Legal Aid Explained
Legal aid is a term that essentially encompasses a variety of services supported by the government or non-profit organizations that can help provide assistance for low-income individuals. The objective of the legal aid program is to ensure equal justice under the law, providing support for cases where it is not possible for people to represent themselves and where they cannot afford a lawyer for representation. Legal aid programs are typically free of charge or provided at a very low cost. The legal aid system has existed in some for since the late 1800s, and as one might imagine, much of the work provided is centered on criminal defense . However, almost half of all lawyers who provide pro bono legal work do go into civil law, helping low-income families with issues relating to family law, consumer and bankruptcy issues and debt collection defense, and housing and landlord-tenant issues. Although there are some differences in the way legal aid services are administered from state to state, most of the time these non-profits are usually governed by the American Bar Association, which makes sure that the federal funds that are distributed are not mismanaged by either the staff or the board of directors.
Types of Legal Aid in Baton Rouge
In Baton Rouge, there are several legal aid organizations that provide resources to qualifying individuals and families. These organizations must be non-profit, either public or privately funded, but all tend to offer legal services or assist individuals in finding the right legal representation.
Louisiana Legal Services offers civil legal aid for issues such as housing, education, welfare, family matters and domestic violence cases. The services are free to qualifying individuals who have incomes at or less than 125 percent of the federal poverty guidelines. Legal services are available in French and Spanish, and there are additional support services such as domestic violence and homelessness prevention programs.
Another organization that offers a wide range of legal assistance is the Legal Services Corporation. This non-profit corporation is funded largely by U.S. Congress-granted funds. The LSC funds approximately 134 legal aid organizations across the U.S. In Louisiana, they fund The Odyssey House of Louisiana, North Louisiana Legal Services and Acadiana Legal Services Corporation, among others.
The Southern University Law Center is another potential option for legal aid help in Baton Rouge. The student-run Civil Litigation Clinic and Criminal Litigation Clinic offer free legal representation in family law, consumer, housing and criminal defense. The Family Violence Clinic also handles clients in need of help with domestic abuse situations.
Who is Eligible for Legal Aid
The eligibility criteria for obtaining legal aid through the Legal Services of the Capital Area (LSCA) in Baton Rouge are relatively straightforward. Generally, applicants must have a low income. While there is no hard and fast rule about what constitutes a "low income," qualifying families make typically make less than 125% of the federal poverty level. It’s also important to note that the family unit is defined much more broadly than it may be in other situations. When you apply for legal aid, the LSCA will consider all of your relatives, not just your immediate family, as members of your household.
Beyond economic criteria, the LSCA also only considers cases that meet certain legal conditions for legal aid. Family law cases, such as child support disputes, divorce, domestic violence or paternity suits, and housing law cases, such as tenant eviction disputes, are common areas of focus. The LCC also accepts some cases related to veterans’ benefits, including Chapter 7 bankruptcy filings and some tax and bankruptcy cases.
There are a few types of cases that LSCA doesn’t take. These include criminal cases, such as allegations of shoplifting, personal injury disputes, professional ethics matters and any case where money or property is worth more than $25,000. Because the LSCA has limited resources, they typically do not offer assistance on non-legal issues, such as finding a job.
How to Get Legal Aid
The process of applying for legal aid services in Baton Rouge can seem daunting, but with the right steps, you can secure the help you need. First, you should contact a legal aid provider in your area to find out if you are eligible for their services. You can do this via phone or online. Be prepared to answer questions about your income, household size, and the nature of your legal issue.
Once you have confirmed that you qualify, the next step is to gather the necessary documents. Legal aid providers may require different types of documentation, such as identification, financial records, and case-related materials. It’s a good idea to keep these files organized and easily accessible.
After your initial consultation with the legal aid provider, you will likely need to fill out an application form. This form typically includes questions about your personal information, financial situation, legal issues, and the type of assistance you are seeking. Make sure to provide accurate and comprehensive answers to all questions, as any discrepancies could affect your eligibility.
Once you have submitted your application to the legal aid organization, it may take some time before you hear back about your eligibility and available services. Be patient and have realistic expectations, as legal aid is often limited and in high demand.
If you are accepted into a legal aid program, you will be contacted by an attorney or paralegal who will help you with your case. They will provide instructions on the next steps to take, and you can begin to work toward resolving your legal issue.
