A fresh start for Linda

When Linda came to the Jose De Diego Legal Clinic in the fall of last year and spoke with the volunteers there from Katten Muchin Rosenman LLP, she was seeking assistance with obtaining a divorce from her abusive husband.

Since the pension was the only piece of property at issue, it should have been a straightforward process that didn’t require the resources of an attorney. For that reason, LAF initially planned to refer Linda to the CARPLS divorce help desk for help filling out the appropriate paperwork.


Jose De Diego Community Academy, the site of LAF and Katten Muchin Rosenman LLP’s monthly legal clinic in Wicker Park, where we first met Linda

“We would have closed the case if it wasn’t for Alyse,” says Myka Held, an attorney with LAF’s Family Law Practice group who served as co-counsel with Alyse Sagalchik in representing Linda. “In hindsight, I’m glad we didn’t.”

Alyse is an attorney at Katten Muchin Rosenman LLP who regularly volunteers at the clinic, which, she notes, is her “favorite pro bono commitment—not just since I have been at Katten but since I began practicing law.” Alyse had been looking to contribute even more, and, she says, “Linda happened to reach out to LAF at exactly the right time.” So Alyse took Linda’s case pro bono and moved forward with the divorce, hoping to resolve the issue as quickly as possible by obtaining a default judgment. Since Carl was in jail and unlikely to appear in court, this should have been easy.

Before they could obtain that judgment though, Alyse and LAF received a letter from Carl in jail. It was a rambling, 4-page long document that accused Linda of abuse toward him, demanded money before he would agree to a divorce, and ranted about the attorneys representing Linda. Carl also sent correspondence to the presiding judge, which delayed the case further. On top of all that, based upon a technical issue in the criminal case against him for assaulting Linda, Carl successfully appealed his conviction in the criminal case and was granted a new trial.

“Linda desperately wanted to be rid of him,” says Myka. “She was worried that he would come after her if he got out of jail.” What’s more, Carl planned to represent himself in his second criminal trial, which means he would be the one questioning Linda about his own violence toward her.

Thanks to Alyse and Myka’s hard work, the divorce was at last finalized in early March—five months after the petition for dissolution of marriage was filed. Linda also put the prosecutor assigned to Carl’s domestic violence case in contact with LAF so they could share information that will hopefully prevent Linda from being subjected to the trauma of being questioned by her abuser in court.

Linda’s story reminds us of the difference legal aid can make in the lives of our clients, and demonstrates how vital our volunteer partners are as we work to increase access to justice. As Alyse puts it, “It is amazing to me the difference between the results for those who have legal representation and those who do not…that is not part of my understanding of how justice ought to work. I am trying, in this tiny way, to fix that for as many individuals as I can.” Her help, combined with contributions from LAF staff and her fellow clinic volunteers, enabled Linda to make a break with her abuser and start a new chapter in her life.


A story from LAF’s Larry Wood:

Larry Wood, Director of LAF’s Housing Practice Group, shares the story of a chance encounter that ultimately kept an elderly man threatened with eviction in his home. Stories like this remind us why legal aid is so vital for Chicagoans living in poverty, and how a little bit of advocacy can go a long way.

A couple weeks ago, while I was in one of the city’s eviction courtrooms waiting for my case to be called, I watched a landlord’s attorney obtain orders for possession against a long line of unrepresented, low-income tenants, including one elderly man in a wheelchair who lost his subsidized housing.  It was depressing.

Then I saw Jesse approach the bench.  It took him a while because he’s 82 and he moves slowly, but he told the judge he needed time to get an attorney and the judge continued his case for a week.  Jesse then left the courtroom.  I followed him outside.

Jesse was a voucher-holder facing eviction from the mixed-income development where he had lived for more than fifteen years.  According to his landlord, he owed almost $1,200 in rent for the period October 2017 through January 2018.  “That’s wrong,” Jesse told me.  “I have paid my rent every month since leaving Clarksdale, Mississippi and coming to Chicago in 1953!”

A couple days later Jesse sent me money order receipts showing that he had paid rent every month during the period at issue.  He had even paid for February on time.  I called the currency exchange where he had purchased the money orders and learned they’d all been cashed shortly after being purchased.

When I brought this to the attorney’s attention, he said the rent ledger showed that Jesse incurred his rental debt in 2014 and 2015 – not last year.  He said his client had been trying to resolve this issue with Jesse for years, and would cut Jesse a break because of his age and dismiss the case in exchange for just the rent claimed.  “He won’t have to reimburse my client,” the attorney said, “for its costs and fees.”

Jesse could not afford to give his landlord an additional $1,200 on his fixed and limited income.  I told the attorney that Jesse would assert two defenses. First, the landlord’s unreasonable delay in collecting rent unfairly prejudiced Jesse, who no longer has receipts for rent payments he made more than three years ago. Second, the landlord waived his right to rent accrued during and before 2015 when he signed a new lease for the apartment in 2017.

Last week, the attorney called me and said that his client will dismiss the eviction action with prejudice and seal the court file.

It’s just one more success for LAF – for a client who had done nothing wrong, in a case he most certainly would not have won had we not been there, against someone taking advantage of him simply because he is poor.  Jesse’s case is an exemplary illustration of the importance of LAF for people living in poverty.