Providing Legal Services to the Poor

1. Except for cases involving actual loss of liberty (i.e., commitment to a mental hospital), the Supreme Court has not recognized a constitutional right to a lawyer in civil cases.

2. Beginning in 1965 with the Office of Legal Services, and continuing to this day through the Legal Services Corporation, federal funding has supported the provision of some legal services to the poor. It is estimated that around 2400 offices in the country (with about 4800 lawyers and 2000 paralegals) are supported by the Legal Services Corporation. In addition, states, non-profit organizations, and individual lawyers and law firms provide legal assistance to the poor. About 130,000 lawyers take some pro bono or reduced-fee cases each year.

Range of Cases
3. Many Legal Aid offices provide assistance with domestic relations, landlord tenant problems, consumer affairs, and government benefits issues, such as Social Security and Supplemental Security Income, Medicaid/Medicare, Welfare, and Food Stamps.

4. Some Legal Aid offices specialize. Examples include legal services for the elderly, such as wills, advance directives, guardianships, nursing home cases, and Medicaid issues; domestic violence services; and assistance with housing matters and even legal aid for the arts.

Eligibility and Cost of Services
5. To be eligible for services, clients must be low-income according to the financial guidelines, such as family income that is no greater than 125% of the federal poverty guidelines. In addition, because the demand for services is greater than available resources, each organization has case guidelines which determine that certain cases have priority. Generally, cases which will enable clients to obtain “basic needs” such as food, shelter, medical care, and freedom from domestic violence have the highest priority.

6. If clients are eligible, there is no initial charge. They may, however, be required to pay certain court costs and expenses related to their case.

Legal Services Corporation (LSC)
7. LSC is a private, nonprofit corporation established by Congress in 1974 to ensure equal access to justice. It provides legal assistance in civil matters to low-income individuals. Congress created LSC to ensure that at least a minimum level of access was available everywhere in the United States.

8. There are currently 40 million Americans at or below the poverty level. In 2000, LSC-funded offices handled more than one million civil cases. More than two-thirds of LSC clients are women—most of them mothers. The legal problems faced by those living in poverty can have serious, long-term consequences for children, and as a result, for society as a whole.

9. LSC-funded programs do not handle criminal cases. In addition, in 1996 a series of new limitations were placed on LSC-funded programs. Among them are prohibitions on class actions, collection of attorneys’ fees, rulemaking, lobbying, litigation on behalf of prisoners, representation in drug-related public housing evictions, and representation of certain categories of aliens.

Pro Bono Publico
10. Many lawyers and law firms donate a portion of their time to take on worthy cases at no fee. Bar associations often help establish pro bono programs.

11. Pro bono lawyers may represent individual clients who have problems with domestic, housing, medical, or consumer issues. Or they may take on class action cases, or advocate for changes in the law. Others may provide legal assistance to non-profit organizations that serve the poor.

Need for Legal Services
12. Legal aid and pro bono combined fall far short of meeting the legal needs of the poor. Estimates are that no more than one out of every five poor person with a legal problem obtains help from these resources.

Discussion Questions

1. Who should be responsible for providing counsel to the indigent and working poor in civil cases: The federal, state or local governments? The legal profession?
2. Should there be more ways for the poor and low-income individuals to resolve civil disputes without the services of a lawyer?
3. Should law schools be required to provided clinical education providing counsel to indigent clients by law students in actual cases, under the supervision of law professors? Should all law students be required to participate in order to graduate?