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At least 80 percent of low-income Americans who need civil legal assistance
do not receive any, in part because legal aid offices in this country are so
stretched that they routinely turn away qualified prospective clients, a new
study shows.
Roughly 1 million cases per year are being rejected because legal aid
programs lack the resources to handle them, according to the study, "Documenting
the Justice Gap in America," by the Legal Services Corp. (LSC), which funds
143 legal aid programs across the country.
The 1 million cases do not include the many qualified people who do not ask
a legal aid program for help -- because they do not know the programs exist,
they do not know they qualify or they assume that the help is not available
to them, the study shows. Nor does the figure include people who received some
service -- including simple advice -- but not the level of service that they
actually need, the study found.
Nationally, on average, low-income households experienced approximately one
civil legal need per year. These legal needs arise out of the everyday problems
of poor people -- matters relating to family law, housing, employment, government
benefits or consumer problems, according to the LSC.
Left unresolved, these problems can affect and cost society much more than
the expense of legal services to address them, LSC President Helaine M. Barnett
said.
But only 1 in 5 or less of all problems identified is addressed, either with
the help of a private (paid or pro bono) or legal aid lawyer, the study found.
For every client served by an LSC-funded program, at least one person seeking
help will be turned down.
Poor people also have few options when it comes to legal help. The study determined
that there is one legal aid lawyer per 6,861 low-income clients vs. one lawyer
for every 525 persons in the general population.
Legal aid programs served slightly fewer than 1 million people in 2004, with
family problems representing the largest category of cases (383,484). Family
problems -- including domestic violence and abuse, custody issues, and problems
involving social service agencies -- also represented the largest number of
documented unmet cases (504,312). Housing problems were second, while income
issues were third on the list of cases met and fifth on the list of problems
that were unmet, after consumer issues and miscellaneous legal problems.
The LSC report was the culmination of a year-long study concluded in August
2005. As such, it does not reflect any of the increased need for legal assistance
that will result from the impact of hurricanes Katrina and Rita, not only in
the states where the hurricanes struck but also in states across the nation
where evacuees have relocated, Barnett said in a statement.
The LSC, which is funded entirely by Congress, requested about $363 million
in its 2006 budget request, compared to $352.4 million requested for fiscal
year 2005. Its final appropriation for 2005 was $330.8 million, after two across-the-board
domestic budget cuts.
"The Justice Gap" report concluded that although state and private
support for legal assistance to the poor has increased in the past two decades,
stagnant or declining federal funding and an increasing poor population have
combined to increase the unmet demand.