ABA Section of Business Law

How has a group of transactional lawyers helped dozens of low-income families own homes in the Bay Area? Partly by pounding nails and laying floorboards, and partly by using their legal expertise to help develop affordable homes in the midst of one of the nation's most expensive housing markets.

The Volunteer Legal Services Program's Community Organization Representation Project (CORP) is pleased to recognize the firm of Nixon Peabody for its long-term pro bono partnership with East Bay Habitat for Humanity. Volunteer lawyers from the firm have helped EBHH with a wide range of complicated legal concerns, and because of this assistance the organization has been able to help more low- income families to achieve the American dream of home ownership.

In CORP's partnership model, a firm is matched with a community-based organization to provide a consistent source of transactional pro bono assistance. In 2002, lawyers from Nixon Peabody assisted, among other things, with real estate transactions, financing, corporate governance and tax matters. Through this partnership, the organization has had access to top-notch legal expertise in nearly every area of transactional law.

In 2002, Paul Schrier, Mark Foster, Steven Takizawa, Chris Jackson, Darcy Pertcheck, Ronald Nelson and Patrick Michael helped us out. All mentioned the personal rewards and professional experience that they gained from working with EBHH. Schrier, a partner in the real estate department, said, "The organization makes the dream of home ownership a reality, and any contribution we can make is important, on both a societal and a personal level." Professionally, he noted that, "The work is sophisticated and interesting, and is excellent training for transactional associates."

Pertcheck, an associate in the business department, has been thrilled with the opportunity to work on this pro bono project. "I went to a ground-breaking ceremony for a new development in Oakland. The future homeowners and the volunteer builders were all there to celebrate. Witnessing the benefits that East Bay Habitat for Humanity brings to the community was incredible."

These community benefits have become all the more crucial in recent years. Despite a sagging economy, Bay Area housing prices continue to climb. Last year, only 22 percent of Bay Area households could afford to purchase a median-price home. For hard-working, low-income families, finding a decent, affordable place to live in the Bay Area is an extremely difficult task. EBHH provides an innovative solution — affordable homes are built using a large amount of volunteer labor, donated funds and materials and sold at cost to qualifying low-income families.

Joel Mackey, executive director of the organization, noted that Nixon Peabody "helped the organization avoid substantial legal costs," donating nearly $50,000 in lawyer time. Without pro bono assistance, the organization would have had to divert significant resources from its core programs, and would have foregone legal advice in many instances, with greater exposure to legal and financial risk.

The law firm has been partnered with EBHH for three years. In that time, many lawyers and staff have assisted the organization. In addition to legal services provided, a group from the firm also went and worked on a building site. Amy Zinman, manager of lawyer professional development, says, "When we initially met with VLSP to discuss this partnership, we were especially excited about the opportunity for the entire firm to become involved. We intend to organize another building team this year, and to make East Bay Habitat for Humanity a pro bono project involving the entire office."