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The key to the success of The Law Offices of Kathleen T. Zellner & Associates in the wrongful conviction area of law is that the firm has an outstanding record of winning. If you are seeking legal assistance for yourself or a loved one, we encourage you to read through our FAQs and reach out to your local Network organization. The federal system, the District of Columbia, and nearly every state in the nation have some form of early release for incarcerated people when circumstances emerge that make continued imprisonment unjustifiable. Your living arrangements or other circumstances change in any way that may affect your household income or legal issue. New York: Prisoners' Legal Services of New York Prisoners' Rights Project of the Legal Aid Society Pro Bono Net Illinois: Illinois Legal Aid Online Illinois Institute for Community Law. From a practical perspective, acquiring expertise enables you to do your pro bono work more efficiently. At the end of the consultation, the attorney and individual may discuss possible representation and price structure. The names of all pending qualified applicants to be placed on the List will be available for public comment prior to publication of the List in January, April, July and October. While placing cases is usually the priority, dont be afraid to think creatively about how you can help low-income Texans when other commitments prevent you from taking a case. Kathleen Zellner's 21 innocent defendants Exonerated. more, Have you ever wished you could earn CLE credit for pro bono work? Each pro bono organization is there to help you. Our office is currently working hybrid, but this position will require working in the Austin office at present and into the future. Conclusion Legal questions are submitted online - all you need is an internet connection. For example, if you were in Houston, you could contact the Houston Volunteer Lawyers Program. Pro Bono Publico is Latin for "for the public good." The term is generally used to describe professional work taken on voluntarily and without payment as a public service. Pro bono attorneys provide free legal services to those who can't afford a lawyer. Unlawful arrests. Pro Bono Texas has a broad view of legal aid. more , What if you could type in a few details about your pro bono case and instantly get the perfectly formatted, accurate document you need? Police shootings. Kids in Need of Defense (New York) - Pro Bono Spotlight. There are fairly complicated rules on appealing a district courts judgment or order denying a habeas petition. Maynard Cooper & Gale, PC 1901 Sixth Ave N, Birmingham, AL 35203 https://www.maynardcooper.com Cynthia Lamar-Hart: 205.254.1038 clamar@maynardcooper.com Provides workshops and pro bono legal services for name and gender changes in Alabama. You will likely be required to answer various financial and other questions to ensure you qualify for a pro bono or volunteer lawyer. Help for people in special circumstances. 2244(b)(2)(B); or James Edwards was convicted of two murders as the result of a false confession. The facts must be compelling before you are going to convince any federal court to take an interest in the law, so focus on the facts of your case. Because federal courts are bound by federal statutes, they are required under AEDPA to be very strict and narrow in reviewing any claim you might raise in a habeas petition. Then click on Listserv. Please read our Privacy and Security Notice, Return to Office of Legal Access Programs Home Page. Volunteering with a legal aid organization is an easy way to do pro bono in Texas. 2244(d)(1)(D). Increasing access to justice for low-income Texans. One effort works to connect people on CARES Act Home Confinement with public defenders and pro bono attorneys who can help file compassionate release motions. The AEDPA created a new one-year limitation period for filing a 2254 petition. Where can I find a pro bono or volunteer lawyer? If you do decide to appeal the district courts decision, you can file a motion requesting appointment of counsel at the same time that you file a notice of appeal. Also, if they ask you to provide documents or information, the organization will expect you to follow through and let them know as soon as possible if you are unable to do so. The List is published quarterly (January, April, July, and October). /content/aba-cms-dotorg/en/groups/legal_services/flh-home/flh-free-legal-help. However, there are very limited exceptions to this rule. FEDERAL HABEAS CORPUS MANUAL FOR TEXAS PRISONERS (NORTHERN DISTRICT) . 2244(d)(1). 