June 17, 2015 – Clients in need of public interest legal services want Milwaukee attorney Lisa Clay Foley on their side. When her clients are wronged, Foley battles to make it right, regardless of the opponent.

That’s why Foley (U.W. 1987), currently an attorney at Disability Rights Wisconsin, is receiving the 2014 Dan Tuchscherer Outstanding Public Interest Law Attorney Award, presented annually by the State Bar of Wisconsin’s Public Interest Law Section.

The award, which will be presented during the Member Recognition Celebration at the State Bar’s Annual Meeting and Conference next week, is given to those who demonstrate a lifetime commitment to working in the public interest.

For Foley, no fight is too big or too small. “In many cases, we are fighting for someone’s basic needs,” she said. “Or we are working to improve an entire system that is failing.”

In some cases, public interest lawyers are the Davids against Goliath. “It’s inevitable that we end up fighting against high-powered attorneys with high-powered clients,” said Foley, who began her career at Legal Action of Wisconsin in 1987. “We have very few resources to work with. But it just makes the victories that much sweeter.”

By “we,” Foley is referring to public interest lawyers in general, who represent clients with little or no money. For the last 28 years, Foley has worked in various areas of public interest law, forgoing a potentially lucrative career in health care administration.

In one memorable case in the 1990s, while an attorney for the Legal Aid Society of Milwaukee’s HIV Program, she fought against one of Wisconsin’s most powerful and emerging health care providers – with a correspondingly powerful law firm behind it – to assert the rights of HIV patients who were denied access to primary care physicians.

“The clinic was saying they didn’t have specialists for HIV patients, so they could not provide care. But my clients just needed primary care physicians, not specialists,” Foley remembered. “The provider was receiving federal money. It was illegal to discriminate against persons with HIV status.”

“We had a whole system saying we don’t have to treat certain people for primary care. That was wrong.” – Lisa Clay Foley

What did Foley do? “I called the clinic and told them they were violating the law.” The health care provider’s vice president called back and said they had to go elsewhere.

“I enlisted the Office for Civil Rights based in Chicago,” Foley recalled. “Their lawyer did HIV discrimination cases, and she was incensed. She set up a mediation right away.”

At the mediation, Foley and the civil rights attorney laid into the vice president and his high-powered lawyer, noting federal discrimination laws and penalties.

The health care provider caved. At Foley’s request, the clinic would serve Foley’s clients, send apology letters to them, and the provider would change its policies.

“This was a case I was very proud of,” Foley said. “We had a whole system saying we don’t have to treat certain people for primary care. That was wrong.”

A Life in Public Interest

Foley received an undergraduate degree in medical technology from Marquette University, and worked as a medical technologist for almost a decade.

During that time, she obtained a master’s degree in health care administration, and seemed destined for that path. But something changed. Health care systems began downsizing, and Foley’s prospects didn’t look as good. She opted for law school.

“Some of my family members said ‘you should go to law school, there’s a lot of legal stuff going on with health care and you might like it,” Foley recalled.

At U.W. Law School, childhood influences emerged. “I was drawn to public interest law,” she said. “I think it was because of my Irish Catholic upbringing. It was ingrained in us to serve others.” After graduation, Foley jumped into public interest law and didn’t look back. One of her early mentors was former State Bar President Jim Brennan.

“Jim was chief of staff at Legal Aid,” she said. “He was an invaluable mentor to me with his knowledge, his skills, and his ethical compass. I’ve been lucky to have all the opportunities I’ve had over the years, and to work with such great people.”

A Voice for Change

In her first job at Legal Action of Wisconsin, Foley helped seniors with Social Security and Medicare issues. Her training and education in health care helped her navigate a complex system. “A lot of issues have come up with health care providers. I worked in hospitals for nine years. I know the language. I know the system,” she said.

After several years, she moved to the Legal Aid Society and worked on HIV discrimination cases. “I really got immersed in the issues facing people with that illness.”

About three years later. Foley got a new assignment: representing children in abuse and neglect cases as a guardian ad litem. “I really got to see the issues facing kids in Milwaukee County who had been abused and neglected. The biggest take away from that experience was how the system itself was failing those kids.”

While representing the interests of children in children’s court, Foley was also named as “next friend” in a lawsuit against the county’s child welfare services agency, which identified some of the ways the system wasn’t working and demanded changes.

“Good changes were made as a result of that,” Foley said. “The idea was to break the cycle of abuse and neglect through services to kids and parents. But the services were failing them.”

After several years, Foley resumed work providing legal services to minority women living with HIV and promoted cultural competency at the Legal Aid Society.

Jim Brennan, chief staff attorney at Legal Aid from 1995 to 2007, said Foley was “an advocate who demonstrated compassion for clients and affirmed their dignity while maintaining the professionalism needed to secure justice.”

Foley was then recruited to Disability Rights Wisconsin, where she worked on issues of abuse and neglect for people with disabilities and institutionalizations.

She fought with counsel to the Milwaukee County Mental Health Complex, where abuse was happening, and with Milwaukee County over paying for services for clients. Now, she’s an attorney supervisor and does training and education on disability benefits.

