This month, the Justice & Diversity Center is sharing a story from the Family Law Project concerning their client’s journey towards dissolving their marriage and establishing custody of their child.
Five days after son her was born, the client experienced an event that made her realize they had to separate from their ex-partner. Concerned for her son’s safety and unsure of her legal rights, the client reached out to several lawyers and was unable to find one within budget who would be able to help her.
Three months after initially reaching out to JDC’s Family Law Project in 2020, she was connected with FLP volunteer Breana Burgos at Hanson Bridgett LLP and her life was changed. The client learned that abuse came in many forms, and was able to process that they had experienced emotional abuse. Throughout that period of realization, the client became more aware of their legal rights and grew confident that their situation could be improved. Ultimately, her goal is to finalize her divorce and obtain full legal custody of her child.
The client’s expectations towards a pro bono attorney were initially low. She didn’t think that the attorney would stick with her case, and that if the case dragged on she would be on her own. However, Burgos was reliable, available, and someone she could count on. More than once, the client said that her attorney changed her life for the better.
The divorce process, she has learned, is slow. The opposing party was served a year ago, and since then has missed hearings, been generally unresponsive, and has delayed the process. The amount of chances given to the opposing party was more than they expected, and at a certain point she doubted her ability to continue. Through this whole process, her attorney has fought for her case and been a constant source of support.
Even if she had not found an attorney, the client stressed that they would have still pushed for a divorce and protected custody, no matter how long the process would take. However, the outcome may have been different. In our conversation, the client explained that as an immigrant she did not know what legal rights she had, explaining “it would have been 100 times more difficult, and I probably would still count on [the opposing party].” The legal system can be frustrating, and ultimately is a tool that needs to be navigated with knowledge and resilience. Without a clear understanding of the legal system, the client wasn’t sure what the truth was and was reliant on the opposing party to explain their rights. The client believes that without an attorney, she would find herself having to share custody and pay alimony, two things that would not be best for her and her child.
Speaking out to attorneys interested in volunteering with the Family Law Project, the client expressed that her attorney has learned a lot about family law in California through this case, but “it’s more about heart.” Her attorney changed her life for the better, and there are many people out there in worse situations whose lives also deserve changing.
Burgos was a new attorney when she took on this client, her first pro bono case. She was partnered with mentor Gary Dubrovsky, who helped her gain confidence and develop her skillset. It’s been great to see her client thrive and grow in confidence, and she herself has gained a lot of useful experience from being in court with her client and getting a restraining order as part of their client’s divorce process.
Burgos is currently working with this client on their custody case, and plans on taking more cases with JDC in the future. She is also a part of the 9th Circuit Pro Bono Pilot Project, and works with LGBTQ+ individuals seeking asylum. Domestic violence cases are close to her heart, and she encourages new attorneys without extensive experience to take on pro bono cases. “Attorneys are in a position of power, and their skillsets should be lent to those who do not understand the intricacies of the legal system,” Burgos explained and then continued, “as attorneys, we have an obligation to serve our communities and working with JDC is an excellent way to do that.” Pro Bono cases also don’t take up much time, and the reality is that “if something is important, you make time for it.”
Her client’s case is still ongoing, but the final hearing to finalize the divorce is coming up in less than a week and they are both expecting good news. The client had a divorce party earlier this year, but is looking forward to a smaller and more intimate celebration. When asked how they will feel once the judge grants her divorce, the client took a pause before saying “immensely relieved,” and then expanded, “I sort of got used to this situation, that I am married but not with this person. I think that I’ve been protecting myself physiologically too, to just not think about it. I don’t know how I am going to feel. I think that it will be like a weight I don’t have to carry anymore.”
If you would like to help others navigate the system and achieve life changing goals, volunteer with The Family Law Project. Get started by emailing us at probono@sfbar.org, or filling out an application.
