What Are Cy Pres Awards?
Cy pres awards are residual funds arising from damages awarded in successful class action cases that, for any number of reasons, are unclaimed or cannot be distributed to all the class members or beneficiaries who were the intended recipients.
Although cy pres awards most often arise in class action cases, these funds also occasionally arise in other types of proceedings like bankruptcy and probate matters.
Directing Residual Funds to the Legal Aid Bureau
The Chicago Bar Foundation has determined that the Legal Aid Bureau of Metropolitan Family Services is an eligible recipient of residual funds. Since 1886, the Legal Aid Bureau has been active in the Chicago legal community in promoting access to justice by offering legal representation and assistance in domestic violence, family law, consumer and housing issues, elder abuse and financial exploitation.
Click here to read how a cy pres award has helped the Legal Aid Bureau to open its Advice Desk at the Markham Courthouse.
How Can I Help?
If you are interested in learning more about how you can request residual funds to be directed to the Legal Aid Bureau, please contact Kendra Reinshagen, Executive Director, at reinshak@metrofamily.org.
The Impact of Your Donation
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$500 pays for service of process on 6 abusive spouses
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$1,600 obtains an order of protection for a victim of domestic violence
or elder abuse
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$5,000 pays for staff training for one year
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$10,000 supports litigation expenses for one year
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$20,000 covers malpractice insurance for two years
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$50,000 supports one Poverty Law Project paralegal for one year
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$105,000 allows the Legal Aid Bureau to expand legal services to one new community center
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Helping the Whole Client
“Barbara” was 76 years old. She lived on the first floor of the building she owned and her adult daughter lived on the second floor with her two teenagers. Barbara’s daughter was somewhat unstable and, when she put her children out on the street around Christmas time, Barbara took them in. The daughter forced her way into Barbara’s apartment and threatened to burn the house down.
Metropolitan Family Services’ (MFS) Protective Services Unit, which investigates reports of elder abuse and provides services, was called in. The Case Manager provided emotional support, made home visits to check on Barbara’s safety, and referred the case to MFS’ Legal Aid Bureau. An attorney with the Legal Aid Bureau's Elder Abuse Project obtained an emergency order of protection for Barbara.
Unfortunately, the judge refused to extend the order of protection, ruling that she felt this was a case that should be heard in eviction court. The Legal Aid Bureau filed an eviction case, with MFS' financial assistance paying the fees, and obtained an order of possession. Before the Sheriff could serve the order (which takes 10-12 weeks due to County budget cuts) the daughter attacked Barbara again, kicking her and causing her to fall. The police were called and Barbara was granted an order of protection and exclusive possession in criminal court. Barbara changed the locks, and the daughter cannot return to the home, even if the order of protection is not extended, because of the eviction order.
Barbara’s granddaughters are living safely with other relatives and visit her regularly. The Case Manager continues to visit and reports that Barbara is no longer stressed or afraid.
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