Every county in the state has a disability benefit specialist, who counsels Wisconsin citizens for free. Foley helps train them on Social Security and Medicaid issues.

This training on technical legal issues is crucial to bring more resources into Wisconsin. Based on the work of disability benefit specialists, Wisconsin receives about $58 million more in federal money to assist the Wisconsin citizens who need it most.

Foley’s colleagues say she’s patient with a keen ability to break down complicated issues. “She is highly respected by her public interest colleagues, judges, and members of the private bar for her expertise in poverty law as well as her calm demeanor and excellent judgment,” said attorney Karen Bauer on behalf of the Public Interest Section.

During Foley’s 28-year career, which spans a full spectrum of public interest work, she has remained positive while working on difficult and sometimes troubling cases. “It’s easy to let this work consume you. It took me a while to find the right work-life balance.”

Pro Bono All-Star: DeClercq is Getting it Done

When an attorney goes above and beyond like Andrew DeClercq does, someone is bound to notice. And someone noticed that DeClercq was taking extraordinary measures with his pro bono work representing prison inmates in federal court.

“These kinds of cases are some of the most difficult of pro se cases we see,” said U.S. District Judge William Conley of the Western District of Wisconsin, who noted one case in particular in which DeClercq represented an inmate with numerous mental disorders.

“Throughout this difficult case, DeClercq provided representation of the highest quality and aspirations of our profession, all no doubt while balancing the demands of his own commercial practice,” said Judge Conley, supporting DeClercq’s nomination for the Seventh Circuit Bar Association’s Pro Bono and Public Service Award.

DeClercq (U.W. 2008) also received a pro bono award from the Dane County Bar Association, and next week will receive the 2014 Pro Bono Attorney of the Year Award from the State Bar’s Legal Assistance Committee for taking these federal cases.

A Tough Task

A labor and employment lawyer at Boardman & Clark LLP in Madison, DeClercq put in more than 300 hours on pro bono cases last year. In one case before Judge Conley, the inmate originally filed claims against more than 20 defendants in the corrections system. The inmate, Jeffrey Davis, alleged they failed to protect him from engaging in self-harm.

Upon request, DeClercq stepped in as counsel and helped narrow the case to a realistic set of claims while conducting numerous depositions to determine whether Davis received proper care in prison. Several claims survived summary judgment.

“Throughout this difficult case, DeClercq provided representation of the highest quality and aspirations of our profession.” – U.S. District Court Judge William Conley

Before trial, DeClercq helped negotiate a settlement of the claims, and other claims filed by Davis. Representing clients like Davis, with mental illnesses that present significant challenges, DeClercq is helping to fill an unmet need for legal services in this area.

But the work also helps the efficiency of the federal court system in general, says Judge Conley. “Without counsel, everything is prolonged,” Judge Conley said in an interview.

“For instance, it takes longer to determine what the claims are, and getting through discovery without counsel can be extremely difficult. It’s invaluable to the court to have an advocate who understand the process, likely for opposing counsel too.”

DeClercq, who worked on prisoner cases in law school through U.W. Law School’s Legal Assistance to Institutionalized Persons Project, has worked three prisoner cases since 2010 and just picked up another one. He says the need is there.

“The legal need in the inmate population is not adequately met unless people in the legal profession step up,” he said. “These are people with real and legitimate issues and concerns. We are not doing justice if we don’t provide them with adequate counsel.”

“You have to be willing to listen, and help them identify what the legal system can do for them,” said DeClercq, who was a school teacher before entering law school. “But you also have to explain what the system cannot do by managing their expectations.”

DeClercq said these cases take a lot of time and resources, and he could not do them without the support of his law firm, Boardman & Clark LLP, and a pro bono fund that allows attorneys to recoup some of the costs of litigation, including expert witnesses.

But with a commercial law practice, where does DeClercq find the time for this pro bono work? Boardman & Clark lets him dedicate some business hours to these cases, but he also sacrifices some nights and weekends. “It’s a worthwhile cause,” he says.

Popular Firm Helps on Unpopular Causes

Milwaukee-based Gass Weber Mullins LLC is a well-known civil litigation firm that often takes on high-profile cases. But the firm also donates substantial attorney time and firm resources to challenging and unpopular legal causes in the area of criminal law.

“The vast majority of public defender cases are not extremely visible,” wrote State Public Defender Kelli Thompson, nominating Gass Weber Mullins LLC as the State Bar Legal Assistance Committee’s 2014 Pro Bono Award for a Law Firm or Organization. “They essentially pass through the justice system without much notice.”

“Nevertheless, they are immensely important to the indigent, uneducated, distressed people caught up in them. Gass Weber Mullins’ readiness to quietly, yet steadily, take on unglamorous cases – to the tune of many hundreds of volunteer hours – has impressed the Wisconsin State Public Defender as worthy of recognition.”

Thompson notes recent defense representations and other volunteer efforts by current firm attorneys Michael Brennan, Daniel Kennedy, Michael Carter, and John Franke.

For instance, Franke, a former judge, accepted a pro bono appointment as special prosecutor to determine whether a criminal complaint should be filed against police officers involved in the 2011 arrest of Derek Williams, who died in police custody.

