Legal Aid in the United States

Introduction

It has been widely estimated for at least the last generation that all the programs and resources devoted to ensuring access to justice address only 20% (Legal Services Corporation, Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low Income Americans, 2009, p.13) of the civil legal needs of low-income people in the United States. This is difficult to understand in a nation dedicated to the rule of law and to the principle of justice for all.

Nearly a million poor people who seek help for civil legal problems are turned away because of the lack of adequate resources. The justice gap represents the difference between the level of civil legal assistance available and the level that is necessary to meet the legal needs of low-income individuals and families. According to the Legal Services Corporation’s 2009 report Documenting the Justice Gap in America, 50% of all those who sought legal assistance from the Legal Services Corporation grantees were turned away because of the lack of adequate resources. That means for every client served by the Legal Services Corporation programs, another person who seeks help is turned away.

State studies consistently show a higher percentage (80%) of the civil legal needs of the eligible population are not being met. A recent study by the Boston Bar Association found that in Massachusetts civil legal aid programs turn away 64% of eligible cases. Nearly 33,000 low-income residents in Massachusetts were denied the aid of a lawyer in life-essential matters involving eviction; foreclosure; and family law such as cases involving child abuse and domestic violence. People seeking assistance with family law cases were turned away 80% of the time.

New York’s recent findings confirm national data that less than 20% of all civil legal needs of low-income families and individuals are met. In 2013 more than 1.8 million litigants were not represented by counsel in civil proceedings in New York’s state courts.

In New York City:

91% of petitioners and 92% of respondents do not have lawyers in child support matters in family court.
99% of tenants are unrepresented in eviction proceedings.

In New York State:

87% of petitioners and 86% of respondents do not have lawyers in child support matters in family court.
91% of tenants are unrepresented in eviction proceedings.

In General

There are legal aid offices (also called legal services) throughout the United States. Legal aid offices are not-for-profit agencies that provide free legal help to people who cannot afford to hire a lawyer. While many legal aid offices only help people with very low incomes, some offices have more flexible income rules.

Legal aid usually handles cases involving:

Domestic violence– if your partner is abusing you, legal aid can help you obtain a protective order, a child custody order and divorce.
Family law– if you have a child custody or divorce case, legal aid may be able to help. Call your local legal aid office or ask the Judge in your case to appoint a legal aid lawyer to represent you in court.
Housing– if you are being evicted from your home or if your house is in foreclosure, legal aid may be able to help.
Public Benefits– if you have a problem with welfare, Food Stamps, Medicaid, Supplemental Security Income (SSI), or Social Security, legal aid may be able to help.

Many legal aid offices may be able to handle other problems including immigration, consumer, and disability issues. Some legal aid offices focus on one area of law, such as disability law, or housing law. Some legal aid offices get funding from the government and that may limit the kind of cases they can take.

Civil legal aid does not handle cases for money damages such as medical malpractice, or car accident cases or traffic violation cases or criminal cases.

Legal immigration status

Each legal aid office has its own rules about who qualifies for its services. However, if some people are a victim of a violent crime or domestic violence, legal aid can help them in any case that helps protect them from the domestic violence or abuse even if they do not have legal immigration status. If they are a victim of domestic violence, legal aid may also file an immigration application on their behalf. Some legal aid offices specialize in a wide range of immigration law issues.

The Legal Services Corporation (LSC) Role

LSC-funded programs help people who live in households with annual incomes at or below 125% of the federal poverty guidelines – in 2015, that is $14,713 for an individual, $30,313 for a family of four. Clients come from every ethnic and age group and live in rural,suburban, and urban areas. They are the working poor, veterans, homeowners and renters, families with children, farmers, people with disabilities, and the elderly. Women – many of whom are struggling to keep their children safe and their families together – comprise 70% of clients.

Legal assistance is necessary to address many issues that affect low-income individuals and families, including:

Family Law: the Legal Services Corporation grantees help victims of domestic violence by obtaining protective and restraining orders, help parents obtain and keep custody of their children, assist family members in obtaining guardianship for children without parents, and other family law matters. Almost one-third of all cases closed by LSC grantees are family law cases.
Housing and Foreclosure Cases: As the second largest category of all cases closed involve helping to resolve landlord-tenant disputes, helping homeowners prevent foreclosures or renegotiate their loans, assisting renters with eviction notices whose landlords are being foreclosed on, and helping people maintain federal housing subsidies when appropriate.
Consumer Issues: Eleven percent of cases involve protecting the elderly and other vulnerable groups from being victimized by unscrupulous lenders, helping people file for bankruptcy when appropriate and helping people manage debt.
Employment and Income Maintenance: More than 15 percent of cases involve helping working Americans obtain promised compensation from private employers, and helping people obtain and retain government benefits such as disability, veterans, and unemployment compensation benefits to which they are entitled.
Helping Military Families: StatesideLegal.org—the first website in the nation to focus exclusively on federal legal rights and legal resources important to veterans – is funded by an the Legal Services Corporation Technology Initiatives Grant. This free service enables military families and veterans to access a wide array of legal information and assistance. The Department of Veterans Affairs encourages use of the website in connection with service to homeless veterans.

Nationally, LSC grantees served nearly 1.9 million low-income persons in 2014. Millions more requested assistance but did not receive it because of the lack of adequate resources.

Legal Aid

Legal Aid in the United States

Introduction

In General

Legal immigration status

The Legal Services Corporation (LSC) Role

Resources

See Also

Further Reading (Articles)

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