Advantages of Legal Aid
For those who face financial barriers to legal representation, accessing legal assistance can prove to be difficult, if not impossible. Legal aid organizations in Baton Rouge are designed to streamline the experience of reaching one’s legal goals. Whether that means putting someone into contact with an attorney, providing essential legal education, or offering pro-bono counsel for equitable legal representation, legal aid organizations exist to help low-income individuals and families.
Affordability is certainly one of the primary benefits of legal aid, especially in a state like Louisiana that has one of the highest rates of poverty in the nation. It is also essential to note that legal aid is not exclusive to those who live at the federal poverty level; many programs are more flexible in this regard . Still, legal aid services are explicitly designed to be affordable, if not entirely free for the client. This, combined with the fact that legal aid organizations are typically backed by state or local grants, means that clients can expect professional, experienced legal support without the burden of excess fees.
Considering the many areas of life in which access to sound legal counsel can be critical, legal aid also supports individuals and families throughout various personal and financial hardships. In Baton Rouge, residents can access legal aid for issues involving family law, housing conditions, employment disputes, consumer debt, guardianship, immigration, and many other facets of life. There are legal aid organizations throughout Louisiana, each of which is dedicated to ensuring that state residents receive fair representation throughout the legal process.
Getting Through Legal Aid: Struggles and Triumphs
The most common forms of assistance come from non-profit providers and law schools. Kitez tells us that the biggest challenges when it comes to seeking help are finding a program that does the kind of work you need done and waiting for help. "Generally, programs run on a first come first serve basis and when a person requests assistance, there may be a waiting period before a person is assigned to an attorney or can request assistance in the self-help section at the court," says Kitez. "However, both of those issues stem from a need for more lawyers to assist low-income individuals." Most legal services providers have similar guidelines regarding case priority, but they will also likely ask if you have worked with another provider. Putting the pieces into place to create a more formal system across the state could help streamline a currently fragmented network of resources that match participants with pro bono lawyers. But what about finding a way to make this work for private practitioners? Rather than reaching out to clients directly, lawyers can help with their willingness to donate time, and make the programs where clients receive aid as equipped as possible. "My hope is that (private practitioners) will see that this type of assistance is important and vital and not just a good idea but a good necessity," says Kitez. "Some may not be able to dedicate 50 hours but can assist as a coach or co-counsel, which is also helpful, particularly in family law areas." In the 19th JDC, more than 1,000 cases were accepted by the Baton Rouge Bar Association; of these, 156 were handled by private practice lawyers. Another way to get involved is to volunteer for a triage clinic. Although they do not happen often, they teach individuals what types of cases can be represented pro bono, which can then give them a foundation to look for the proper resource to assist them.
Legal Aid Testimonials
"After my husband passed away, I couldn’t afford the probate process. I was getting hounded by his relatives to sign a deed to home and let some of them move in. I had no one to help me and didn’t know where to turn. I approached the pro bono program for help. Through their referral I was matched with a caring attorney who made sure that the full probate was done and that the relatives did not become squatters in my home."
— Mary J. Edwards, Baton Rouge
"I went to the local bar association’s pro bono office as soon as I got custody of her. I was scared the parental rights would not be terminated. My attorney was very professional and helpful in doing the adoption process for me. If it wasn’t for her I would never have my baby. I’m 47 years old with health issues. I didn’t want to leave her hanging if something happened to me. Because of her pushy yet soft manner, I feel at peace about my future with my baby girl."
— Tanya M., Baton Rouge
"I was foreclosed on just because I appealed the last charge that came my way . My attorney sat down with me and discussed all my options. He discovered that the mortgage company had collected a hefty insurance policy unbeknownst to me. He demanded that I get all the money back and that my credit report be fixed. I was very pleasantly surprised by the outcome. My credit is perfect now!"
— Bill Douglas, Baton Rouge
"My wife and I are both retired. When I discovered we were getting taxed on our pensions I was furious. I couldn’t envision how we were going to pay that because all we had was Social Security. We finally got an appointment with the tax clinic and they got the whole thing dismissed. I don’t know what we would have done without them."
— Ted S., Baton Rouge
"I was in jail waiting for trial and my lawyer showed up to visit me. He took the time to help me prepare my case, told me what questions to ask the probation officer and helped me with my appeal after the guilty verdict was handed down. He even helped me get an early release to go to rehab. I owe my life to my lawyer."
— John W., Baton Rouge