Public Interest Profile: Linda Riefberg, Innocence Project | Practical Law

Public Interest Profile: Linda Riefberg, Innocence Project | Practical Law

A profile of Linda Riefberg, In House Counsel, of the Innocence Project.

Public Interest Profile: Linda Riefberg, Innocence Project

Practical Law Article w-028-4318 (Approx. 3 pages)

Public Interest Profile: Linda Riefberg, Innocence Project

by Practical Law The Journal
Published on 20 Nov 2020USA (National/Federal)
A profile of Linda Riefberg, In House Counsel, of the Innocence Project.
Education: 1984: J.D., New York University School of Law; 1981: B.A., Binghamton University (Phi Beta Kappa).
Career in Brief: I began my career as a litigator at Stroock & Stroock & Lavan LLP, where I worked on a variety of matters, including commercial litigation, products liability, and white collar criminal cases. In 1994, I joined the New York Stock Exchange (NYSE) Enforcement Division, and spent 18 years investigating and prosecuting violations of securities law and regulations. The NYSE became the Financial Industry Regulatory Authority (FINRA) after a merger of the regulatory programs. When I left FINRA in 2011, I was a Vice President, managing 30 attorneys and paralegals. I later worked at Fried, Frank, Harris, Shriver & Jacobson LLP and at Cozen O’Connor, practicing securities enforcement and arbitration on the defense side.
Organization's Mission: The Innocence Project’s mission is to free the enormous number of innocent people who remain incarcerated, and to bring reform to the system responsible for their unjust imprisonment.
What led you to become an attorney for a non-profit? What attracted you to this organization? After working in the legal profession for many years, I wanted to change course and apply my skills at a non-profit organization. I had wanted to do this when I first went to law school, but it became a dream deferred. I hoped to work for an organization that would help underrepresented individuals, similar to where I had previously done pro bono work. Prior to joining the Innocence Project, I was a close follower of the organization’s work, admiring its strong commitment to providing legal relief to wrongfully convicted individuals.
What is your typical day like? I wear many hats in my role at the Innocence Project and, because of this, each day is different. Generally, I review and prepare contracts and leases, research legal questions to assist attorneys handling client matters, analyze ethical dilemmas facing our attorneys and help determine the organization’s response to these issues, manage the legal aspects of our lobbying program and our trademark, and troubleshoot other concerns.
Given the recent election season, I monitor the organization’s adherence to the non-profit rules against electioneering. I am also a member of our Intake team. This involves reading letters written by potential clients, most of whom are incarcerated, asking the Innocence Project to take on their cases. I then evaluate those letters to determine if they meet our intake criteria and ultimately merit representation.
How has the recent civil unrest highlighting racial injustice and inequality impacted your work? The Innocence Project is committed to addressing the racial injustice and inequality that continues to plague the criminal justice system. In addition to the hard work of exonerating wrongful convictions, we are also examining more deeply the systemic reasons that cause people of color to be disproportionately represented in these cases.
What is unique about working for a non-profit compared to other types of employers? The more than 75 Innocence Project employees all share the same mission, which is to free the staggering number of innocent people in prison, and reform the system responsible for their unjust imprisonment. All staff passionately work toward this mission in whatever role they play, whether it is fundraising, policy work to change laws, or communications to raise awareness about the causes and effects of wrongful convictions. There is significant uniformity of purpose, which is lacking in law firm life. It is this strength of mission that is so appealing and engaging in the work I am doing.
What do you enjoy most about your role? What are the greatest challenges? This is difficult work, as we are supporting attorneys who have worked for years to prove their clients’ innocence and have their cases overturned. I enjoy the moments of success where the whole office celebrates a conviction being vacated, or when we watch a longstanding client walk out of prison. These are people who have spent decades behind bars for crimes they did not commit, and it requires a great deal of dedication and resources to free them. The hard work is always worth it, especially when we see our clients reunite with their families and regain their livelihoods.
What special knowledge or skills should an attorney seek to develop in preparing for a non-profit role? I am a generalist as an in-house counsel. As I mentioned above, I do a little bit of everything, and am aided by my years of experience in private practice and public service at NYSE/FINRA prior to joining the Innocence Project. Having worked on a wide range of cases as a litigator, in addition to many different compliance and regulatory issues as a securities prosecutor and defense attorney, I am equipped to handle the multifaceted questions and projects that now come my way.
At the Innocence Project, I act as a solo practitioner. Unlike law firm or regulatory practice, I conduct my own research and analysis and draft my own agreements. My prior experience and exposure to many different subject areas has undoubtedly prepared me for this unique role.
What are some things that have surprised you since becoming involved with your organization? I am in awe of the passion and dedication of the entire Innocence Project staff. Everyone is constantly trying to improve the ways in which we operate and to expand the scope of the work we are doing. The organization strives for excellence every day, and this engenders pride and also very hard work to help achieve the goals of freeing innocent people, modifying laws around the nation, and changing biased institutions and systems.
What advice would you give to an attorney considering becoming involved in this type of work? One of the benefits of becoming an attorney is that you can pivot and try new things. I moved from private practice to public service, to private practice, to non-profit work, and each role built upon the skill set and subject matter expertise learned from past roles. Most people would not see a connection between being a securities enforcement attorney and a non-profit attorney, but there is a real link in terms of understanding compliance and government regulations.
Therefore, my advice is to let your practice take you to different roles. Being an in-house attorney means you have to make tough decisions for the organization, and I feel confident in doing so because of my years of prior legal experience.
Who or what inspires you? I am inspired by the clients. I read letters from incarcerated individuals who did not receive fair representation at their trial, or who were coerced by law enforcement officials into providing a false confession. Whatever the circumstance, it requires a tremendous amount of will and strength to continue to fight when you have been wrongfully convicted of a crime you did not commit.
In 1992, the co-founders of the Innocence Project, Barry Scheck and Peter Neufeld, had a vision that DNA evidence could help people prove their innocence. To date, in 2020, there have been hundreds of exonerations, in the US and beyond, based on DNA evidence. I am also inspired by the ingenuity and hard work that started this organization, and the tremendous efforts of the many attorneys and staff who have continued to carry the torch.
Does the organization have a pro bono legal program? The Innocence Project relies on various outside law firms for pro bono assistance. Pro bono attorneys work on many tasks within the organization, including reviewing intake questionnaires, writing amicus briefs, and even acting as co-counsel in some cases. While the Innocence Project does offer some legal work for volunteers, the opportunities are currently limited as the organization works remotely. To learn more, visit innocenceproject.org.