What is Legal Aid
Legal aid is a critical service for people who cannot afford to hire a lawyer. In the context of the Department of Justice’s Legal Services Corporation ("LSC"), legal aid refers to free, or extremely low cost legal assistance for low-income clients. Comprehensive legal aid programs started in the 1960s, and the LSC was created in 1974. Since that time, various programs have been enacted on the federal, state, and local levels to fund legal aid programs.
Legal aid organizations serve the most vulnerable members of the community. People living in poverty often cannot afford typical legal services, like: divorce, adoption, bankruptcy, employment matters, housing problems , or criminal defense. These types of matters may be the most pressing issues in a family’s life. Lack of legal representation can be a huge disadvantage and can lead to a very bad outcome. According to the LSC, about one in three people are eligible for civil legal aid, meaning about 862,000 individuals are eligible in North Carolina. Without legal aid services, these folks would be forced to represent themselves in cases against powerful legal forces that could severely harm them. Whole families lose their homes, are subjected to unfair contract terms, are subject to evictions or foreclosures, and courts have scorned self-represented litigants who don’t know proper court procedures. Legal aid helps levee the playing field, so that poor defendants do not lose everything merely because they cannot afford a lawyer.
Durham Legal Aid Qualifications
Eligibility for Legal Aid in Durham, North Carolina
Legal Aid of North Carolina and other legal aid organizations provide assistance in the Greater Durham area to low-income residents in civil legal matters that affect their day-to-day lives, including family law, housing, and government benefits cases. Qualification for legal aid services is mostly determined by income, not by the level of a particular "need" or legal issue. The primary eligibility criteria for legal aid generally includes income levels at or below 125% of the federal poverty guidelines and factors such as type of legal issue, age, and domestic violence status. The federal income poverty guidelines (the "guidelines") are updated annually by the U.S. Department of Health & Human Services and sometimes referred to as the "HHS Poverty Guidelines." The guidelines contain two components: The poverty guidelines and the "poverty line." The guidelines are used to determine eligibility for individuals and families with income that are at or below 125% of the federal poverty guidelines as well as other means-tested programs; the poverty line is the amount of income that is considered as "below the poverty line" used for all other purposes such as related to tax credits or the federal minimum wage. The following table shows the 2019 poverty guidelines applicable to the Durham County area: The poverty guidelines have been in effect since January 18, 2019 and remain in effect until a new set of guidelines are released. The guidelines for 2010 issued in January 2010 remained in effect until January 2014. A new set of poverty guidelines are released and become effective in January each year. The guidelines apply to all counties in the state of North Carolina. Persons in the Greater Durham area may qualify for legal aid despite exceeding the maximum income threshold, such as domestic violence survivors and veterans. The NCProsperity program accepts applications for same-day services for domestic violence survivors seeking temporary protective orders at both the Durham County Courthouse and the Wake County Courthouse. The program also offers application assistance on family law cases, domestic violence representation, and title IV-D issues for residents of Durham. In addition, the Durham Legal Aid Office has a Family Advocate who can assist Davis, Moore, and McDougald Terrace residents who have experienced domestic violence. On April 25, 2018, the Seniors’ Rights Project (part of the Elder Law Project) sponsored a walk-in clinic at the Leonidas S. MacDonald Senior Center to provide legal services and information to seniors 60 years and older with incomes at or below 125% of the poverty guidelines for 2018, or $15,000 for an individual or $22,410 for a family of two. Veterans in the Durham area are eligible for assistance through programs such as the Veterans’ Law Project (in partnership with Duke University Law School), Veterans’ Voices of the Triangle, and the Veterans’ Night Court in Durham.
