What Does Legal Aid Do?
By definition, legal aid refers to legal counsel and advice that are given to those who cannot afford it due to financial restrictions. In other words, it is free or low-cost legal help provided by organizations for those in need. Legal aid groups and their lawyers uphold these standards by helping the poor and underserved facing civil matters. This can include issues revolving around business, consumer, divorce, housing, assistance with government-funded programs, payment denial , family law, health, immigration, mental disabilities, social security and trust and estate proceedings.
Even though low-income individuals may suffer the most as it relates to income and accessibility to an attorney, other individuals who may be eligible to use legal aid services include the elderly, disabled, veterans, homeless, HIV/AIDS, and domestic violence populations. Clients are screened through an intake process, and the eligibility requirements vary by service area.
Legal Aid Services Available in Fort Wayne
In addition to the pro bono legal services available through the Volunteer Lawyer Program of Northeast Indiana, residents in Fort Wayne can also turn to Neighborhood Christian Legal Clinic. This organization, based out of Fort Wayne with additional locations in Indianapolis, Montgomery and Allen Counties, aims to provide access to justice for individuals in need of low-cost legal services. Including Fort Wayne, Neighborhood Christian Legal Clinic provides legal aid services to Indiana residents living in the following counties: The location of this organization in Fort Wayne makes it particularly convenient for families in need, as it specializes in a number of areas, including family law, housing, consumer rights and bankruptcy.
Family Law
The Family Law Service offered through Neighborhood Christian Legal Clinic helps in the following areas:
Housing
Neighborhood Christian Legal Clinic’s housing services include representation in disputes with housing authorities, eviction notices, hearings and appeals, mobility issues, and other housing-related legal issues.
Consumer Rights
As the name suggests, this service involves consumer protection under state and federal laws. Counseling on consumer debt issues is offered, as well as representation in cases of collection actions, garnishments and court judgments.
Bankruptcy
This pro bono service offered by Neighborhood Christian Legal Clinic includes representation in bankruptcy filings, as well as preparing and counseling on Chapter 7 and Chapter 13 filings.
Eligibility Criteria for Legal Aid
In Fort Wayne, you must meet certain criteria to qualify for legal aid. First, you must be able to show that you have a financial need. Legal aid is designed for individuals and families who cannot afford legal counsel in their current situation. Each legal aid organization serves a wide range of clients depending on their finances. At all legal aid organizations, these clients are called "low-income clients."
When looking at your financial need, the legal aid organization will review your income, assets, employment situation, family size, and other criterion. Though each organization is different, the general income guidelines for most are as follows:
Very-low-income: Your income and your family members’ income is 125-150% of federal poverty guidelines. Low-income: Your income and your family members’ income is 151-200% of federal poverty guidelines.
In addition to meeting the above-mentioned income requirements, you must also be facing one of many common civil legal problems. Common civil legal problems include the following: Child custody, visitation, and parenting time Guardianship for minor children or adults Divorce (including separation) Dissolution of domestic partnership Preventing domestic violence or harassment Obtaining Social Security or government benefits Employment termination, discrimination, workers compensation Eviction and foreclosure Consumer debt collection defense Bankruptcy Public assistance, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) Special Education and Individualized Education Programs (IEP’s) Immigration (limited scope only)
Legal Aid Providers in Fort Wayne
Individuals seeking legal aid in Fort Wayne, Indiana, have several options available to them. One of the prime sources of legal aid is the Indiana Legal Services organization. Its primary office in Fort Wayne is located at 301 E. Superior St., Suite 103. It provides legal assistance on matters pertaining to family law, consumer law, public housing law, and child advocacy to low-income residents of Allen, DeKalb, Noble, Steuben, Wells, and Whitley Counties.
Another source of free legal assistance is the Allen County Bar Association Lawyer Referral and Information service. In addition to referrals to attorneys, it may also refer clients to other access to justice organizations. The referral may connect individuals with pro bono services or with low-fee services.
The American Bar Association maintains a legal referral directory containing listings of free legal clinics, legal hotlines, and legal service organizations. The listing includes more than two dozen entries for Fort Wayne lawyers who offer their services pro bono. Additionally, there are more than a dozen local and state bar associations that operate pro bono programs, together with 14 law schools, each of which has unique pro bono opportunities.
