by Kathy Para
JBA Pro Bono Committee Chair
When Paul Tutwiler, executive director of the Northwest Jacksonville Community Development Corporation (CDC), came to Jacksonville Area Legal Aid (JALA), he needed legal counsel concerning several of the CDC’s new projects falling outside of its previous experience in developing affordable housing.
“As the only staff attorney who works with community nonprofit organizations, I could never meet all their needs without relying on the expertise of transactional lawyers from the private bar,” says JALA attorney Carol Miller.
That’s where a team of four attorneys from the law firm of McGuireWoods came to the rescue.
“The attorneys at McGuireWoods have generously given their time and valuable legal knowledge to help our local community development nonprofits build and renovate homes and begin a commercial project,” said Miller.
McGuireWoods attorneys Heather Nason, Chris Thanner, Beth Rothenberg and Don Anderson combined their unique expertise to meet Tutwiler’s needs.
These needs included legal counsel on how to best protect the CDC from the potential liability associated with the acquisition and development of environmentally sensitive property. The team also assisted the CDC on a mixed-use project with aspirations of LEED certification.
LEED, which stands for Leadership in Energy and Environmental Design, encourages environmental awareness among developers and builders.
Nason, who is accredited by the U.S. Green Building Council as a LEED Green Associate, formed several single-member LLC subsidiaries of the CDC to acquire and manage properties. She also fashioned the governing documents of the companies and provided limited tax advice on formation and operation of the LLCs so they could receive pass-through tax treatment without jeopardizing the CDC’s nonprofit status.
Thanner, a real estate attorney, provided leasing advice and assisted the CDC in negotiating cooperative agreements with other entities developing affordable housing in Jacksonville.
Anderson and Rothenberg used their environmental and land use expertise to provide guidance regarding the potential liability associated with acquiring and developing environmentally contaminated properties.
As the CDC continues to acquire and develop properties, Nason, Thanner, Anderson and Rothenberg hope to continue their support.
Nason offered to assist the CDC in future matters related to LEED certification, while Thanner offered to assist the CDC in future real estate and development needs. Anderson and Rothenberg’s experience with the planned development of property within the Jacksonville Ash Site, as well as their continued assistance with environmental issues, may prove critical if the CDC acquires contaminated property for redevelopment.
Miller admits this support from pro bono attorneys is essential.
“In areas where the private market cannot function because of the costs, only by combining public and private resources do our low-income neighborhoods see any progress. These improvements would not happen without the dedication of attorneys like the ones at McGuireWoods.”
When asked why she participates in pro bono work, Nason admits it’s fulfilling and provides an opportunity to connect with groups making a difference in the community.
“Given the current economic climate, there is an increasing need for attorneys to devote time to those who require legal services but cannot afford them,” she says.
“McGuireWoods is very supportive of pro bono work and we know we have the support of the whole firm behind us”
Nason also offers advice to attorneys who have interests in pro bono work. “Don’t be intimidated to work outside of your practice area. Pro bono work provides an excellent opportunity to gain valuable experience in a different field,” she said.
“Plus, our firm stresses involvement in our communities, and pro bono work is an excellent way for us to give back,” she says.
Attorneys interested in making a difference in the Jacksonville community can contact me at JALA (356-8371, ext. 363, or [email protected]).