This story is reprinted from the Prairie State Legal Services October 2025 newsletter.
Earlier this month, David Fish, Founding Partner of Workplace Law Partners and Leader of their Litigation Department, and Jenn Luczkowiak, Director of Resource Development at PSLS sat down to have a conversation about the philanthropic power of cy pres awards for nonprofits like PSLS.
David Fish, Founding Partner of Workplace Law Partners and Leader of their Litigation Department
Jenn Luczkowiak, PSLS Director of Resource Development
PSLS: How did you come to live in Illinois and choose the law as a profession? When did you become aware of the need for free civil legal aid for citizens?
Jenn: I grew up in Illinois, born and raised here by a police officer and waitress/housecleaner. Both very blue collar, gritty, resilient parents. I knew I wanted to go to law school in middle school. I was one of those nerdy, argumentative girls. I don’t think I knew about legal aid until later. I anticipated I’d go into big law or federal politics up until college. As I learned more about the world, systemic oppression, and power dynamics I realized the change I wanted to make was focused on poverty. I grew up near poverty and in undergrad and law school I really learned about children' s relationship to poverty. I began to focus on how to serve low-income children and children at risk of homelessness. This is how I made my way into legal aid.
My intention was to strictly serve youth which I did in California. When I moved back to Illinois I realized our systems are not as sophisticated as California. I found myself at legal aid generally.
David: I lived in Illinois my whole life, I grew up in Urbana. I knew I wanted to be a lawyer at a very young age of 10 or 11 years old. The law always fascinated me. I first learned about Prairie State Legal Services when I was a student at Northern Illinois University College of Law. One of my favorite professors, David Taylor, had worked at PSLS and spoke very highly of it. The law school also had a strong relationship with Prairie State, which left an impression on me.
Throughout my career, much of it spent practicing in DuPage County, I frequently saw PSLS attorneys in the courthouse. I especially remember them outside of housing and eviction court, offering help to families in crisis. Judges would turn to people who were scared and unsure of their rights and say, “If anybody wants to talk to a lawyer, PSLS is here.” I thought that was powerful — seeing lawyers step in to give guidance to people who were on the verge of losing their homes.
In private practice, I began on an hourly basis and now I work on contingency. But one thing that has never stopped shocking me is the cost of legal fees. With hourly rates often over $500, it’s nearly impossible for someone of modest means — or even a middle-class family — to afford quality legal representation. Frankly, it’s outrageous. That reality makes the work of organizations like PSLS so critical. They provide access to justice for people who otherwise would have no chance to navigate the system.
PSLS: That’s a great segway into the power of cy pres awards for nonprofits. The term “cy pres” is familiar to every trust lawyer. It is from the French phrase “cy pres comme possible,” which means “as near as possible.” Can we briefly discuss the doctrine of cy pres and touch on the relationship between cy pres doctrine and class actions?
David: As a lawyer who handles a significant number of class actions, one of the best parts of that work is getting to help decide where the cy pres money goes. I still remember one of my very first class actions in federal court. The judge on that case hardly focused on the settlement amount itself — what really energized him was deciding which nonprofit would receive the cy pres award. He was a wonderful judge with a generous heart, and he actually invited us back into chambers to encourage us to consider a nonprofit he liked. Of course, when a judge makes a suggestion like that, it carries a lot of weight, and we went with it. But what struck me was how excited he was to see money from the case support a nonprofit. That moment really stayed with me.
Since then, I’ve truly enjoyed the opportunity to help direct cy pres funds. I like Prairie State Legal Services — I know the work you do on the front lines, and I love being able to support it. There’s something special about knowing that a decision you make in a case can send real dollars to organizations doing meaningful work. Sometimes it’s just a small award, but other times it can be several hundred thousand dollars or more. Those larger awards are always a thrill, because you don’t expect them. It’s one of those rare moments in litigation where the impact is immediate and positive.
The process itself takes time. Typically, there’s a six-month approval period after the settlement, and then several more months to distribute funds. Some money sits unclaimed for a while as checks go uncashed and additional outreach is done. Only after that does the cy pres portion actually get released to nonprofits. So while it’s not quick — it usually takes at least a year and sometimes much longer — it’s incredibly rewarding once it happens.
PSLS: Everyone advocates that whenever possible class action monies should go to the class action members. Can you talk about that?
David: Our first goal is always to get money to the clients who were directly impacted and participated in the settlement. We use employer records and electronic databases to locate class members, but the reality is that there will always be people you just can’t find. Some people refuse to take the money because they think it is a scam. In some cases, the money ends up going — not to a traditional cy pres recipient — but to the Illinois Unclaimed Property fund overseen by the Treasurer. That means $100 or $1,000 (or whatever the amount is) gets earmarked under “Joe Smith’s” name, along with thousands of others.
The problem is that, in practice, my guess is 99% of that money never gets claimed. It just sits there. On one hand, it’s good that the money remains available in case Joe Smith shows up. But from a societal perspective, I think it’s better if those funds go to cy pres recipients — because then they’re put to use immediately for the greater good.
My personal view is that once you’ve done everything reasonably possible to locate the class members, you’re better off putting the remaining money to work for society rather than letting it collect dust in a state fund. That way, something positive comes out of it. But, reasonable minds can certainly disagree on this point.
PSLS: Do you have memorable cases whose class action members reflected other Illinois citizens you've met in pro bono and volunteer capacities?
David: Most of the people we represent in our cases are low-income workers. Folks earning minimum wage or just above it are often the ones whose rights get violated the most. The class actions we handle are usually worker-focused — cases where someone isn’t being paid properly or isn’t receiving the overtime they’ve earned.
In recent years, we’ve also taken on many cases under Illinois’ biometric privacy law. These often involve hourly workers who are required to punch in and out using fingerprint or hand-scan technology. Again, it’s the same population — people working hard, often for modest wages, whose rights need protection.
The connection to Prairie State is clear. Through our volunteer work with PSLS, I’d estimate that about 90% of the people seeking advice on employment cases are making around $15 an hour. It’s the same group we see in class actions: workers who are vulnerable to unfair treatment and who can’t afford legal help on their own.
PSLS: We are grateful to be a common recipient of cy pres awards from several law firms. Do you think this is due to the breadth and diversity of PSLS’ work?
Jenn: I think that’s right. When the Biometric Protection Act lawsuit started we talked with a few of the plaintiffs attorneys and asked them ‘what makes you think of Prairie State?’. The answers we got then was that these cases were most likely to affect lower skilled, working class individuals whose information was being taken advantage of. Attorneys felt the clients we serve would represent that group well. We do a lot of different kinds of work; from consumer law issues to family to housing and so on. We are representing a breadth of individuals that simply can’t afford to access the courts. We’re a good option for those reasons.