Access to Justice Initiative

McDermott Will & Emery's Access to Justice Initiative is a Firm-wide program that aims to reduce the justice gap in the United States by providing low-income individuals and families access to civil legal assistance in the areas of housing law, consumer law, labor and employment, government benefits, and family law, including matrimonial law, domestic violence, elder abuse, guardianship, wills, and trusts and estates.

Healthy and Safe Housing

Elder Abuse

Estimates show that only one in 14 instances of financial abuse of seniors is reported, for reasons ranging from the elderly person's shame or dependence to unawareness of the misappropriation, whether due to cognitive issues or otherwise.

Lawyers in our Silicon Valley office are representing a senior citizen who had been approached by several acquaintances in the community claiming they needed a loan for a business deal that would close soon and yield triple her initial investment within several weeks. Our client met their request, handing over an initial $25,000, and then provided an equal amount when they came calling again one week later. The money was never repaid.

After taking the referral from The Legal Aid Society of San Mateo County, our team has spent hundreds of hours on the case, which has been complicated throughout, including attempts by the defendants to dodge service of the complaint. Settlement negotiations ultimately broke down, after which we filed suit for breach of contract, fraud and "money had and received" under California law. We prevailed on two of the counts and, to date, have recouped $34,000 for the client. Our team continues to pursue the remainder of the money, a task which has been impeded by the bankruptcy of one defendant, with another expected to file for bankruptcy soon.

One of the lead lawyers on the case, calls his experience "bittersweet," at least so far. "If we hadn't taken the case, I'm sure our client wouldn't have gotten back the money that she has already recovered. We can't control everything, like the bankruptcies, but we are doing what we can," he says.