5. Pro Bono Texas is your one-stop hub for all things pro bono. Florida's criminal justice policies are inequitable and outdated, resulting in thousands of people swept into the criminal legal system and unnecessarily incarcerated. See 28 U.S.C. Under the Voluntary Standard and other pro bono policies adopted by SBM, pro bono service is defined as legal services (as opposed to general community service), provided for free or at a reduced fee (50 percent or below the current market value for similar legal services in your community . Boyd's conviction was vacated in 2013. PJL works to improve conditions in Texas prisons through litigation, advocacy, and by empowering our members. See 28 U.S.C. f) Lack of Counsel Please note that the Clearinghouse is only for those who have been federally charged, and cannot assist with state cases. The Afghan Asylum Workshop is an internal project of the Mithoff Pro Bono Program, hosted in partnership with the Texas Law Immigration Clinic. Lawyers have unique skills that make a real difference in the lives of low-income or disadvantaged Ohioans. You find legal services elsewhere (through another provider or attorney). In 1985, pursuant to Local Rule 83.35, the Court and the Federal Trial Bar launched the Pro Bono Program to address the growing need among parties of limited means who lacked the resources to retain private counsel . When going to a legal clinic, check with each organization ahead of time to make sure: Check TexasLawHelp'slegal clinics and eventspage to find a legal clinic. The process of the case, the outcomes, the . Zellner's firm obtained DNA testing that revealed he was innocent of these crimes. For a copy of the final rule in the Federal Register, click here. See OSullivan v. Boerckel, 526 U.S. 838 (1999). Read our cookies policies here. Please see the Legal Help Directoryto see if there are other organizations in your area that can help you find a pro bono or volunteer lawyer. Additionally, clients are often homeless children and adults, unemployed or low-wage workers, prisoners, or senior citizens. Mithoff Pro Bono Program. On September 5, 2015, Mr. Puccini's conviction for aggravated criminal sexual abuse was reversed and he was released from prison shortly thereafter. Below is a list of what each organization may expect from you. Top rated legal aid & pro bono lawyer Cristina Tijerina Sepulveda Zarka Law Firm | San Antonio, TX Rising Stars Results 1 to 1 out of 1 San Antonio, Texas lawyers in related practice areas Business & corporate Criminal defense Domestic violence Intellectual property Landlord & tenant Personal injury Find top lawyers with confidence If you are unable to afford an attorney to help you with a 2254, we strongly recommend you contact NPCP and discuss our rates and qualifying payment plans before attempting to proceed on your own. Capital Pro Bono Inc. 1860 Howe Avenue, Suite 130, Sacramento, CA 95825 916-551-2102 | www.capitalprobono.org contact person: Heather Tiffee | info@capitalprobono.org. We have years of professional and personal experience helping the mentally challenged and their families navigate the complicated and archaic mental health legal system in Georgia. The Illinois Second District Appellate Court reversed Casciaro's conviction for intimidation murder. They are not for sale. Join this site if you are an attorney, law student, or paralegal who is currently working on or are interested in taking on a pro bono representation of a prisoner, or if you are a full-time legal aid attorney representing inmates in state and federal prisons. . It also provides assurance that pro bono could be one of the most rewarding experiences of an attorneys life. If you are provided with a volunteer lawyer for your case, one way to do this is to write down questions you have about your case and schedule a call or meeting with your volunteer lawyer to discuss them, rather than calling your volunteer lawyer every time you think of a question. is a virtual legal advice clinic in which qualifying users post civil legal questions at no cost to be answered by pro bono attorneys licensed in their state. The program is a partnership between the Texas Access to Justice Commission, allten Texas law schools, and various legal aid providers across the state. In contrast, apro bono or volunteerlawyerhandles all or part of your case at no cost to you but is also not being paid for any of her time. The award was reduced to $8.1 million on appeal. First, in 1996 the United States Congress passed a law called the Anti-terrorism and Effective Death Penalty Act (AEDPA). 2244(b)(3). However, you must file within one year of the date that the facts could have been discovered with due diligence. See 28 U.S.C. For current providers, to request changes or updates to your current information or listing, please send an email to ProBono.List.Admin@usdoj.gov. Zellner's firm filed a civil rights lawsuit against certain police officers involved in the arrest and prosecution of Ferguson. (See local federal circuit Rules). Lawyers' Committee for Civil Rights 131 Steuart Street, Suite 400, San Francisco, CA 94105 415-543-9444 | www.lccr.com contact person: Elica Vafaie | volunteer@lccsf.org 7. Thankfully, each year, many Michigan attorneys do both. In your request for appointment of counsel, you might want to emphasize the procedural complexities of habeas proceedings, your limited access to legal materials, your limited access to the trial and appellate records in your state case, or your inability to conduct factual investigation from prison. Imprisoning an innocent person leaves the real perpetrator free to commit more crimes. It does not mean that the defendant necessarily goes free. See 28 U.S.C. Newly discovered evidence of innocence is a ground for relief in Texas post-conviction habeas corpus litigation. Zellner's appeal argued that the state had failed to prove the elements of intimidation and that none of the forensic evidence matched the state's theory as presented to the jury in Casciaro's second trial, and the Appellate Court agreed. 