What Does Legal Aid Entail?
Legal aid is a cooperative effort of community- and state-funded programs, modeled in part on the ideal of an attorney providing free or "pro bono" work, which aims to ensure the right to legal representation for those who have limited income. Its various arms cover many areas of the law where a lawyer is often necessary, from family law and personal injury to criminal law and estate planning. Typically, legal aid offices are nonprofit organizations that serve geographically defined areas, employing an array of attorneys who are generally well-versed in the legal needs of the communities they serve, to offer free or low-cost advice and assistance.
Further , legal aid services include legal information and self-help classes, legal referral services, streamlined courthouse access and even pro bono representation from a small pool of volunteer attorneys. For example, people seeking legal advice in divorces, child custody actions, personal injury disputes, evictions, and other contested matters-we’ll go over some in detail later in this article-are often referred to an aid office to get the services they need.
Appropriately, legal aid’s goal is to help poor, low-income and uninsured members of the community find fair access to justice in legal matters.
Why Legal Aid Matters in Huntsville
For many residents, access to justice is fundamental to maintaining a free and fair society. It is paradoxical and concerning that those who are most challenged, such as low-income families, seniors, children and veterans, are the very same groups that have difficulty securing the necessary legal assistance. As our court system becomes more complex with each passing year, those who lack financial means struggle more than ever to afford a private lawyer. Because the stakes are so high for vulnerable individuals, legal aid services work tirelessly to protect the fragile and ensure equitable access to justice. Legal aid helps our local communities return to stability. By providing accurate guidance and knowledgeable legal counsel, they help clients secure housing, medical treatment, a stable income, safety from violence, family reunification, and better legal outcomes. Legal aid further promotes local economic stability by helping people maintain employment and avoiding costly and detrimental legal battles that can affect whole neighborhoods. Across the United States, there are more than 800 statewide legal aid programs, legal services corporations and community-based organizations, including neighborhood legal clinics. The National Legal Aid and Defender Association (NLADA) promotes quality legal aid and defender services for people who cannot afford an attorney, and provides professional training and rules of ethics. The Association of Pro Bono Counsel creates a network of professionals who make available their expertise to clients who cannot afford counsel from other sources.
Essential Legal Aid Programs in Huntsville
There are several essential organizations that serve the community in Huntsville. Their offerings range from vital legal resources to holistic support for those in crisis.
Legal Services Alabama
Legal Services Alabama provides a plethora of resources and services, including free legal assistance and a library for self-representation. It is constitutively and contractually connected to the Huntsville Legal Services Office in Huntsville and the Huntsville Bar Association. The office has relatively few staff members and is constrained to certain areas of law. Legal Services Alabama is able to offer services across a wide array of legal matters, targeting the specific services in each area with attorneys and paralegals who specialize in that field.
Legal Aid of North Alabama
Legal Aid of North Alabama is a non-profit law firm that serves those who struggle to afford lawyers. They provide a range of free civil services to qualifying individuals. You and your family may be eligible for free legal assistance if you have limited financial resources and are facing a civil legal issue, such as:
Domestic Violence Intervention Services
The Domestic Violence Intervention Services (DVIS) provides ongoing services for victims of domestic violence. This association advocates for victims of domestic violence and sexual assault and coordinates direct health services, information, and referral services. The organization works with the: Alabama Coalition Against Domestic Violence, Crisis Services of Huntsville, Family Security Centers, Legal Services Alabama, Huntsville Police Department Domestic Violence Unit, Madison County District Court, and Family Court.
Eligibility Criteria for Legal Aid Services
In order to receive legal aid services in Huntsville, applicants must generally meet several criteria. For the most part, these criteria fall into four categories: income, residency, case type and the availability of other local legal aid resources. As with all aspects of legal aid services, there are often exceptions to the rule, so it’s always best to consult directly with the organization or office you plan to get in touch with. The information below should be used as a general guideline only.
