[Congressional Record Volume 142, Number 74 (Thursday, May 23, 1996)]
[Senate]
[Pages S5556-S5558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MINTZ LEVIN'S SUCCESSFUL DOMESTIC VIOLENCE PROJECT

  Mr. KENNEDY. Mr. President, domestic and other acts of violence 
against women have reached epidemic proportions. Figures from 1994 show 
that, on the average in the United States, a woman was murdered every 
two days, and a woman was beaten every 15 seconds as a result of 
domestic violence.
  The Violence Against Women Act was passed in 1994 to address this 
problem and ensure the safety and peace of mind of millions of women 
and their families. Congress took an approach that requires a 
partnership between the private sector and the public sector at every 
level--Federal, State, and local.
  The Domestic Violence Project being carried out by the law firm of 
Mintz Levin Cohn Ferris Glovsky and Popeo is an excellent example of a 
successful partnership. In testimony before the Senate Judiciary 
Committee, Kenneth J. Novak, chairman of the firm's Community Service 
Program, described its Domestic Violence Project and its efforts to 
reduce domestic violence.
  The Domestic Violence Project that Mr. Novak described can be an 
effective model for many others in helping the Nation meet and master 
the challenge of domestic violence. I believe that Mr. Novak's 
testimony will be of interest to all of us in Congress, and I ask 
unanimous consent that it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. Chairman, and members of the Judiciary Committee, my 
     name is Kenneth J. Novack of the law firm Mintz, Levin, Cohn, 
     Ferris, Glovsky and Popeo, P.C., with offices in Boston and 
     Washington, D.C. As a member of the Firm's Executive 
     Committee, previous President and CEO, and Chairman of the 
     Mintz Levin Community Service Program, I am pleased to be 
     here today to provide testimony regarding the commitment of 
     one law firm to make a significant and continuing difference 
     in the fight against domestic violence.


                               Background

       Mintz Levin has strived for over 60 years to create and 
     maintain a workplace of diversity and tolerance, and to serve 
     the community as well as our clients.
       In 1990, at the initiative of two first-year associates, 
     the Firm created the Mintz Levin Domestic Violence Project to 
     provide free legal representation to victims of domestic 
     violence. In 1994, the Firm decided to expand and focus its 
     community service commitment, and we chose the area of 
     domestic violence as the principal focus of all our future 
     community service. We hired a full-time Director of Community 
     Service and established a Community Service Fund to 
     complement our domestic violence pro bono practice and to 
     encourage Firm-wide participation.


                     Domestic Violence Initiatives

       Mintz Levin chose a three-pronged approach for our efforts 
     against domestic violence: public policy issues on a national 
     level; state and local efforts; and an internal focus within 
     the Firm.
       Internal Focus. As the foundation of our domestic violence 
     initiatives, we began at home by working to give all our 
     employees access to the support needed to free themselves 
     from abusive situations. Mintz Levin provides its employees 
     with free legal assistance including, when necessary, helping 
     them to obtain restraining orders. Each new employee is given 
     an information packet including a resource card entitled 
     Where to Get Help if Domestic Violence is a Problem, which 
     identifies three Mintz Levin attorneys and one attorney from 
     another law firm who will provide free and confidential 
     assistance. In addition, a booklet entitled Domestic 
     Violence: The Facts is provided to each employee and lists 
     local resources. Our Human Resources Department has developed 
     a policy for managing family violence situations, and all 
     management staff have been trained to recognize and respond 
     to such situations. A speaker's bureau provides regularly 
     scheduled seminars to increase employee awareness. We have 
     also offered Model Mugging safety-defense classes in both our 
     Boston and Washington offices. As a result of our efforts, 
     our employees feel free to come forward for assistance and do 
     so on a regular basis.
       Mintz Levin also creates opportunities for broad-based 
     participation by our employees in community service 
     activities. A Domestic Violence Task Force, consisting of 
     attorneys, senior professionals and other employees, 
     regularly reviews and advises with respect to the 
     Firm's public policy and program development initiatives. 
     A Community Service Advisory Committee, consisting 
     primarily of administrative and support staff, initiates 
     volunteer projects and Firmwide events on behalf of local 
     domestic violence organizations. The Firm encourages 
     interested employees to assist shelters, advocacy groups 
     and other organizations on Firm time.

