Pro bono work is essential to the American justice system and our democracy as a whole. Without attorneys willing to give their time and effort to underserved and indigent clients, many would go without adequate access to competent legal representation and/or judicial and administrative remedies for complex legal problems.
In keeping with the American Bar Association’s stated theme for Pro Bono Week this year — Serving Justice. Strengthening Democracy — we believe that when people and organizations lack access to the justice system, they are denied their democratic right to hold institutions and individuals accountable under the law.
Indeed, as a firm, Kostelanetz has long placed a heightened importance on ensuring that our attorneys and paralegals lend their time and skill to pro bono work, and we are proud to be able to say that a commitment to service permeates our office culture and spans each practice area, attorney, paralegal, and professional staff member of the Kostelanetz community.
As partner Melissa Wiley, who heads up our Pro Bono program, has said:
Many of us went to law school with the idea we wanted to help people. Being able to use our legal training to make people feel like they’re understood and heard is an incredible honor.
As part of our pro bono commitment, Kostelanetz represents clients in a wide variety of matters, often continuing representation through case completion, even when that requires appellate litigation.
Because of our deep experience in complicated civil and criminal tax matters, Kostelanetz LLP’s attorneys often partake in tax-related pro bono work, including the ABA’s Virtual Settlement Week program, the After Innocence Exoneree Tax Relief Act Project, and Volunteer Income Tax Assistance programs.
In an effort to advance fairness for all taxpayers, our attorneys have provided pro bono representation to the Center for Taxpayer Rights (CTR), the National Taxpayers Union, and the American College of Tax Counsel (ACTC) in major appellate cases seeking to clarify how and when the government may impose tax penalties on taxpayers.
For example, in May of this year, we filed an amicus brief with the U.S. Supreme Court on behalf of ACTC in Murrin v. Commissioner, supporting Murrin’s petition for certiorari requesting that the Court limit how long the IRS has to assess tax and penalties when allegedly fraudulent conduct is committed by someone other than the taxpayer, such as by a tax return preparer.
Similarly, the firm filed an amicus brief on behalf of CTR earlier this year in Wepplo v. Commissioner, a U.S. Tax Court case that could significantly affect taxpayers with outstanding federal tax liabilities during federally declared disasters. As the brief states:
Taxpayers owing pre-disaster liabilities are no less affected by or deserving of relief from federally declared disasters and fall within the remedial purpose intended by Congress.
The firm’s support of underserved populations and nonprofit organizations also goes beyond the tax work we are most known for.
Recently, we were honored that the firm and partner Claude Millman were presented with the New York Legal Aid Society’s (LAS) “Outstanding Pro Bono Assistance to Ensure Access to Justice” Award.
Our attorneys represent the Human Services Council (HSC) of New York and LAS, providing legal support to both nonprofits.
For example, Kostelanetz has supported HSC in a lawsuit challenging New York City Local Law 87 of 2021, a labor relations law that undermines the City’s critical social services safety net.
Additionally, we filed a procurement protest for LAS challenging the New York City Department of Health and Human Services’ procurement process for legal services for low-income immigrant New Yorkers, which LAS has argued is inadequate to meet the current and emerging needs of those individuals.
We recognize the essential role that pro bono plays at every level of our firm. Through recruitment efforts, paralegal support, and the resolve of each attorney at the firm, we are fully committed to creating a culture of legal support and guidance.
In the spirit of the ABA’s theme, we pride ourselves on our commitment to providing services that help individuals and organizations protect their rights, secure stability, and engage more fully in their communities.
Looking toward the future of Pro Bono at Kostelanetz, Melissa noted:
I hope that everyone at the firm can find an area of pro bono work that resonates with them, that is rewarding, that allows them to use skills that they are proud of, and that everybody feels like pro bono is an option for them to connect with and give back to their community.