Most legal aid organizations seek to serve low-income individuals, families and groups. To that end, income level is one of the most common eligibility requirements, and most programs focus on below-poverty and/or no- to low-income individuals. In Huntsville, Legal Services Corporation of Alabama’s Huntsville office, for example, requires that individuals seeking services be over the poverty line but seeking aid, and families or side interests apply as a household rather than by individual income. As of April 2020, the poverty line established by the United States Department of Health and Human Services for the Huntsville area was $12,760 for a single individual, and $26 , 200 for a family of four. Additional information on poverty guidelines for the U.S. will be updated periodically.
In the majority of cases, people residing in the Huntsville area will be required to live within the Huntsville area (or the organization’s coverage area) in order to receive legal aid services. There are, of course, a number of exceptions to this general rule, and the specific terms will vary among each Huntsville-area legal aid organization.
Certain types of cases are not eligible for representation via legal aid. This includes some criminal cases, and most personal injury and malpractice cases. It’s generally a good idea to consult with the organization regarding exceptions, particularly if a no-win, no-fee agreement can be agreed upon by both parties.
As with income levels, residency and case type requirements, there are also provisions for legal aid in civil matters in instances where there may be no public resources available. Some legal aid offices require individuals to exhaust all public resources before receiving assistance. In these circumstances, it’s particularly important to check in with the office before proceeding with attempts to find legal aid.
Applying for Legal Aid in Huntsville
The process to apply for legal aid services in Huntsville, AL is straightforward. Most importantly, legal aid eligibility is based on income, so the first step is to make sure you meet the qualifications.
1. Check Income Eligibility
Most legal aid services are available to individuals or families living below a certain income threshold. By way of example, AL-ACAP provides services to households with an income of 125% or less the federal poverty level (though programs may vary). Be sure to check the specific income requirements for each program.
2. Gather Necessary Documentation
Legal aid providers will usually require documentation verifying eligibility. Make certain you have the necessary documentation to show you are eligible for the legal aid services requested. Documentation may include income tax returns, pay stubs, W-2 forms, Social Security statements, lease agreements, or other documentation.
3. Contact the Right Organization
All legal aid organizations in Huntsville and the rest of Madison County in North Alabama are not the same. Each has its own areas of practice and programs. For example, AL-ACAP primarily assists clients with civil legal issues, while the Volunteer Lawyers Program primarily helps with civil legal needs and the Madison County District Court Help Desk offers assistance for domestic relations, landlord/tenant, and small claims cases. It is essential to choose the right organization for your needs.
4. Initial Intake
The initial intake process differs by organization. You may be required to fill out and submit an application online, or a staff member may contact you for an initial phone interview to discuss your situation. During this phase, it is crucial to be ready to provide the documentation mentioned above to verify your eligibility.
5. Waiting Period
Typically, if you are eligible, a staff member or volunteer attorney will follow-up with you to determine the extent of your needs and how the organization can help. Even if eligible, you may have to wait some time before receiving services. Many attorneys provide basic consultations or information via phone, while others refer suitable cases to volunteer attorneys or pro bono efforts. If you are referred, a lawyer may be available through the system within 48 hours.
Other Options Besides Legal Aid
If you do not qualify for legal aid, or need legal services that legal aid services cannot provide, there are several alternatives in Huntsville, Alabama. Pro bono services refer to legal work done by attorneys at no cost to the client. The Pro Bono Resource Center of Alabama provides a database of Alabama pro bono programs. Most programs assist with family law matters such as divorce and adoption, as well as bankruptcy. Some programs will offer free services in criminal law cases. Legal clinics provide limited free legal help , focusing on a specific area of law on certain days. For example, the Huntsville-Madison County Public Library holds a free legal clinic to assist those in the community with their legal troubles. During this bi-monthly event, a local attorney volunteers their time and knowledge to help for approximately two hours. Low-cost legal assistance programs offer reduced legal fees, usually based upon the applicant’s ability to pay. The Madison County Volunteer Lawyers Program provides a directory of local volunteer lawyers who charge reduced fees for legal services.