[[Page S5557]]

       State and Local Efforts. The second component of Mintz 
     Levin's domestic violence initiative consists of continuing 
     efforts at the state and local levels, enabling us to utilize 
     our skills as legal advocates and to identify opportunities 
     for new, innovative projects in the Greater Boston and 
     Washington, D.C. communities. Our attorneys and senior 
     professionals are active in a wide variety of service and 
     planning committees, and our Domestic Violence Project 
     continues to provide pro bono legal representation to victims 
     of domestic violence. The Project is staffed by specially 
     trained Mintz Levin attorneys, paralegals and project 
     analysts, who have been accepting restraining order cases 
     from Greater Boston Legal Services since July 1990. To date, 
     participants in the Project have been successful in obtaining 
     protective orders, vacate orders, and temporary custody and 
     support orders for over 100 clients. Project attorneys also 
     assist clients in the enforcement of such orders. The Project 
     provides clients with social services referrals for their 
     non-legal needs, such as housing and counseling. In 
     Washington, we have also represented battered women in court 
     and sponsored city-wide training sessions to encourage other 
     attorneys to do the same.
       Through our Domestic Violence Project, Mintz Levin 
     attorneys have also represented battered women in appellate 
     matters before the Massachusetts Supreme Judicial Court and 
     have filed briefs amici curiae in both federal and state 
     courts. Such appellate work is essential to the 
     interpretation and enforcement of laws intended to protect 
     victims of domestic violence. Law firms, especially large 
     ones like Mintz Levin, are uniquely situated to muster the 
     legal resources necessary to undertake such appellate cases.
       In addition to pro bono client services, Project 
     participants work with the Massachusetts Coalition of 
     Battered Women Service Groups toward the enactment of 
     legislation that will afford greater protection to victims of 
     domestic violence. As a result of these efforts, the Project 
     was instrumental in securing the passage in December 1990 of 
     the Act to Further Protect Abused Persons, which 
     substantially strengthened the Massachusetts Abuse Prevention 
     statute. In December 1993, the Project worked with the 
     Massachusetts Coalition of Battered Women Service Groups for 
     the passage of legislation that directs judges to consider 
     evidence of past or present domestic violence in custody and 
     visitation proceedings. More recently, Project members worked 
     to further the enactment of the Massachusetts Weapons Bill, 
     which takes guns, ammunition and other weapons out of the 
     hands of batterers.
       Our experience has demonstrated that the opportunities to 
     serve are not limited to the fields of litigation or 
     government relations. Mintz Levin's real estate and 
     environmental law professionals have provided pro bono legal 
     services to non-profit corporations which have built shelters 
     for the victims of domestic violence and transitional housing 
     for homeless women and their families. In 1986, the Firm 
     began its representation of the Elizabeth Stone House, an 
     alternative mental health and battered women's shelter, with 
     the acquisition of two buildings and the conversion of them 
     into a battered women's shelter and a transitional housing 
     program.
       In 1993, the Firm represented the Asian Task Force Against 
     Domestic Violence in its efforts to build a 12-bed emergency 
     shelter for battered women and their children. This shelter 
     was the first shelter for Asian women in New England. In the 
     past year, more than 170 women have used the Asian Shelter, 
     and the shelter has received 1,000 calls for help and another 
     4,000 calls seeking information. It is an especially 
     important facility for Asian women since it provides a hot 
     line and counselling in a number of Asian languages, and 
     language barriers have often prevented Asian women from 
     seeking help at traditional shelters. Attorneys from the Firm 
     have served on the Board of Directors of both the Elizabeth 
     Stone House and the Asian Task Force Against Domestic 
     Violence.
       The issues of homelessness and substance abuse are 
     intertwined with that of domestic violence. Therefore, the 
     Firm's real estate and environmental law attorneys have given 
     their time to help the Women's Institute for Housing and 
     Economic Development develop two transitional programs for 
     women, one for women recovering from substance abuse and one 
     for homeless women and their families.
       In Massachusetts, we work closely with the Massachusetts 
     Coalition of Battered Women Service Groups, helping them 
