**Free Legal Services Explained**
The American Bar Association states that free legal aid within the U.S. aims to provide those who cannot afford it with basic legal representation. In the Rochester, NY area, this institution of law is represented by organizations such as The Legal Aid Society of Rochester. Legal Aid provides free legal assistance to qualified individuals based on their financial and legal needs. Some examples of the types of legal assistance that may be provided include representation for certain criminal matters, advice for civil disputes, assistance for identifying other community resources, and mentoring. However , free legal aid is not a blank check for all types of legal services. The program only applies to specific cases and does so under several conditions. Below are a few of the exclusions that may limit your eligibility for free legal counsel.
A professional attorney-client relationship relies on the ability of the accused to pay for all necessary legal services. In turn, if you cannot afford representation and qualify for the free legal services program, there are several conditions for consideration. As per the regulations of New York State, the free legal services program extends to individuals unable to afford legal representation in special circumstances. In these cases, it is your prerogative to apply for free legal aid to receive open representation.
**Free Legal Aid Eligibility**
In order to qualify for free legal services, individuals generally will need to meet certain income or situational requirements that are determined on a sliding scale. This means that people may still qualify for assistance even if they have an income that exceeds the minimums for eligibility. It is important to keep in mind that these requirements vary depending on the service, and because these agencies serve many of the same interest groups, you are encouraged to check eligibility requirements for each service you are considering. Most free legal programs in Rochester require their applicants to be low-income and have financial needs. The exact requirements vary from program to program. In most cases, qualified candidates receive help for family issues like divorce and separation, landlord-tenant disputes, consumer protection, disability cases and tax claim matters. Community legal clinics, which may vary from church-run programs to less formal legal outreach programs, typically do not require any applications or documentation to be filled out or brought with. Walk-ins are often welcome, although if you are aware of the clinic ahead of time, you may wish to call ahead and confirm your attendance.
**Local Free Legal Aid Organizations**
Free legal assistance can often be found through many local and legal organizations that provide a particular service users may not be aware of. For example, Community Legal Services of Rochester offers services for family law, housing, and debt collection cases. Since many who require legal aid tend to fall within the low-income bracket, religious organizations, such as volunteer lawyers who work with the Volunteer Legal Services Project, aim to serve those in need as well.
Community Legal Services of Rochester
CLSR offers legal services through a variety of clinics. These clinics and programs focus on:
• Section 8 – Offers legal assistance to tenants in danger of eviction or that need help in negotiating with their landlords.
• Mortgage Foreclosure – For families facing foreclosure and foreclosure consumer scams.
• SSI/SSDI – Helps individuals who have been denied Social Security Disability Insurance or Supplemental Security Income.
• Family Court – CLSR assists clients with custody, visitation, child support, paternity, and domestic violence cases.
• Chapleau Clinic – Offers legal assistance to families where child welfare agencies are involved.
Volunteers Legal Services Project
The Volunteer Legal Services Project strives to pair low-income residents in the Rochester area with volunteer attorneys who can offer them quality legal assistance. This program helps people with low-income who are seeking legal assistance, as well as those who are disabled. The VLP also focuses on helping clients with:
• Child advocacy
• Debt collection
• Education advocacy for children
• Elder abuse
• Estate planning
• Family law
• Foreclosure
• Guardianship
• Immigration
• Landlord-tenant issues
• Social Security Disability
• Uncontested divorce
Rochester Legal Aid Society
Rochester Legal Aid Society offers legal services on a sliding scale. Some services available to the public include full representation and free legal advice for family and criminal law. Other services may be offered on a low-cost or sliding scale basis.
**Legal Issues Covered by Free Legal Aid**
Types of legal issues typically covered by Rochester NY free legal help programs
Pro bono lawyers or legal assistance may be provided to those who have criminal cases in working with volunteer lawyers practicing in the criminal court at both the City and County courthouse. Other lawyers may prefer to work on more common civil matters that affect those of lower income who need assistance, including: Family law and divorces. Volunteer attorneys can provide guidance on legal separation or divorce. They may provide advocacy services relating to child custody, support, spousal support or visitation. Family law services may be offered by telephone only as of April of 2020. Civil matters . Lawyers may also advocate for clients in consumer credit issues, employment matters, Social Security benefits and veteran’s benefits applications, as well as disability and discrimination issues. Housing cases and related issues. Pro bono and legal assistance may be available to help in housing cases, as well as landlord-tenant law. Services may include eviction and foreclosure defense and related trials, as well as appeals. Immigration cases. Lawyers may offer legal consultation and representation services for immigration law matters, including bond hearing representation, asylum applications, removal issues, immigrant petition assistance and advising on citizenship applications.
**Application Process for Free Legal Aid**
Individuals wishing to apply for free legal services can go to the Legal Aid Society website (or other pre-screening organizations) to fill out an application. There is information on the form regarding eligibility requirements and information needed. Clients will often need to make an additional appointment with the Legal Aid Society, regional office or other organization to review the application. Those clients will be interviewed to ensure that their cases fit into the pro bono program and the program can assist with their legal issues. It is recommended that individuals try to explain their legal issues as clearly as possible and bring any documentation with them to the interview. There may be an eligibility determination made at the interview or the applicant may be notified of the decision later. If an applicant qualifies their case for assistance, it will be referred to a legal services provider for help. If there are no free legal services available to assist in their case, the individual will be notified by letter. There is a link available on the website to view the fee guidelines in terms of income eligibility for the various free legal services programs.
**Self-Help and Other Resources**
If you don’t qualify for free assistance through legal aid, there are still other options in Rochester for obtaining the legal help you need:
Legal Clinics: Throughout the year, New York legal aid organizations host free legal clinics for people who otherwise might not have access to an attorney. For instance, the Legal Aid Society of Rochester provides a free walk-in legal clinic on Mondays from 5:00 p.m. to 7:30 p.m. at the Rochester City Courts Building. Clinics are often organized around specific legal issues—so you will want to check the informational flyers or web sites for both the legal aid organizations and the health and social service organizations that you have been referred to. Ask about what types of clinics in particular you would qualify for and how to register .
Workshops: In addition to legal clinics, various legal aid organizations, social services organizations, and local courts host academic workshops—some of which may be free while others may charge a small fee to cover the cost of materials. In addition to legal workshops, you may also want to investigate other workshops and events that could benefit your legal issue (such as Domestic Violence Awareness Workshops or Housing Workshops).
Online Resources: The Internet is full of legal resources—and although many of them are targeted toward those who can afford an attorney, they are still useful in terms of educating yourself on your legal options and responsibilities. You can read up on basic legal issues on sites hosted by legal aid organizations or law schools, access online law libraries, take advantage of self-service legal tools like legal forms, and more.