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Limited Legal Services: Is it Worth it?

Limited Legal Services: Is it Worth it?. Robert Bickel Student Author, Columbia University School of Law, 2006. Thesis. Due to the characteristics of the indigent community, the provision of limited legal services is not only inefficient, but fails to achieve its own

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Limited Legal Services: Is it Worth it?

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  1. Limited Legal Services: Is it Worth it? Robert Bickel Student Author, Columbia University School of Law, 2006

  2. Thesis Due to the characteristics of the indigent community, the provision of limited legal services is not only inefficient, but fails to achieve its own goal of providing real help to more clients. The Legal Services Community should abandon the current emphasis on serving more clients and limit the number of clients served to the number that can be served fully.

  3. History of Legal Services- LSP • LSP attorneys litigated between 17% and 28% of the cases they handled. • From 1965-74, LSP sponsored 164 cases that reached the Supreme Court and established precedents that now protect indigent people, such as the warranty of habitability implied in all apartment leases. Javins v. First Nat’l Realty Corp.

  4. History of Legal Services- LSC • In 1996, the LSC budget was cut from 400 million to 278 million. • LSC attorneys prohibited from collecting attorney’s fees. • LSC attorneys prohibited from participating in class actions, welfare reform advocacy, affirmative lobbying, and rulemaking.

  5. Current State of Legal Services • LSC budget in 2003 was 338 million, and there were 48.7 million people potentially eligible for services, which works out to $6.96 per person. • Regardless of scarce resources, LSC tries to increase the number of individuals that it serves and does so by offering limited legal services. • In 2003, LSC attorneys only litigate 9% of the cases they handle.

  6. Is it Worth it? The Vulnerable Low Income Community • Mr. Wendal • Children, minorities, immigrants, disabled • Lacking cars, internet, phone, computers, political power • Not a “legal” problem but LSC should assist • Low income v. moderate income

  7. Limited Representation • Limited Representation • What is it? • No duty to obtain desired result • Welfare example • Individual is left alone

  8. Limited Representation • Hotline Example • As of 2002, 140 hotline services in 45 states • “Catchment Area” • Services • Writing letters • Making phone calls • Triage Clients • Echols and Gordon Survey-over 2,000 hotline callers • 36% advice about court proceeding • 33% advice about dealing with a private party • 41% referred to another agency • 4% write a letter or call on their behalf • 48% unfavorable outcome/52% favorable outcome

  9. Limited Representation • Unfavorable Outcomes • Non-English speaking • Less than 8th grade education • Problems with transportation, reading/comprehending English, stress, fear, and other personal factors • 37% did not even understand • Those that needed held most did not get it • Limitations on Hotline • Relative less complex issues • Individuals not being reached after first contact • 10% population with income in lowest quintile

  10. Problems Inherent in Limited Legal Services • Special Needs of the Low-Income Community • Lack of access, money, language skills, education, child-care, transportation needed to self-represent • Do limited legal services fail to consider the characteristics of the low-income community? • Vulnerability open to exploitation • Examples: Immigrants to ICE; criminals to the Police • Social conditioning  lack of feeling of entitlement to Legal Services • Advice on how to self-represent or actual representation? • Class site visits • Obstacles to self-representation (see above) • Legal knowledge or lack thereof

  11. Problems Inherent in Limited Legal Services • Do limited legal services fail to address the root of the problems of low-income communities? • What is the goal of legal services? • Providing services • Impact work • The bigger picture: discrimination, structural reform • Goldberg v. Kelly • Kelo v. City of New London

  12. Problems Inherent in Limited Legal Services • Is Limited-Services Representation Inefficient? • Medicaid kidney transplant analogy  LSC guidelines suggest that anyone at 125% and below of poverty level is provided with legal services… how many of these individuals actually get a lawyer? • “Illusionary Access?” • Logistics/Program rules and guidelines • Limiting the population eligible for Legal Services • Limited intake hours/waiting lists • Convenience for certain low-income individuals?

  13. Problems Inherent in Limited Legal Services • Is triage a solution? • What does “legal triage” entail? • Making a determination about who has barriers that would make it most difficult to succeed without full representation? • What “barriers” to successful self-representation should be given more weight? (i.e, limited English skills vs. complex legal problem vs. disabled)

  14. Conclusion • More is not always better • Mr. Wendal • First LSP • Suggestions • Hotline follow up • Higher level of services for fewer clients • Helping all or helping half?

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