Legal Aid of North Carolina provides free legal services to low-income individuals and households. The following is an excerpt from the ‘Who is Eligible?’ page on the Legal Aid of North Carolina website: In order to qualify for legal aid, your household must meet these criteria: Be a United States citizen or legal resident. Others may qualify for limited immigration legal aid in specific circumstances. Have a legal problem (non-criminal) that can be handled by Legal Aid of North Carolina. Live in North Carolina. Meet our income guidelines, which are based on the federal poverty guidelines for the current year. Meet our asset guidelines. See our Financial Guidelines for more information on assets.
The eligibility guidelines can be complex. You are encouraged to apply online to determine if you qualify for our services.
Types of Legal Aid Services
Legal aid services in Durham are designed to help low-income people navigate the sometimes confusing arena of the court system. For example, legal aid can provide assistance for people facing domestic violence charges, child custody issues, divorce, or housing issues. The services provided by each organization differ from one another and may change over time as funding fluctuates and needs change.
If you are struggling to afford a lawyer for an immigration case, domestic violence situation, or other civil issue, contact any of the following organizations for assistance:
Legal Aid of North Carolina – Durham Office Legal Aid of North Carolina is a statewide network of attorneys and paralegals dedicated to providing free legal services to low-income people. The Durham office of Legal AID North Carolina serves people in Chatham, Durham, Franklin, Granville, Person, and Wake counties. The organization provides legal advice, full representation in court, and administrative advocacy. The courthouses and administrative agencies that it serves include:
Legal Aid of North Carolina provides help for family law matters involving domestic violence (domestic violence protective orders, juvenile petitions, 50Bs, and criminal charges), separation and divorce, juvenile delinquency, abuse, neglect, and dependency matters, guardianship, adoption, termination of parental rights, and step-parent adoptions.
The organization also provides support for housing issues including landlord-tenant concerns, eviction, unsafe housing conditions, illegal fees being charged by landlords, discrimination in housing, public housing problems, and roommate evictions.
Other areas of concern for which assistance is provided include education rights (school discipline matters, IEP/IEA’s, bullying, educational neglect, truancy, dropped out youth requests for readmission), public benefits (food stamp, public assistance, housing rental assistance, Medicaid and mental health or developmental disability waivers, SSI and SSA disability benefits, unemployment benefits, PEAN, and mortgage foreclosure assistance), safety and civil rights (visas for trafficking victims, domestic violence victims, and immigrant victims of crimes, asylum proceedings, Special immigrant juvenile status, refugee matters, citizenship, criminal records expunction, freedom of speech and freedom of the press, voting rights, malicious prosecution & false imprisonment, and protection from false arrest and motor vehicle searching).
North Carolina Bar Association- Durham County Lawyers Referral Service This program provides free 30-minute consultations with lawyers on a variety of legal issues. The lawyers answer questions and provide guidance on issues ranging from divorce to child custody, to personal injury and more.
North Carolina Bar Association- Durham County Lawyer Consult Program Lawyers in Durham provide low-cost consultations to clients to address legal issues. The fee for the consultation is $50, and the meeting is scheduled for 30 minutes. Consultations can be in person, over the phone, by email, or via letter.
North Carolina Bar Association- Durham County Family Law Primer This program provides legal information to help individuals going through divorce who want to handle their own divorce and obtain all of the forms necessary to do so. Information is typically provided on your decision of whether to hire a lawyer to handle all aspects of the case, or if you should represent yourself.
Legal Services of Southern Piedmont The Legal Services of Southern Piedmont is a network of organizations that work together to offer legal information, advice and advice over-the-phone. Legal aid services are delivered in the following areas: Domestic Violence- Domestic violence, sex offenses, and protection orders for women, children, and men Housing Issues- Eviction, domestic violence housing issues, and foreclosure Benefits- Public assistance, food stamps, Social Services, Medicaid, and unemployment Immigration- Refugee and asylum claims, visas, and deportation Family Law – Divorce, child custody, child support, alimony, and guardianship issues Education Rights- Bullying, truancy, youth experiencing problems with the school system Individual Rights- Consumer problems, problems with the police, prison issues, or military issues The Legal Services of Southern Piedmont also offers self-help centers and community education.
