Pro Bono Honorees: December 2006
Peter Lamb & Beth Hooton Ruiz, Davis Polk & Wardwell
The Guardianship Project of Legal Aid honors two outstanding pro bono attorneys who have gone beyond the call of duty in the representation of our clients, the grandparents of a young boy who needed the stability that they could offer him.
Peter Lamb and Beth Hooton Ruiz, attorneys at Davis Polk & Wardwell took this first guardianship case which appeared straight-forward because Daniel had been living with his grandparents, Sylvia and Gabriel, his entire life and Daniel's mother had already consented to the guardianship. Daniel's father, Oscar, had showed no interest in his son. Though Peter and Beth tried several times to contact Oscar during the proceedings for the temporary guardianship, they were never able to contact him.
Peter and Beth, however, were finally able to make contact with Oscar; he wanted Sylvia and Gabriel's assistance in seeking relief for several thousands of dollars in child support. He refused to consent to the guardianship without the assurance that the client's would never seek child support on behalf of his son.
Throughout the guardianship process, Oscar made various threats to Daniel and his grandparents which included an encounter at the courthouse, threats to kidnap Daniel, and several phone calls. Fearing for their grandson's safety, Sylvia and Gabriel applied for and were granted a restraining order against Oscar. During the initial hearing on the guardianship, Oscar presented himself as a reformed man who no longer abused drugs and who had not been arrested in over 4 years. He also maintained that he wanted to be a presence in his son's life but his various visitation attempts had been thwarted by Sylvia and Gabriel.
Because Oscar contested the guardianship Peter and Beth requested a full evidentiary hearing to prove that it was in Daniel's best interest to live with his grandparents. They interviewed several people around the Bay Area in order to establish Oscar's history of drug abuse and violence. The attorneys were also able to prove that Oscar failed to show up to 90% of his scheduled visits with Daniel. Oscar eventually expressed willingness to compromise and both parties were able to arrange for a full guardianship with limited visitation rights for Oscar.
The guardianship was granted in June and Oscar has not showed up for any scheduled visit. The minor's mother is in a drug treatment program and is doing well.
As you can see, the clients were so appreciative of Peter and Beth's representation that they were invited to their celebration party! Legal Aid thanks the law firm of Davis Polk & Wardwell and specifically Peter and Beth for their outstanding work!