2018. Basically, the exhaustion rule means that the state courts must have had the opportunity to consider both the factual and legal bases for a claim before a federal court will consider it in a 2254 proceeding. Not for sale. This article can tell you what a pro bono lawyer is, where to find one, and how to best work with a pro bono lawyer. You will have to show that the state procedural rule used to deny you relief was new and unexpected or inconsistently applied by the state courts. We have expertise in litigating civil rights cases involving all forms of misconduct and fraud by police and prosecutors, including: Wrongful convictions. ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. Notre Dame Law Schools Exoneration Justice Clinic is committed to correcting the miscarriage of justice and investigating, litigating, and overturning wrongful convictions. UT Home; ABA Required . Contact us today. Whichever date is later. If you will be unable to make an appointment or phone call, notify the people involved as soon as you know you will not make it. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. This testing led to Nash's exoneration in 2012. We are looking for individuals sentenced prior to January 2019 serving: 924 (c) stacking: A mandatory minimum gun sentence of at least 25 years for a conviction under 18 U.S.C. See 28 U.S.C. How and Where to File a 2254 Petition The Executive Office for Immigration Review (EOIR), Office of Policy, Office of Legal Access Programs (OLAP) administers the List of Pro Bono Legal Service Providers or the List." Federal Litigation Video Training Tips Series See this new series of practical trainings for pro bono attorneys, produced by the Illinois Institute for Community Law, in conjunction with IllinoisLegalAid.org and the law firm of Mayer Brown Rowe & Maw. American Bar Association Pro Bono Texas has a broad view of legal aid. There are also strict rules which govern the filing of a second, or successive, 2254 petition. What to Say in Your 2254 Petition Click here to learn more and register. . See Beard v. Kindler, 130 S. Ct. 612 (2009); Lee v. Kemna, 534 U.S. 362 (2002). Between the time you are arrested and your bail hearing, tell every one you talk to that you would like a public defender or pro bono attorney appointed to you. 2014 Texas Access to Justice Commission. FORMS AND RULES FOR 11.07 POST-CONVICTION RELIEF, PRACTICE AND PROCEDURE FOR 11.07 WRITS (JANUARY 2019 UPDATE). Are you a lawyerinterested in providing pro bono legal services to survivors of Winter Storm Uri? It is important to understand that the federal courts are very reluctant to grant relief from state convictions. The Wrongful Conviction Unit was created to address the population of prisoners who have exhausted all possible avenues of defense and are still fighting for their freedom. 2. As of February 2014, attorney Kathleen T. Zellner has won the exoneration of 17 wrongfully imprisoned men. . Mr. Because entry to the site is limited to lawyers providing legal assistance to prisoners, it is important that you provide adequate information about your practice. In 2017, Texas Lawyer (ALM) named Manne . The convicting court, before the applicable filing date, may for good cause shown and after notice and an opportunity to be heard by the attorney representing the state grant one 90 day extension that begins on the filing date applicable to the petitioner. Please carefully read the instructions and follow them when completing the form. If you have questions that must be answered, seek the advice of an attorney who understands what you have been through and who can provide guidance on how to rectify this grave injustice. Your legal aid partner will make sure you have the support you need to succeed, and you can find mentors and resources here to help guide your way. 1 attorney answer Posted on Nov 11, 2009 There are various means to getting pro bono help for criminal cases in Texas. Zellner filed a civil rights suit for Young and the case settled after he was killed in a hit-and-run accident. Federal Post-Conviction Remedies for State Prisoners. Pro Bono Net is a national nonprofit organization. We are familiar with post-conviction proceedings under Tex. Everywhere and Nowhere: Compassionate Release in the States, is a comprehensive, state-by-state report on the early-release programs available to prisoners struggling with certain extraordinary circumstances, such as a terminal or age-related illness. Notify the volunteer organization immediately if: Communicate your needs to organization staff and volunteers as quickly as possible, understanding that the organizationmay notbe able to satisfy last-minute requests. Tell Your Lawmakers: Support Compassionate Release! Kevin Fox was imprisoned for eight months for the murder of his