     obtain funds for shelters and to develop programs that 
     provide assistance to battered women and their children. We 
     act as advisors to district attorneys, to the Governor's 
     office and to legislators on the issue of domestic violence. 
     We have worked with the Massachusetts Coalition of Battered 
     Women Service Groups toward the enactment of legislation to 
     help prevent placing children at risk from batterers, by 
     creating a rebuttable presumption that a parent who engages 
     in a ``pattern'' or ``serious incidence'' of abuse against 
     his or her partner should not be awarded sole or joint 
     custody over their children. Our efforts extend to helping 
     the Massachusetts Coalition of Battered Women Service Groups 
     obtain funding for their member shelters, including by 
     bringing together committed advocates and legislators who 
     keep the issue of funding active in the agenda of the 
     Massachusetts legislature.
       In 1990, the Project received an award from the Young 
     Lawyers Division of the Boston Bar Association; and in 1992, 
     the Project received an award from the Women's Bar 
     Association for its work on behalf of victims of domestic 
     violence. In 1994, the Rose Foundation presented an award to 
     Mintz Levin for its efforts in the area of domestic violence. 
     We are encouraged by these recognitions of our work to hope 
     that other firms will join us in helping battered women and 
     children.
       Our Community Service Program also includes non-legal 
     direct service work. As part of the Polaroid CEO Challenge, 
     we have partnered with the Elizabeth Stone House, building on 
     our long-standing commitment to that organization. The CEO 
     Challenge encourages business leaders to end domestic 
     violence by partnering with a battered women's shelter, 
     providing support and advocacy. Our partnership with 
     Elizabeth Stone House has to date included a mentoring 
     program for children, and internship program in our 
     production department for women seeking new job skills, a 
     children's holiday party, and a very successful effort to 
     raise money to provide a new roof. Mintz Levin also worked 
     with the Massachusetts Office of Victim Assistance, by 
     helping to craft and implement ``safe plan'', a program that 
     provides women with protection and assistance through each 
     step of their escape from violence. And we have provided 
     support services to Peace At Home, one of the first 
     organizations to define domestic violence as a human rights 
     issue.
       National Level. On a national level, we are proud to be 
     affiliated with the National Network to End Domestic 
     Violence. As you know, The National Network was instrumental 
     in the drafting of the Violence Against Women Act, and 
     working for its passage and funding. The Violence Against 
     Women Act is historic legislation, and I applaud your 
     championship, Senator Hatch, of the issue of violence against 
     women and children. Our efforts on behalf of the National 
     Network have included our serving as pro bono legal counsel, 
     as well as providing office space and administrative support, 
     and organizational development, as well as writing amicus 
     briefs regarding the confidentiality of records of battered 
     women and rape crisis service providers.
       Other national efforts include Mintz Levin's participation 
     in the newly organized National Workplace Resource Center, 
     where we serve as Co-chair of the Corporate Social 
     Responsibility Sub-committee, and as liaison to the American 
     Bar Association's Commission on Domestic Violence.
       Charitable Contributions. Our initiatives include financial 
     contributions, which we make through our Community Service 
     Fund, as well as in-kind contributions. Mintz Levin in-kind  
     contributions include donations of clothing, furniture, 
     office supplies, graphic design, printing and training 
     events. We have identified a continuing need of grassroots 
     organizations for assistance in strategic planning, 
     business development and computer technology. We consider 
     the funding of an organizational development consultant to 
     be an excellent form of in-kind contribution. For example, 
     when the Same Sex Domestic Violence Coalition applied to 
     our Community Service Fund, we suggested a contribution of 
     a day-long strategic planning session with a consultant of 
     their choice. The group accepted and, six weeks after 
     their planning session, we received an invitation to a 
     community forum which they had identified as the first 
     step in their strategic plan. The community forum inspired 
     an active group of forty organizations and committed 
     individuals who are now working together to develop 
     services for victims of same sex domestic violence.


