigration Equality, Kids in Need of Defense (“KIND”), and the Southern District of New York Pro Se Clerk’s Office to represent individuals who do not have access to legal counsel.
Desmarais LLP’s flexible and innovative approach to time management encourages attorneys to take on pro bono matters. Because Desmarais LLP does not bill any of its clients by the hour, our attorneys can represent pro bono clients without worrying about the artificial distinction between billable work and non-billable work.
Attorneys and paralegals who make a substantial contribution to our pro bono efforts are recognized at a celebration at the end of the year as part of the firm’s Pro Bono Challenge. Pro bono matters have always been a substantial part of our Firm’s practice. All of our Pro Bono work can be found on our Firm website.
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Representative Matters
Disability Benefits Obtained for Veteran
Desmarais LLP obtained a pro bono victory on behalf of an honorably discharged veteran in a dispute with the US Department of Veterans Affairs (“VA”). The VA denied our client’s claim for disability connected to his service in the Army and Navy, which he appealed to the US Court of Appeals for Veterans Claims. The firm convinced the VA to reopen proceedings. As a result, the CAVC remanded our client’s claim back to the VA. We then convinced the Board of Veterans Appeals to grant service connection for our client’s hearing loss and tinnitus. We also successfully argued for attorneys’ fees under the Equal Access to Justice Act, which we donated to the Veterans Consortium Pro Bono Program.
Desmarais LLP Pro Bono Team recognized by KIND
KIND honored a Desmarais LLP team as the Pro Bono Team of the month for August 2023, highlighting their trial win that secured asylum for their client—a Salvadoran immigrant and her child.
In 2015, the family fled El Salvador after witnessing the murder of a family member and being subjected to numerous subsequent threats. Their initial asylum application, though, was denied by the asylum office in 2016. Following an over six-year administrative delay, the team represented the clients at trial in the U.S. Immigration Court. At the close of the trial, the government dropped all opposition the clients’ asylum application, at which point the judge granted asylum from the bench.
Desmarias LLP Team Halts Deportation of Ecuadorian Immigrant
Desmarais LLP represented a child who was abandoned by her mother in Ecuador and could not afford legal representation. She came to the U.S. to reunite with her father and was subject to deportation proceedings in immigration court in New York. After taking the case in April 2021, Desmarais LLP first secured a guardianship to allow the client to stay with her father, as well as an order of special finding in New York Family Court. Following those victories, Desmarais LLP won an order on April 26, 2023 in immigration court that fully stopped the removal proceedings and will allow the pro bono client to stay in the U.S. with her father going forward.
Asylum Secured for Victim of Persecution
Desmarais LLP secured asylum on behalf of a trans woman who suffered years of violent persecution in her country of origin. After missing the deadline to apply for asylum, she came to the firm for help. We represented her throughout the application process, which involved drafting a detailed personal statement, compiling evidence of persecution, and attending an in-person interview at the office of the United States Citizenship and Immigration Services. Our client can now live freely and safely in the United States.
Victory for Pro Bono Client in Business Dispute
Desmarais LLP won a summary judgment motion in the Southern District of New York in favor of a pro bono client who did not have the resources to secure representation. At the request of the Court, the firm represented the defendant in a lawsuit between two former business partners. After researching the plaintiff’s theories and conducting fact discovery from beginning to end, the firm convinced the Court that it did not have subject matter jurisdiction over the claims.
Settlement Secured in Prisoners’ Rights Litigation
Desmarais LLP secured a favorable settlement for a prisoner at the Fishkill Correctional Facility. The prisoner had sued three New York prison administrators, alleging violations of his Eighth Amendment rights after he was forced to wear the same clothes for over sixty days in a row. We began representing him following summary judgment and prepared for trial. After successfully reopening discovery, the firm favorably deposed two prison administrators. Shortly thereafter, the prison settled.