daughter, Riley Fox. TLSC provides free legal services to underserved Texans in need of education, advice, and representation. Your request to subscribe will be forwarded to the moderator for approval, and you will receive an email letting you know your request has been approved. Title 28 United States Code 2254 authorizes a state inmate to request relief from a federal district court when the inmates Constitutional rights have been violated by filing a petition for a writ of habeas corpus. Find out how you can assistTexans with their legal needs. Section 6 of the Preamble to the Texas Rules of Professional Conduct states that lawyers have an ethical obligation to do pro bono and that every lawyer, regardless of professional prominence or workload, should be doing pro bono. That is, a hearing will be made for bail. While nearly six million Texans qualify for legal aid, the Texas legal community only meets 20 percent of the need. Examples of inappropriate conduct include: You are expected to respect the time of your volunteer lawyer, who is donating valuable time to help you while also handlingmanyother matters. The analysis also reveals a troubling number of barriers faced by prisoners and their families when applying for early release. If there is another remedy still available to you, such as direct appeal or a post-conviction motion under state law, you may be wise to take that route. If you are a non-profit organization, pro bono referral service, or attorney in private practice and wish to be included on the List of Pro Bono Legal Service Providers, please refer to the eligibility requirements and application processes set forth at 8 C.F.R. See this new series of practical trainings for pro bono attorneys, produced by the Illinois Institute for Community Law, in conjunction with IllinoisLegalAid.org and the law firm of Mayer Brown Rowe & Maw. Cesar Munoz was convicted of the 1997 murder of his girlfriend, Magdaliz Rosario. ), Overview of the List of Pro Bono Legal Service Providers. The Texas Access to Justice Commission estimates that only 20% of people who qualify for civil legal services are able to get the legal help they need. One of the other benefits of volunteering with a legal aid provider is the opportunity to build a relationship with an organization and its client community over time, making the experience even richer. The Answer is No: Too Little Compassionate Release in US Federal Prisons, FAMM Some states do not require a petition, or motion, to the state supreme court in order to exhaust all potential issues. The Texas Access to Justice Commission does not provide legal representation or services. These videos created for the foster youth community explain what lawyers must do for their clients. No private attorney in the United States has successfully fought for the release of more wrongfully convicted individuals. 1. These cases most often involve employment and constitutional rights, including prisoners alleging excessive use of force by their custodians or by law enforcement officers effecting an arrest, employees claiming unlawful discrimination in the workplace, and citizens alleging improper use of government power. For a copy of the full List of Pro Bono Legal Service Providers, please click here. Please understand that the Lawyer Referral Information Service is not a pro bono or reduced-fee program It is very hard to obtain federal habeas relief from a state conviction. Helpful Links. #608 Dallas, TX 75202 Criminal, Civil Rights, Employment and Immigration If you cannot find legal aid and pro bono services in your area or do not qualify for their services, you may consider Dallas Private Practice Criminal Lawyers. We address the needs of prisoners in Texas, challenge institutions of punishment and hold them accountable for their actions, and serve as a voice for prisoners and the communities most affected by the criminal justice system. You should understand that the AEDPA was specifically designed to limit the authority of federal courts to grant habeas relief to state inmates. 841 where prior convictions were used to increase the 10-year mandatory minimum. Baltimore Police Department - Obtained an $8 million settlement for the family of a man who was wrongfully convicted and imprisoned for nearly 18 years for a murder he did not commit as a result of misconduct by a detective and forensic analyst within the Baltimore Police Department. For a list of providers that appear at a specific immigration court, please click the relevant state/territory on the map or list below. You get a job, change jobs, or lose your job. Providers with a pending application or currently on the List must notify OLAP, in writing, within 10 business days, if the providers contact information has changed, if any specific limitations on providing pro bono legal services have changed, or if the provider is no longer eligible to appear on the List. constitutional law clearly established by the U.S. Supreme Court; and the federal constitutional error had substantial and injurious effect or influence in determining the outcome of the state court proceeding [this is also called an actual prejudice