North Carolina Advocates for Justice This statewide organization offers access to information through its online legal aid website. The website offers resources on civil justice, consumer advocacy, special education, and information on how to represent yourself in court. It also offers tax opportunities for lawyers, a pro bono networking service, mediation services, juvenile delinquency services, eviction services, and civil legal and court services.
The North Carolina Trust Fund for Disabled Persons Program The NC Trust Fund for Disabled Perons provides assistance for persons with disabilities. The North Carolina Bar Foundation administers this program. It provides grants and volunteers for programs that benefit disabled people.
Legal Aid Offices in Durham
The capital city of Durham boasts several organizations that provide legal assistance to eligible low-income residents, their spouses and dependent family members. The North Carolina Bar Association provides a list of such facilities in Durham on its website. These include:
– Duke University School of Law Legal Aid Clinic
211 Dyche Street
Phone: 919-613-7174
Office Hours: Varies
This clinic does not generally accept criminal matters unless the defender’s office declines representation. They will assist indigent clients with family law, advanced directive, immigration, limited guardianship and mediation cases, including training on how to represent oneself in family law and mediation issues. This clinic also does not provide advice on land disputes, encroachments or other property issues and cannot represent nonprofits. The clinic is open to serving new clients only once a month on a Saturday.
– DU’s Center for Child and Family Policy
2200 West Main Street, Suite 300
Phone: 919-613-7215
Office Hours: M-F 8:30 a.m. to 5 p.m.
This organization provides juvenile defense services and parental rights termination cases.
– Durham County Department of Public Health
(Child Support Enforcement Agency)
400 E. Main Street
Phone: 919-560-8000, ext. 1515
Office Hours: M-F 8 a.m. to 5 p.m.
TSC public assistance workers accept applications for child support enforcement services. Child support enforcement attorneys primarily deal with court cases but can also offer some assistance in Social Security and unemployment matters.
– El Centro Hispano
2010 Chapel Hill Road, Suite 24
Phone: 919-687-4635
This group accepts consultations for employment law, land use, domestic violence and government benefits. A graduate law student from Duke University provides assistance,
– UNC School of Law, Civil Legal Assistance Clinic
Chapel Hill, NC
Phone: 919-537-0498
This organization helps with exceptional deprivation cases.
– Volunteer Lawyers Network of the YWCA
1408 Broad St.
Phone: 919-688-5066, ext. 212
Office Hours: M-F 9 a.m. to 3 p.m.
This facility is the volunteer arm of both the NC Bar Association and the Durham County Bar Association. It relies on a triage system and will refer potential clients to private attorneys who work as volunteers, to other agencies, or just provide advice and limited assistance to the individual.
– Legal Aid Services of North Carolina
Durham Office
207 N. Church Street
Phone: 919-688-5826
Office Hours: M-F 9 a.m. to 5 p.m.
People seeking assistance with consumer law, employment law, domestic matters, housing, immigration, applying for benefits, and obtaining protective orders can make an appointment to see legal aid attorneys at their offices.
It’s important to note that some of these facilities serve entire counties and may ask people to apply or make an appointment to receive help. Eligibility for assistance at any of the above legal aid groups is based on income.
How to Obtain Legal Aid
Applying for legal aid can seem like a daunting task, but having an understanding of the process can make it much easier. Here’s a step-by-step guide to apply for legal aid in Durham, North Carolina:
1. Determine your Eligibility
Before applying for legal aid, you need to determine if you’re eligible. Most legal aid providers require that applicants meet certain income requirements and demonstrate a financial hardship. If you’re not sure about your eligibility, it might be a good idea to contact a legal aid office for guidance.
2. Complete the Application Form
Each legal aid provider has its own application form that you must fill out. You can often find these forms on their website, or by visiting their office in person. Make sure that you provide all necessary information, as incomplete applications can delay the process.
