Fifty-Hour Pro Bono Requirement Research Assignment: Neighboring Tree Damage

Overview

This role supports a 50-hour pro bono service requirement for admission to the New York State Bar, pursuant to Rule 520.16 of the Rules of the Court of the Court of Appeals. Applicants who pass the New York State bar examination must demonstrate that they have performed 50 hours of qualifying pro bono service before filing an application for admission to practice.

This assignment is part of a mixed-model civil legal services program coordinating direct representation by pro bono attorneys and by staff attorneys in Buffalo and Batavia, NY.

Assignment Details: Neighboring Tree Damage Research

This research assignment involves a client in the City of Buffalo, NY. The client’s home sits directly on or very close to the property line. A large, mature tree on the neighboring property is causing damage to the client’s siding, roof, gutters, and foundation. The client believes the damage cannot be fully remedied unless the tree is removed.

Responsibilities

• Prepare an objective legal analysis (not a persuasive argument) of New York law addressing the following questions:
  • What relief (monetary, equitable), if any, is available for damage to the siding and roof of the house?
  • What relief (monetary, equitable), if any, is available for damage to the house foundation caused by the roots of the tree?
  • Can the neighboring homeowner be compelled to remove the tree (even though it is their property) because the client cannot be made whole unless the tree is removed? Research should cover both monetary and equitable relief (not a small claims matter).
  • Identify and analyze any cases that distinguish between root damage and damages from branches.
• Brief and submit the work as a Legal Memorandum.

Requirements

• Access to Lexis or Westlaw. The organization will not provide access to legal research software.
• Artificial Intelligence is strictly prohibited for this research assignment.
• The assignment may be completed remotely.
• Estimated time to complete: approximately 10–15 hours.

Preferred Qualifications

• Experience performing legal research using New York case law.
• Ability to produce an objective memorandum addressing nuanced factual distinctions and exceptions in New York law.

Compensation & Benefits

• This is a pro bono assignment supporting the 50-hour pro bono requirement for New York State Bar admission.

Location

• Remote work is permitted.
• Underlying matter involves a client in the City of Buffalo, NY.