standard]. Reg. Derrell Fulton was convicted of a brutal 1994 rape and murder in the Englewood neighborhood of Chicago. At FAMM, we believe prisoners should be released when they are too debilitated to commit further crimes, too compromised to benefit from rehabilitation, or too impaired to be aware of punishment. Join the site and access all of the resources in the Library, including sample motions, affidavits, and more. Many of the law schools have clinics that can help with those that are indigent. Washington Area Lawyers for the Arts' G. Hamilton Loeb Award for Pro Bono Excellence. . The remedy is neither an independent civil action nor a postsentencing phase of the original criminal case; instead it is a criminal proceeding separate from the criminal case resulting in the conviction. 2019. Information about the law or tools to help solve simple legal problems. The work will include legal research, case advice, amicus briefing, and occasional prison visits. FAMM works on compassionate release by providing in-depth information about compassionate release laws and practice in the District of Columbia, states, and the federal system. 2254(d); Carey v. Musladin, 549 U.S. 70(2006); Williams v. Taylor, 529 U.S. 362 (2000).). Public Justice Center's Outstanding Partner Award. NPCP specializes in keeping up with all current changes in federal and state law and we are here to help. To be safe, you should include all the constitutional claims you want to raise in your first 2254 petition, because you almost certainly wont have a chance to raise them at a later time. Click on "join this area" on the left-hand navigation bar. The lawsuit was set for trial in 2015 but the defendants filed an interlocutory appeal, which is pending,after they lost the motion for summary judgment. The Compassionate Release Clearinghouse is a joint effort of FAMM, the Washington Lawyers Committee (WLC) and the National Association of Criminal Defense Lawyers (NACDL). Compare Coleman v. Thompson, 501 U.S. 722 (1991) with Holland v. Florida, 130 S. Ct. 2449 (2010). As the petitioner in a federal habeas case, you will have to rebut (disprove) this presumption by clear and convincing evidence. What do pro bono organizations expect from you? Donald F. Mela (1997Alexandria) The late advocate spent close to a decade assisting the pro bono efforts of the Alexandria Bar Association and LSNV. Digital strategy, design, and development byFour Kitchens. Sentencing Commission should preserve judicial discretion because they cannot foresee every extraordinary and compelling circumstance that might arise and justify an early release. The Commission works in tandem with these Access to Justice Partners to ensure access to justice for all. 1003.61 et seq. This area supports lawyers who are providing legal assistance to prisoners (convicts and pre-trial detainees) with respect to the conditions of their confinement or their treatment by prison personnel. The date of finality for state convictions is usually complex and is based on a number of factors. You will find pro se 2254 petitions, a petition for waiver of costs, a pro se form for a motion requesting appointment of counsel, and the statutes and rules governing 2254 petitions, on the district court's website for your area. In other words, if your lawyer does not do a good job in your 2254 case, you will ordinarily not be entitled to another 2254 proceeding. Click here. There is no other law firm in the Chicago area that combines successful criminal defense trial work with civil rights advocacy. (80 Fed. General Limitations on Federal Habeas Relief We advocate for improved programs and assist stakeholders, policy advocates, affected families, and lawmakers interested in reforming compassionate release rules and performance. challenge state statutes or state case law, unless you think they violated a clearly established federal The U.S. The Cook County State's Attorney's Office Conviction Integrity Unit decided to drop charges after a lengthy investigation and Mims was released on October 27, 2016. Pro bono lawyers, volunteer lawyers, and legal aid lawyers are all professionals who may be able to help people with limited resources access the courts. Those who don't receive assistance from legal aid must either attempt to represent themselves or find an attorney who will take their case on a pro bono basis. The AEDPA created very strict barriers to state inmates attempts to gain relief under 2254, the federal habeas statute. If you or your loved one might fit these criteria, please reach out to us at, U.S. You have to file a notice of appeal and a docketing statement in the district court within 30 days of the denial of your habeas petition. constitutional right; or Rather, if the state court ruled on the merits of your claim (i.e., did not find waiver), then state court decision will stand, unless it is: 1) contrary to clearly established U.S. Supreme Court constitutional case law; or 2) an unreasonable application of such case law. If you do not meet these expectations,you might not be able to get assistance. Before you consider filing a 2254 petition, you should recognize that there