3. Gather Necessary Documentation
With the application form complete, it’s time to collect the documentation requested by the legal aid provider . This may include proof of income, tax returns, government IDs, and any other documents related to your case. It’s crucial to provide accurate and up-to-date documents to avoid further complications.
4. Submit Your Application
Once you have the form and documents ready, submit your application. Be aware of any deadlines to ensure that your application is submitted in time. Some legal aid offices may allow you to submit your application online, while others require in-person applications.
5. Participate in an Interview
In some cases, legal aid providers will require an interview to discuss the matter at hand in more detail. During this interview, make sure that you are honest and provide as much information as possible. This process helps them determine your needs and the best course of action.
6. Be Patient
After submitting your application, it may take some time for the legal aid providers to get back to you. While you wait, consider gathering any additional documents that could support your case.
Pro Bono Services and Volunteering
The Durham legal community recognizes the importance of increasing access to justice, understanding that legal services are sorely needed in the community. As such, local attorneys participate in pro bono programs and support volunteering opportunities with a variety of organizations within Durham.
The North Carolina Bar Association sponsors numerous statewide programs where volunteer attorneys can provide pro bono services. The Durham County Bar offers a number of events throughout the year to help facilitate this. For example, the North Carolina Bar Association hosts Legal Food Frenzy, where food donated by grocery stores, processors, and farmers is contributed to local food banks. Local attorneys can volunteer their time during the event to pick up food donations from grocery stores and deliver them to the food banks. Many local attorneys also donate their time to help low-income clients with limited scope representation in pro bono clinics like the Saturday morning general clinic at the Durham County Courthouse and legal aid clinics held at the Durham County Library.
The NCBA also houses several organizations that other types of volunteering opportunities for attorneys, such as Lawyers for Pirates, which helps those facing criminal charges recover lost or stolen property. The North Carolina Coastside Project offers a chance to participate in providing legal education and services to coastal communities affected by ocean issues. The North Carolina , and the Elder Rights Project. NCPLA offers training on issues affecting the general public, and connects lawyers with clients who seek limited-scope representation in these areas.
Organizations such as the , the North Carolina Chapter of the National Academy of Elder Law Attorneys (NNALEA), the North Carolina Senior Lawyers Division (NCSLD) of the North Carolina State Bar, the Office of the Public Guardian and the Adults Services Division of the Durham County Department of Social Services seek out and promote volunteer opportunities for local lawyers to serve on boards, improve office operations, advocate at the state level and engage the public to promote guardianships and the importance of engagement and advocacy within the community.
Legal Aid Success Stories and Case Studies
The power of legal aid to transform the lives of vulnerable individuals and communities in Durham is evidenced by numerous success stories and case studies. These examples serve as a testament to the integral role that quality legal services play in serving not only the immediate needs of families but also the broader community by addressing systemic issues.
One such case involved a single mother of three who faced an eviction. Having recently lost her job and fallen behind on rent, the prospect of losing her home would have been devastating, particularly for her children who were already suffering from the emotional traumas of domestic abuse previously. Legal Aid of North Carolina was able to secure a settlement that not only prevented the immediate eviction but also afforded the family a fresh start by referring her to job training resources and negotiating reduced rent.
In another instance , a senior citizen faced foreclosure proceedings due to an unpaid HOA fee. The client’s income was fixed on Social Security and would certainly fall into poverty if he lost his home. Legal Aid attorneys provided counseling, arranged representation at the hearing, and successfully negotiated a stay of the proceedings, allowing the client to pay his annual fee in full and avoid significant unforeseen costs.
A fascinating area of legal aid work involves community development which can create ripple effects throughout the community. Legal Aid of North Carolina provides legal support and advice to non-profits and small business owners struggling to navigate the complex regulations of the Triangle. This assistance is crucial in helping these organizations grow, stabilize, and provide valuable services that the community desperately needs.
Success stories like these abound, but they only exist because hundreds of committed volunteers in the community donate thousands of hours each year to advance the mission of legal aid.