Lawyers are expensive. Unfortunately, most of the punch lines of those all too familiar lawyer jokes are rooted in truth. It’s a rare occasion to have a client who can afford to pay a lawyer hundreds of dollars an hour because really who can? It’s on account of this that the organizations that provide free legal aid are so over taxed. Their resources are limited and accessing them for our client can be a challenge.

Typical Eligibility Requirements

For federally funded organizations, there is typically a restriction that the client must have lawful immigration status (except in domestic violence cases). If it’s a legal issue that affects the whole family, like a housing matter might, having one member of the household who is a lawful immigrant will likely satisfy the organization. Financially, the person seeking legal assistance must be 125% of the federal poverty line or below. Exceptions are sometimes made for people between 125%-200%.

Here are some strategic tips to increase the chances that your client attain free attorney services:

    • First, do the unthinkable and MAKE FRIENDS WITH A LAWYER. I’m kidding. You don’t have to be friends but honestly, make a connection, get familiar. Create a relationship where the attorney relies on your assistance so that you can rely on theirs.
    • Advise your clients to be forthcoming with information during the intake procedure. One has every right to be wary of a stranger asking very personal questions but, in this case, those seeking assistance have to open up. Warn them prior to their call that they will be asked for personal information. Information like social security numbers, employment history, financial status, assets, abuse history, etc. Intake is the first time providers encounter a potential client and impressions are important when resources are so limited. It just makes more sense to take five cases of people who are responsible and organized than to take one case where the client is not cooperative.
    •  If your client is already in court, help them to determine procedurally where the case is. Have them gather all their court documents (anything they have filed, been served with or been given by the judge). Make sure they offer to send these documents to the person doing the intake. If the intake worker wants them, make sure the papers are sent in a timely manner. A lawyer can’t advise your client about their case without all the case information. If your client isn’t sure whats happening in the case, look it up with them on Ecourts using the index number or their name.
    • Lastly and maybe most importantly, shop around. Your client should call all the legal aid organizations in their area.  Go through the intake process with everyone, no matter how tedious. Call the hotline numbers over and over again until you get through. Don’t just leave arbitrary messages on random extensions, tell them to be sure to talk to someone in the appropriate unit of the organization. Its all really comes down to timing. Maybe one organization will have a full caseload when your client reaches them, maybe the next one won’t. Don’t let your client put all their eggs in one basket. (Sidenote: Do this as early as possible. Do not wait until a few days before the court appearance)

For some cases, your client (if they can demonstrate that they are low-income and in need, so bring proof of income) may be eligible for a court-appointed attorney (often referred to as an 18-b). The following are the types of cases in which an 18-b may be supplied: Criminal, Custody, Family Offense, ACS. Children are often assigned their own attorneys (referred to as Law Guardians) for custody cases, ACS and Dependency Court.

On account of the fact that your client may be eligible for an 18-b attorney, in cases like custody and family offense where they cannot find a lawyer to represent them, you might be able to assist them with initiating a case. You can help them to file and effectuate service of the summons so that they can, then, request an attorney at their first court appearance. More information about starting a case here.