are significant barriers to federal habeas relief for people with state convictions. Pro bono programs match low-income clients with volunteer lawyers, who agree to take their cases for free. Phone: (202) 822-6700, Compassionate Release in the First Step Act, Explained, Extraordinary and Compelling: The U.S. If you decide to file a pro se 2254 petition, you should do your best to answer all the questions on the pro se form. In 2010, Zellner convinced the Illinois Court of Appeals to order DNA testing of the ski mask worn by the perpetrator. Albany, New York 12207. These attorneys are vital in helping to provide access to the courts for our 5.7 million poor Texans. Texas Appleseed's office hours are from 9:00 am - 5:00 pm each weekday. After you submit your information, you should receive a short email letting you know that your application has been submitted. There are rare exceptions to this rule. FAMM works on compassionate release and provides assistance to stakeholders, lawmakers interested in improving compassionate release rules and performance. 1855, or probono@texasbar.com. Most legal aid organizations will take care of screening the client and the case, and they will match you with a volunteer opportunity that fits your needs and abilities. Furthermore, the newly discovered facts must be sufficient to establish by clear and convincing evidence that, if not for the alleged constitutional error, no reasonable fact finder would have found you guilty of the offense. What tips do you have for first-time volunteers? e) Petitioners Burdens Jackson Walker and its individual attorneys have received numerous accolades and awards over the years for pro bono service in the communities in which we live and work. Norton Rose Fulbright lawyers and staff provide assistance to charitable, nonprofit organizations, community development projects and legal service programs for the poor in the United States, the United Kingdom and internationally. 2244(d) does provide some very limited exceptions to this requirement. If the state courts held that you waived or forfeited your right to challenge certain alleged errors, you will have significant problems getting those claims heard in federal court. b) Successive Petitions For the most part, in order to exhaust a state claim, you must raise it on direct appeal, including an appeal to the State Court of Appeals and a petition for review (or the equivalent, depending on the state you are in) to the State Supreme Court. Boyd hired Zellner and she assisted the Cook County State's Attorney's Office in the re-investigation. At the Law Offices of Kathleen T. Zellner & Associates, we represent people whose civil rights have been violated in murder cases and other serious matters. These organizations specialize in matching pro bono lawyers with pro bono clients in their communities, and like the LSC organizations, have cases in a broad array of practice areas. There is not one system of compassionate release; instead, there are 52 variations on a theme. Fulton was released on November 20, 2017. The global full-service law firm has long counted the New Voices Foundation among its pro bono clients, but beginning in early 2022, Squire Patton began a conversation with the 501(c)3 nonprofit . Pro Bono Services Pro Bono Service Pro bono service offers free legal aid for people who cannot afford legal fees. You are expected to conduct yourself appropriately when interacting with staff and volunteers. You will find pro se 2254 petitions, a petition for waiver of costs, a pro se form for a motion requesting appointment of counsel, and the statutes and rules governing 2254 petitions, on the district courts website for your area. 727 East Dean Keeton St. Habeas Corpus. This article explains what to consider when hiring a lawyer. You can search for your state or local Bar Association online to see if they have a pro bono program. In general, a defendant is allowed only one federal habeas petition in a given case. Boyd successfully persuaded the Cook County Conviction Integrity Unit to re-examine his case. While online submission is strongly encouraged, applicants may also submit using Form EOIR-56. Corpus litigation the re-investigation Defense trial work with civil rights suit for and. Perpetrator free to commit pro bono lawyers for prisoners in texas crimes Englewood neighborhood of Chicago with the Access... 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Clear and convincing evidence expectations, you might not be able to get assistance mask worn by the.... Clinics that can help with those that are indigent ( 2010 ) Overview. Lawyers must do for their clients managed by Texas legal community only meets 20 percent of the.... Discretion because they can not foresee every extraordinary and compelling: the.! The U.S questions are submitted online - all you need is an easy to... Corpus MANUAL for Texas prisoners ( NORTHERN district ) attorneys do both of Ferguson to gain under. 'S firm obtained DNA testing that revealed he was innocent of these.! Office hours are from 9:00 am - 5:00 pm each weekday legal research, advice!

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