Baseline: The Realities of Civil Legal Aid Donny mackenzie

The Justice Gap 7 in 10 low-income Americans say a civil legal problem has significantly affected their lives 86% of the civil legal problems reported by low-income Americans last year received inadequate or no legal help Low-income Americans seek professional legal help for only 20% of the civil legal problems they face. More than 60 million Americans have family incomes below 125% of the Federal Poverty Level. Just 1/10,000th of our $4.4 trillion federal budget is allocated for legal services for the poor 2017 Justice Gap Report, LSC

The Justice Gap When confronted with a civil legal problem, 30% of low-income Americans give and seek no legal redress Only 14% of the persons who reported having civil legal issues during the past year obtained legal help in addressing them. 2017 Justice Gap Report, LSC

LSC 2015 Annual Report 62.5/1.8M = 2.9%

1/10,000 VS. 1/6

“I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice.” Florida Population 20,500,000 Poverty 4,175,270 LSC eligible Lawyers to people 1:205 Legal Aid Lawyers 409 Ratio: 1: 8,802 Aspirations 20 hours or $350 Mandatory reporting Standing committee Circuit court committees Reality 2.2%

The Justice Gap Renters in Colorado who lacked legal representation were evicted 68% of the time from private housing. Meanwhile, those represented by counsel were evicted only 6% of the time. 80% of divorce cases in Florida have at least one self-represented litigant. In many courts, 90% of parties in restraining order matters are unrepresented.

Barriers and challenges

Low-income Americans cannot afford $350/hour Language and cultural barriers Transitory populations Fear (immigrants, migrant workers, domestic violence, children, elderly) Ignorance of rights Lack of societal infrastructure

Trends in Legal Aid Funding National – 50 states

“The first duty of society is justice.” - Alexander Hamilton

“Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists...it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” - Lewis Powell, Jr., U.S. Supreme Court Justice

“Without equal access to the law, the system not only robs the poor of their only protection, but it places in the hands of their oppressors the most powerful and ruthless weapon ever created.” - Reginald Heber Smith, Justice and the Poor (1919)

“There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.” - U.S. Supreme Court Justice Hugo Black (1964)

“But more than anything else, we have learned that legal assistance for the poor, when properly provided, is one of the most constructive ways to help them help themselves.” - President Richard Nixon, 1974

What’s the alternative?

Where do we go from here? Collaboration Economies of scale Technology Societal and political investment Legislation and rule changes Different delivery model A unified voice

Justice Matters. For Everyone. In 1981, the Foundation implemented the nation’s first Interest on Trust Accounts program (commonly referred to as IOTA). Today, all 50 states and the District of Columbia operate programs modeled on Florida's--26 of which are mandatory. Nationwide, the chief beneficiary of IOTA funds is free civil legal assistance for the poor. We all contribute to IOTA, but what does it really do? Let me explain how IOTA really works. Client trust deposits that are determined by the attorney or law firm to be too small an amount or expected to be held for too short a time are pooled into interest-bearing accounts in participating banks and savings and loan associations throughout the State. The interest generated from these accounts is sent to The Florida Bar Foundation to be used for charitable purposes under guidelines set by the Florida Supreme Court and the Internal Revenue Service. With the advent of the global recession, the U.S. Federal Reserve instituted a monetary policy that has held the Federal funds rate near zero for several years. This has had a devastating impact on revenue from Florida’s Interest on Trust Accounts Program, the Foundation’s primary source of revenue. The Foundation board allocates IOTA funds annually. Let’s discuss what the funds support in more detail. For Everyone.

Thank you

Lack of Funding: Florida In 1981, the Foundation implemented the nation’s first Interest on Trust Accounts program (commonly referred to as IOTA). Today, all 50 states and the District of Columbia operate programs modeled on Florida's--26 of which are mandatory. Nationwide, the chief beneficiary of IOTA funds is free civil legal assistance for the poor. We all contribute to IOTA, but what does it really do? Let me explain how IOTA really works. Client trust deposits that are determined by the attorney or law firm to be too small an amount or expected to be held for too short a time are pooled into interest-bearing accounts in participating banks and savings and loan associations throughout the State. The interest generated from these accounts is sent to The Florida Bar Foundation to be used for charitable purposes under guidelines set by the Florida Supreme Court and the Internal Revenue Service. With the advent of the global recession, the U.S. Federal Reserve instituted a monetary policy that has held the Federal funds rate near zero for several years. This has had a devastating impact on revenue from Florida’s Interest on Trust Accounts Program, the Foundation’s primary source of revenue. The Foundation board allocates IOTA funds annually. Let’s discuss what the funds support in more detail.

https://www.law360.com/articles/1094693/legal-aid-funder-faces-existential-crisis-under-trump

https://www.law360.com/articles/1094693/legal-aid-funder-faces-existential-crisis-under-trump