Friday, March 14, 2008

When You Can't Afford a Lawyer

If you can't afford a lawyer to represent you in court or during negotiations, don't give up. You're hardly alone.

In many communities, for example, more than 60 percent of divorce cases filed involve at least one side without a lawyer. Many find that when they most need a lawyer are exactly the times when they can least afford one during divorce, injury, illness, job loss or the death of a loved one.

There are, however, some options for finding free or inexpensive legal help.
Federally Funded Programs

There is a national network of legal services offices receiving federal funds to provide free legal help in civil (not criminal) cases to low-income people. Services are generally provided by staff attorneys and sometimes paralegals with experience in certain areas, such as divorce, landlord-tenant problems, subsidized housing, public assistance, Social Security and unemployment.

A legal services lawyer may also be able to point you toward nonlegal help such as temporary housing, domestic violence shelters and food banks. Most legal services offices set an income limit to qualify for their services. Some programs also consider all your assets, regardless of how much money you're making. Check your local phone directory under "legal services" or "legal aid."
Pro Bono Programs

Many state, local and county bar associations have "pro bono" ("for the good" in Latin) programs manned by local attorneys who've agreed to provide free legal representation to those who qualify, either because of income or circumstances, such as AIDS, a battering husband, being over 65, etc. As with legal services offices, you may have to prove your income level as well as the value of your assets.
Self-Help Clinics

Some local and county bar associations put on free self-help clinics, where volunteer lawyers answer questions and help with forms. These often occur weekly or monthly. You may get to talk with an attorney individually, or you may be part of a large group, asking questions within earshot of others.
Courthouse Facilitators

Increasingly, county courthouses have facilitators to help people process their legal claims. Check with your local bar association or courthouse to see what's available. At a minimum, a courthouse facilitator can help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
Public Defender Organizations

All states have networks of criminal public defenders who provide free or low-cost legal help to defendants in criminal cases. People have to meet income eligibility requirements, so must document their income (or lack thereof).
Low-Cost Legal Programs

More and more programs are available for people who earn too much to qualify for legal services or pro bono programs, but don't make enough to hire an attorney at traditional rates. If you fall in this category, which a lot of us do, there are telephone hotlines that charge by the minute and sliding-fee programs to get you the advice and representation you need at the lowest price possible.
What To Expect

Don't be put off by run-down furniture or a casually dressed attorney who looks young enough to be your kid brother. Remember that the limited money available to fund these programs goes directly to office supplies and other overhead.

The lawyer you see may have an astoundingly large caseload or may be helping low-income clients in addition to his regular paying clients, so be patient if you have to wait to see him or if he doesn't return your calls right away.

It's helpful to write down a chronology of events of your case and also provide the attorney with copies of everything related to your case contracts, receipts, bills, whatever. When talking with the legal services lawyer, keep your description of the problem to the facts and don't wander onto tangents.

And don't fret that a lawyer might look down on you just because you're broke. Chances are, he has a family member or friend in the same situation, or has even experienced financial woes himself.
(source: lawyers.com)

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