PRO BONO SPOTLIGHT

Mat 
dos Santos

Co-executive Director 
and General Counsel for 
Our Children's Trust

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Fighting for the Rights of Many

There are countless reasons why people choose to pursue law as a profession, ranging from intellectual stimulation to the potential of a lucrative career. For Mat dos Santos, they saw the law as a pathway to make a difference by entering the nonprofit legal world. 

As graduation from Cornell Law School neared, dos Santos saw two possible career journeys: The first was to jump into the legal department of a nonprofit and learn by doing. The second was to get some experience with a large firm first before following their passion with a nonprofit. They chose the latter. 

“I interviewed with a couple of firms, but Morrison Foerster stood out as a place where I could really learn and contribute,” they said. “I worked for a summer in the San Francisco office with some incredible partners who helped me grow, including Ruth Borenstein, Dorothy Fernandez, Stuart Plunkett, Rachel Krevans, and Philip Besirof, as well as some amazing associates like Parisa Jorjani. I still litigate cases based on what I learned from them.” 

Currently, dos Santos serves as co-executive director and general counsel for Eugene, Oregon-based Our Children’s Trust, a leading advocacy organization that fights climate change by representing young people in global legal efforts to ensure a healthy atmosphere and stable climate. It’s a position where dos Santos feels they’re making a daily impact, and they credit their MoFo experience for the jumpstart. 

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It was a case that was super influential for me in my early years as an attorney because it showed me how to effectively litigate high-profile, high-impact cases. You have to come up with compelling demonstratives and develop a powerful narrative story for the jury.

A Focus on Helping Others

Dos Santos was also able to log more than 2,500 hours of pro bono work during their eight years at MoFo, including a case related to the detention of prisoners in Guantanamo Bay and another that involved transgender prisoner rights in Idaho, which they recall being particularly groundbreaking. 

That case centered around an incarcerated trans woman, Jennifer Spencer, who had changed her name and lived on the outside as a woman. However, the Idaho Department of Corrections placed her in a men’s prison. She pleaded with the Department’s medical staff for estrogen therapy to treat her gender dysphoria, but was refused 75 times. 

This led to a subsequent suicide attempt and an episode where she castrated herself in her cell. In 2004, Spencer filed suit against the Department, claiming that it violated her constitutional rights by failing to properly diagnose her and provide adequate treatment. After winning in federal district court, a 

settlement was reached, and the case is credited with leading to gender-affirming treatment for the incarcerated. 

“It was an incredibly formative experience for me. I worked on several pro bono projects, but this case showed me the impact of large firms working together with organizations for the good of the community.” 

They also worked on some of MoFo’s traditional cases, including one they feel has been a major influence on their work today. In re JDS Uniphase was a $26 billion securities case involving a major fiber optic cable supplier, and dos Santos was part of the MoFo team defending the company’s executives. Working under partner Jordan Eth on the case, dos Santos was charged with helping to provide an argument for the jury verdict form. 

“It was a case that was super influential for me in my early years as an attorney because it showed me how to effectively litigate high-profile, high-impact cases. You have to come up with compelling demonstratives and develop a powerful narrative story for the jury.” 

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It’s profoundly troubling that we’re facing this massive climate crisis as a nation and world, and we’re not acting for our children and grandchildren.

Finding Their Way in the World

Mat’s career has always been on a steady trajectory toward public service. Born in Virginia, their father moved the family to Portugal when Mat was three years old to take a position with the U.S. embassy in Lisbon. Their parents hoped to expose them to the family’s Portuguese roots. The family then moved to Gulfport, Mississippi, when dos Santos was 11, which they describe as a significant culture shock.

“I was an effeminate kid who didn’t speak English well, and it was difficult to adjust. I didn’t fit in,” they said. “After growing up in Europe with these images of the U.S. in movies and TV, Gulfport was disappointing. I wasn’t ready for the more challenging aspects of America like racism and wealth disparity.”

The family moved to San Diego when dos Santos was in high school, and they experienced another jolt. “San Diego wasn’t like moving to New York or San Francisco, but coming from Mississippi, it felt like a cosmopolitan city, and I thrived there.”

After studying biology at UC Irvine, dos Santos took an interest in the environment. They worked on environmental impact reports and surveys as a biologist at an environmental consulting firm, and consequently Mat began to think about a career in environmental law.

“I thought that was the direction I was headed, but in law school I fell in love with the idea of the power of constitutional law and litigation,” they said. “And I got very involved in different legal communities, like the International Law Journal and Lambda Legal.” 

Supporting Children's Rights for a Healthy Climate

After leaving MoFo, dos Santos worked for Jazz Pharmaceuticals, then joined the ACLU of Oregon as the state legal director in 2015. Looking for their next challenge a few years later, a mutual friend introduced them to Julia Olson, founder of Our Children’s Trust, who was searching for a managing attorney for the organization. 

“I was coming from this very intense period at the ACLU, which was battling the Trump administration every day, and I felt I needed a break,” they said. “After meeting with Julia, I saw that we shared a vision where the courts could be used to protect the constitutional rights of children in regard to the climate.” 

Our Children’s Trust has received a great deal of media attention for its pioneering legal actions, including Juliana v. United States, which asserts that children’s constitutional rights to life, liberty, and property have been violated by the government’s actions around climate change. They have also been involved in numerous similar cases around the world in which children sue governments for their role in furthering the climate crisis. 

“It’s profoundly troubling that we’re facing this massive climate crisis as a nation and world, and we’re not acting for our children and grandchildren,” said dos Santos. “I initially told Julia I’d help her out for six months then I’ll take some time off. But six months passed, and Julia said she’d love for me to stay, and I agreed. This is the place for me.” 

When they look back over their career, dos Santos advises newer associates at firms like MoFo to take advantage of opportunities when they present themselves. “Don’t be afraid to take big swings,” they said. “If, like me, you’re interested in the nonprofit world, know that there’s tremendous support for pro bono work at Morrison Foerster. Don’t hesitate to bring a case to the pro bono committee where a worthy cause could receive top-notch legal resources they never would have been able to afford otherwise.” 

Looking ahead, dos Santos’s biggest professional goal is for Our Children’s Trust to succeed in its mission to achieve universal recognition of fundamental constitutional rights for a safe, livable climate. They like to write, and they’re hoping to write more about the young people at the heart of their cases and the trauma they’ve experienced due to the changing climate. “I'd love to write a manual about how to be a trauma-informed lawyer that other nonprofits could use that would be available to other organizations for free,” they said. 

Dos Santos is also interested in teaching some of the concepts and strategies they’ve learned. “I’ve received so much from more experienced attorneys over the years, and I feel it’s important to give back to the legal community.” 

Outside of their work, dos Santos enjoys time with their partner, Clay, their dogs, family, and the outdoors. “Clay and I love to hike and backpack. We’ve been lucky enough to backpack along the Continental Divide, the Pacific Crest Trail, and Denali National Park. We want to experience getting away from the world for a while and appreciate the natural beauty of the world we’re fighting for.” 

Learn more about 
Our Children's Trust

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