This is my first entry for the second Help Us Help Ourselves carnival, which we’re hosting here on March 1. Seeing as how I’m a lawyer, I figured I might as well put my experience to use. This is by no means a comprehensive list, and I welcome any further suggestions in comments. But here are some ideas for finding cheap or even free legal services.
If you belong to a union, your dues may cover basic legal services, so check with your union rep.
The local bar association (and there may be more than one — New York City, for example, has City and County Bar Associations, a Federal Bar Association, etc) should be able to give you the names of attorneys willing to take on pro bono cases. Young attorneys in larger firms, especially, love pro bono cases because they help build practice skills that they can’t get at work, given the nature of their clients and the amount of money at stake. Individual law firms may also have pro bono programs (because they also like it when their associates get practice on nonpaying clients); you could always call to see if they have a pro bono coordinator.
Pro bono cases don’t have to be limited to litigation; you can also get tax advice or set up a corporation/nonprofit, if you can find an attorney willing to help you out. Arts associations are also a good source of legal referrals for artists; many attorneys donate their time to the arts.
Most cities and larger towns have Legal Services or Legal Aid offices, which provide cheap or free legal services to indigent clients. They’re a good resource, though their funding tends to get cut and their resources spread thin. It’s a good idea to consult them even if you think your income makes you not indigent; they can at least refer you to other legal resources.
Law schools are excellent sources of cheap or free legal services while school is in session. Most law schools have clinics in which students get to handle cases under supervision. And some of the cases get quite complicated — when I was in law school, for example, the UM family law clinic was handling the Baby Jessica case for the adoptive parents, who lived in Ann Arbor. There are a whole range of specialized clinics, from general litigation, landlord/tenant, immigration, criminal, family law, and on and on. I did a number of clinics and clinical components in law school, and I handled several landlord/tenant cases, an employment discrimination case, a criminal appeal, a collection action, and wrote a couple of wills. Just keep in mind that it’s best to get in closer to the beginning of the semester, especially if you have a more complicated case, so the students have adequate time to take care of the case. However, if you’re looking at summary eviction and it’s close to the end of the semester, call them anyway — with a compressed time frame, they can likely take you on (or refer you to someone who can).
Incidentally, the will-writing was done through a program at the local VA hospital for AIDS patients. If you’re a veteran, you might want to check with the VA to see if there are any programs that can help you as well.
If you have a claim that could result in money damages, it’s worth it to seek out an attorney who might take the case on a contingency basis, meaning you don’t pay unless you win. However, you will still probably have to pay costs, including filing fees (which are sometimes waived if you can show that you can’t afford them), court reporter fees for depositions, etc. This is where it pays to be realistic about your chances of success. If you’re not going to have a significant payout, and your case doesn’t have a high chance of success, you’re not likely to get someone interested to take the case on contingency. In that case, pro bono or law clinic might be the way to go.
For landlord/tenant cases, try your local tenant’s union. They will likely not be able to offer you legal representation or advice, but they can give you guides to understanding the local laws and any sort of eviction proceedings so you have a better shot of representing your own interests. Plus, they’ve got the inside dirt on the local landlords.
Community groups and neighborhood associations are good sources for information on how to locate attorneys for various purposes.
Also check with any kind of professional association or group you belong to. You never know who knows something you don’t.
Finally, certain types of federal claims — such as civil rights claims, excessive force, wrongful arrest, certain discrimination claims — include attorneys’ fees as part of the award, so it’s easier to find attorneys willing to take them on. There are also advocacy groups, like the Center for Constitutional Rights or the ACLU, which can either take on your case or help you find a good attorney.
But you don’t want bottom feeders representing you, so check with the bar association to see if the attorney you’re consulting with is peer rated. You can also look your attorney up on Martindale Hubbell to see if they’ve been rated (and also to check the bio). The bios on Martindale are self-written and paid for by the attorneys, so not every attorney will be on there. However, it’s a good sorting tool. You can also find attorneys on Findlaw or your state’s bar directory. Though you might not find it under “bar directory” — New York’s state attorney registry, for example, is under the Office of Court Administration. And it doesn’t tell you much, but it will tell you if an attorney is currently licensed.
Oh, and in certain cases, like simple uncontested divorces where there are no custody or property issues, you can get forms and do the work yourself. Should you decide to go to litigation while representing yourself, make use of the pro se office of the court. They’re there to help people representing themselves. But DON’T ask legal questions of the court clerks; they can’t give advice, and they can be a little tetchy because all day long they get people asking them stupid questions. It does, however, pay to be nice to them, no matter how bad YOUR day is.
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In California, I’d advise people to at least track down a legal aid clinic rather than try to do their divorce themselves — we’ve had a few problems with DIY divorces out here lately, and if you screw it up, the state doesn’t track you down to make you do it right.
This may go without saying here, but you can also get help filing restraining orders (also known as orders for protection and/or harassment orders, based on your state) from your local doemstic violence center or sexual assault center. Often, an advocate will help you fill out the forms, notorize it, and file it for you at no cost. If you must go to a hearing, an advocate will often accompany you. Also, some legal aid organizations have VAWA grants to represent DV survivors at hearings and also to represent them in divorce proceedings.
lawhelp is a great resource for legal services (as well as legal rights info)
I don’t know how many other cities have similar programs, but the New York City Bar Association runs a very cool program called the Monday Night Law Clinic.
It works like this: You call the clinic hotline (the phone number’s at the link above), and describe the legal issue you’re dealing with. If it falls within their parameters, they’ll give you an appointment for a free half-hour meeting with a volunteer attorney, who’ll answer your questions and, if you need it, try to set you up with someone who can give you further assistance. The clinic handles a wide variety of problems — including, as they say on the website, “family law, immigration, bankruptcy, employment and landlord-tenant issues.”
My wife is involved with the clinic, and it’s an excellent resource. (They’re always looking for more volunteer lawyers, by the way.)
Beware of the do it yourself forms. I heard recently that someone I know paid $2,000 for one of those do it yourself will kits. The attorney I work for charges $500-750/couple for wills, durable powers of attorney, medical powers of attorney and directives to physicians. $750 is rare and is only for those couples whose wills include tons of trusts and contingencies. Ones where we really have to work.
Very true, gaia. If you’re being asked to pay more than, say, a hundred bucks for DIY legal kits, don’t do it.
Go to Nolo for your legal DIY stuff; their materials are not only excellent, but will tell you when you need to put the book down and get a real lawyer.
In California, county bar associations have referral programs, where for less than $50 you can get a 1/2-hour consulation with a lawyer who specializes in your area.
OUTSTANDING.
I also highly recommend the Nolo series–also the Nutshell series is good if you just want to learn about the law. Go to your local library and look in the law section–quite often there will be a lot of self-help books that will help you get started. Even if you end up deciding you need a lawyer in the end, you will have a much better idea of what can and can’t be done.
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