Immigrants may seek assistance through the Immigrant Justice Program at Catholic Charities of Fort Wayne-South Bend. It acts as an advocate for immigrants and immigrants facing deportation. It can also help immigrants obtain a green card and avert deportation.
Legal Aid Application Process
The process of applying for legal aid is not as painful as you might imagine. It does take some time and thought, though. To start out with, the legal aid office in Fort Wayne will probably ask you to make an appointment. Appointments are by phone or in person, depending on the office you choose. If you need immediate help, it’s better to either call or just show up.
Then you’ll be asked to fill out a form, typically online. Along with your form you will be required to submit any documents that pertain to your case. To help expedite the process, it’s important that you have these documents ready to go. You will still be able to apply without documentation but it may delay the process.
Once submitted , an attorney from the legal office will review your form and documentation. They will also check your finances to determine if you fit the guidelines. Your income should be less than the federal poverty level to qualify for legal aid.
If you qualify for assistance, your application will be forwarded to a local attorney. However, if your application doesn’t meet the guidelines, then it will be denied. Your time frame for processing will also depend on whether or not you qualify immediately.
All applications are reviewed, so be prepared to wait for a while. The reviews could be a few hours or they could take a day. So if you haven’t heard from someone right away, don’t panic. When your application is reviewed, a decision will be made, and then you will be contacted.
Advantages of Legal Aid
The advantages of legal aid extend beyond the resolution of individual cases. Legal aid provides the opportunity to seek assistance and protection for vulnerable individuals who cannot afford an attorney. This ensures that access to justice is not solely the privilege of those with sufficient resources. Additionally, legal aid can lead to policy reform and systemic improvements through advocacy efforts. By identifying trends and issues faced by multiple clients, legal aid organizations can effectively address broader concerns on a community or national level.
One successful example of the impact of legal aid is in the area of family law. Studies have shown that women who receive legal representation during divorce and child custody proceedings are more likely to obtain favorable child support orders and retain custody of their children. This not only supports the individual parent but also improves the wellbeing of the children involved.
In another instance, legal aid organizations across the country have helped to end wrongful foreclosures through litigation. In some cases, they have secured settlements that resulted in financially vulnerable families receiving loan modifications and financial assistance. These outcomes have helped to stabilize the housing market and prevent the displacement of vulnerable families.
Legal aid also plays a key role in protecting the health and safety of low-income individuals. For example, legal aid attorneys have helped victims of domestic violence obtain protective orders and secure rental units that do not expose them to further harm. In such cases, legal aid services help to prevent homelessness, promote physical safety, and improve mental health.
These examples underscore the importance and effectiveness of legal aid, both on an individual and community level.
Challenges Faced by Legal Aid in Fort Wayne
The Fort Wayne legal aid scene is not without its hurdles. One of the most significant challenges faced by these agencies is the issue of funding. Non-profit organizations are always at the behest of the almighty dollar, and unless one is operating as a for-profit entity, financial support can often be spotty.
The Legal Aid of Northwest Indiana, for instance, received $648,191 from the Legal Services Corporation in 2014, which represented about 27% of its total funding. The remaining money came from the State of Indiana, local bar associations, client payments and donations. The Fort Wayne Office of the Indiana Legal Services, Inc. (ILS) also relies heavily on the Legal Services Corporation for funding. In 2014, it received $652,065 from the corporation. Like the Legal Aid of Northwest Indiana , ILS gets additional support from a variety of sources including the state and interest on lawyer trust accounts. Many free or reduced price legal resources are offered through ILS, but general resource problems exist. First, there is a major need for volunteer attorneys and other professionals that can work on a pro bono basis to help serve Fort Wayne’s indigent population. If you’re a lawyer, accountant or paralegal and are interested in volunteering your services, you can check out their website for opportunities. ILS is able to offer help to about 3000 clients every year, which represents around 10% of those in need of legal assistance in the area. Legal Aid of Northwest Indiana has limited resources and assists only about half that number of individuals. Legal aid is an invaluable resource for those who cannot afford to hire an attorney. Even so, the Fort Wayne legal aid has its challenges.