                            Lessons Learned

       The Power of Networking. Mintz Levin draws upon the 
     knowledge and commitment of approximately 600 employees, 
     including over 225 attorneys and senior professionals. As a 
     large law firm, we have experience with the justice system, 
     connections to the corporate community, extensive state and 
     federal government relations capabilities, and a remarkable 
     ability to make a difference. I believe the greatest service 
     that Mintz Levin has offered in its six-year-old domestic 
     violence initiative has been to open doors which have 
     traditionally been shut to battered women and children and 
     their advocates, and to make the introductions necessary for 
     diverse leaders with very different backgrounds to form new 
     partnerships.
       I would like to mention a few examples. One of our goals 
     has been that resources for battered women and their children 
     be easily accessible, and that domestic violence advocates 
     and service organizations be able to communicate with each 
     other across the country. We encouraged our client America 
     Online (``AOL''), which operates the country's largest 
     consumer online service, to consider a domestic violence area 
     within its new Digital City Boston. AOL responded 
     enthusiastically. At my request, the Mintz Levin Director of 
     Community Service brought together representatives from AOL 
     and local domestic violence activists to design and implement 
     a domestic violence area. The Massachusetts Coalition of 
     Battered Women Service Groups is now partnering with AOL, and 
     involved advocates are receiving the training and software 
     necessary to maintain the area. A representative from the 
     Public Educational Technical Assistance Project of the 
     National Resource Center on Domestic Violence, funded by the 
     Centers for Disease Control, is involved to ensure 
     coordination with other emerging domestic violence online 
     networks. The area is scheduled to open

[[Page S5558]]

     in June, and I hope it will be a precursor to a national 
     online network.
       We have been pleased, and occasionally surprised, by the 
     interest of others in supporting our efforts. As part of our 
     fund raising efforts to provide a new roof for the Elizabeth 
     Stone House, we received a donation of roofing materials from 
     a Firm client, and donations from several vendors for a 
     silent auction. I have recently agreed to serve as Co-chair 
     for a Men's Advisory Committee for the Massachusetts 
     Coalition of Battered Women Service Groups, which I hope will 
     encourage other businessmen to become personally involved in 
     working to end domestic violence.
       Mintz Levin was also instrumental in the establishment of 
     the Jane Doe Safety Fund. Through our corporate clients, we 
     were able to bring together corporations, foundations and 
     other funds to provide guidance and financial assistance to 
     members of the domestic violence community who wanted to 
     establish a fund to educate the public about domestic 
     violence and to support battered women's shelters. The Jane 
     Doe Safety Fund is now in its fifth year of existence.
       Mintz Levin plans to continue its public policy efforts in 
     the area of domestic violence on both a state and national 
     level, including our partnerships with the National Network 
     and the Elizabeth Stone House, as well as our own Firm-based 
     education and prevention programs. The broad-based 
     involvement and enthusiasm of our employees reinforces and 
     deepens our commitment to the issue. We will also continue to 
     use our access and relationships to encourage and foster new 
     public/private partnerships. Building a network of like-
     minded law firms across the country is one of our goals for 
     the coming year.
       Economic Security. Economic security is listed as the 
     number one reason battered women go back to their abusers. It 
     would be wrong to separate artificially the problem of 
     domestic violence from the issues of free legal services, 
     social services and child support programs. Battered women 
     need more support, not less, to end abusive relationships.
       Learning from Others. Our initiatives in domestic violence, 
     and our partnerships with the National Network, the Elizabeth 
     Stone House, and other service organizations, have taught us 
     that in addition to having a lot to offer, we have a lot to 
     learn. From battered women and their advocates we can learn 
     what is needed next to end domestic violence and how and when 
     our resources and skills can best help. The passage and 
     funding of the Violence Against Women Act has already 
     created, and will continue to create, opportunities for 
     unlikely partnerships. Domestic violence advocates, law 
     firms, corporations, government agencies and the judicial 
     system each have their own perspectives on the problem of 
     domestic violence, and we all may be a bit parochial in our 
     approaches. Building new models of collaboration is both 
     challenging and rewarding. Our new partnerships require 
     building new bridges. We must learn to work respectfully with 
     people and organizations with very different histories, 
     different measures of success, and sometimes even histories 
     as adversaries. As we create new models of cooperation, we 
     must also recognize that it will take time, patience, 
     goodwill and even humor to go the distance.


                               conclusion

       Chairman Hatch and Members of the Senate Judiciary 
     Committee, I offer my congratulations and thanks for your 
     leadership in the passage of the Violence Against Women Act. 
     I also thank you for the opportunity to speak to you today. 
     It is my belief that lawyers and law firms are in a unique 
     position to become innovative partners in the implementation 
     of the Act. My colleagues and I look forward to working with 
     others in the legal profession to make a significant 
     contribution to the fight against domestic violence.
       Respectfully submitted, Kenneth J. Novack.

                          ____________________