Franke determined that a criminal complaint should not be filed but expressed harsh criticism about the officers’ failure to get medical help. “People disagree about this decision,” Thompson said. “However, the important point is that the circumstances of Derek Williams’s death required investigation, and John Franke volunteered to do it.”

The firm will receive the award next week at the State Bar’s Annual Meeting and Conference, along with other honorees at the Member Recognition Celebration.

Other Award Winners

The State Bar of Wisconsin will also recognize the following attorneys, judges, law firms, organizations, legal professionals, and law students who have made outstanding pro bono, public service, or public education contributions June 25 at the Member Recognition Celebration during the State Bar’s Annual Meeting and Conference:

Lifetime Jurist, Judge William D. Dyke. Iowa County Circuit Court Judge William Dyke will receive the2015 Lifetime Jurist Award, presented by the State Bar’s Bench and Bar Committee. The award acknowledges the contributions of a jurist who has served more than one full term as a circuit court judge and has demonstrated outstanding, long-term judicial excellence and leadership toward improving the quality of justice. Read more about Judge Dyke.

Judge of the Year, Judge William J. Domina. Waukesha County Circuit Court Judge William Domina will receivedJudge of the Year Award, also presented by the Bench and Bar Committee. The award recognizes an outstanding circuit court judge who has improved the judicial system during the past year by his or her leadership in advancing the quality of justice, judicial education, or innovative programs. Read more about Judge Domina.

Founder’s Award, Donna M. Jones Donna Jones of Marietta, Georgia, past president of the Nonresident Lawyers Division (NRLD), is the recipient of this year’s the Founders Award for her many years of service to the State Bar. The Founder’s Award recognizes a nonresident member who has brought positive change to the division and has actively participated in State Bar activities for many years. This award is presented by the Nonresident Lawyers Division.

Leonard L. Loeb Award, Margadette M. Demet. Margadette Demet is the recipient of the Leonard L. Loeb Award for her lifetime of exceptional contributions to his community and to the goal of justice for all Wisconsin citizens. Demet is a partner in the firm of Demet & Demet LLC, Milwaukee. This award is presented by the Senior Lawyers Division.

Hon. Charles Dunn Author Award, Richard K. Wagner. The winner of the Hon. Charles Dunn Author Award is Richard K. Wagner of Baker & McKenzie LLP, Chicago, for his article “From the Central Sands to the Central Kingdom: Navigating Civil Litigation in China,” Wisconsin Lawyer, May 2014. The article is an important resource for anyone thinking of engaging in civil litigation with a Chinese company, either in China or the United States. This award is presented by the Communications Committee.

Jack DeWitt WisLAP Volunteer Award: Stephen Compton. Stephen Compton’s life experience has taught him a message he wishes to pass on to others: There is no shame in asking for help. This award honors a lawyer or judge who has provided confidential, meaningful assistance, educational outreach or other volunteer service through the WisLAP program. This award is presented by the Wisconsin Lawyers Assistance Program.

Lawyer Hotline Attorney of the Year, Paul D. Curtis. The Lawyer Hotline Attorney of the Year Award goes to Paul Curtis of Axley Brynelson LLP, Madison, for his dedication and commitment to the Hotline. Curtis has coordinated the hotline volunteers at Axley Brynelson since 2006. The Lawyer Hotline program is a public service component of the Lawyer Referral and Information Service. This award is presented by the Lawyer Referral and Information Service.

Ryan Klesh Public Interest Legal Worker Award, Donn Lind: A paralegal since 1984, Donn Lind is the recipient of the Ryan Klesh Public Interest Legal Worker Award, which recognizes an individual who captures the essence of Ryan's selflessness, work ethic, and humor in working to seek justice for our low-income neighbors, family, or friends.

Gordon Sinykin Award of Excellence, 2014 National Mock Trial Committee. This year’s recipient of the Gordon Sinykin Award of Excellence is the 2014 National Mock Trial Committee, chaired by Kevin Lonergan. The Gordon Sinykin Award of Excellence recognizes a lawyer, law firm, or group of lawyers for their work on an individual law-related education or public service project. This award is presented by the Wisconsin Law Foundation.

Nicole Ostrowski

Amelia Maxfield

Outstanding Public Interest Law Student Awards, Nicole Ostrowski and Amelia Maxfield. Nicole Ostrowski is a 2015 graduate of Marquette Law School. As a student, she was an active member of the Public Interest Law Society. Amelia Maxfield graduated from the U.W. Law School with academic honors and a distinction for pro bono service, volunteering over 200 hours in her final semester. These public interest awards are presented by the Public Interest Law Section.

Join the Celebration

The State Bar of Wisconsin will recognize attorneys, judges, law firms, organizations, legal professionals, and law students who have made outstanding pro bono, public service, or public education contributions at the Member Recognition Celebration during the 2015 Annual Meeting and Conference (AMC) June 25 from 5:30 to 7 p.m., in Lake Geneva. The event is free, and all State Bar members and their friends and families are invited to celebrate these individuals. Register to attend or learn more about the 2015 Annual Meeting and Conference, June 25-26, at amc.wisbar.org.