Legal Aid in Civil Cases Finds Its Advocates
Lorenza and German Artiga raised six children in a rent-controlled bungalow here, their only home since they moved from El Salvador 29 years ago.
So they were stunned this past summer when their landlord served them with eviction papers, claiming that their 12-year-old granddaughter Carolyn, whose mother was killed in a car crash in 2007, was an illegal occupant. Up against a seasoned lawyer and bewildering paperwork, the couple, who speak little English and could never afford a lawyer, would very likely have been forced out of their home and the landlord could have raised the rent for new tenants.
Free legal assistance in noncriminal cases is rare and growing rarer. A recent study in Massachusetts found that two-thirds of low-income residents who seek legal help are turned away. Nationally, important civil legal needs are met only about 20 percent of the time for low-income Americans, according to James J. Sandman, president of the Legal Services Corporation, a federal agency that finances legal aid groups.
Established in 2011, the centre is part of an experiment by the California courts on the benefits of providing more lawyers and legal advice to low-income people in civil cases such as child custody, protective orders against abusers, guardianship and, most commonly, evictions.
The California initiative and similar projects in New York, Massachusetts and elsewhere aim not only to help more needy clients but also to improve guidelines for the unavoidable and often painful legal triage: In a sea of unmet needs, who most needs a lawyer, who can do with some “self-help” direction?