Limited Legal Services: Is it Worth it? Robert Bickel Student Author, Columbia University School of Law, 2006

Thesis Due to the characteristics of the indigent community, the provision of limited legal services is not only inefficient, but fails to achieve its own goal of providing real help to more clients. The Legal Services Community should abandon the current emphasis on serving more clients and limit the number of clients served to the number that can be served fully.

History of Legal Services- LSP  LSP attorneys litigated between 17% and 28% of the cases they handled.  From , LSP sponsored 164 cases that reached the Supreme Court and established precedents that now protect indigent people, such as the warranty of habitability implied in all apartment leases. Javins v. First Nat’l Realty Corp.

History of Legal Services- LSC In 1996, the LSC budget was cut from 400 million to 278 million. In 1996, the LSC budget was cut from 400 million to 278 million. LSC attorneys prohibited from collecting attorney’s fees. LSC attorneys prohibited from collecting attorney’s fees. LSC attorneys prohibited from participating in class actions, welfare reform advocacy, affirmative lobbying, and rulemaking. LSC attorneys prohibited from participating in class actions, welfare reform advocacy, affirmative lobbying, and rulemaking.

Current State of Legal Services  LSC budget in 2003 was 338 million, and there were 48.7 million people potentially eligible for services, which works out to $6.96 per person.  Regardless of scarce resources, LSC tries to increase the number of individuals that it serves and does so by offering limited legal services.  In 2003, LSC attorneys only litigate 9% of the cases they handle.

Is it Worth it? The Vulnerable Low Income Community Mr. Wendal Mr. Wendal Children, minorities, immigrants, disabled Children, minorities, immigrants, disabled Lacking cars, internet, phone, computers, political power Lacking cars, internet, phone, computers, political power Not a “legal” problem but LSC should assist Not a “legal” problem but LSC should assist Low income v. moderate income Low income v. moderate income

Limited Representation Limited Representation Limited Representation What is it? What is it? No duty to obtain desired result No duty to obtain desired result Welfare example Welfare example Individual is left alone Individual is left alone

Limited Representation Hotline Example Hotline Example As of 2002, 140 hotline services in 45 states As of 2002, 140 hotline services in 45 states “Catchment Area” “Catchment Area” Services Services Writing letters Writing letters Making phone calls Making phone calls Triage Clients Triage Clients Echols and Gordon Survey-over 2,000 hotline callers Echols and Gordon Survey-over 2,000 hotline callers 36% advice about court proceeding 36% advice about court proceeding 33% advice about dealing with a private party 33% advice about dealing with a private party 41% referred to another agency 41% referred to another agency 4% write a letter or call on their behalf 4% write a letter or call on their behalf 48% unfavorable outcome/52% favorable outcome 48% unfavorable outcome/52% favorable outcome

Limited Representation Unfavorable Outcomes Unfavorable Outcomes Non-English speaking Non-English speaking Less than 8 th grade education Less than 8 th grade education Problems with transportation, reading/comprehending English, stress, fear, and other personal factors Problems with transportation, reading/comprehending English, stress, fear, and other personal factors 37% did not even understand 37% did not even understand Those that needed held most did not get it Those that needed held most did not get it Limitations on Hotline Limitations on Hotline Relative less complex issues Relative less complex issues Individuals not being reached after first contact Individuals not being reached after first contact 10% population with income in lowest quintile 10% population with income in lowest quintile

Problems Inherent in Limited Legal Services Special Needs of the Low-Income Community Special Needs of the Low-Income Community Lack of access, money, language skills, education, child-care, transportation needed to self-represent Lack of access, money, language skills, education, child-care, transportation needed to self-represent Do limited legal services fail to consider the characteristics of the low-income community? Do limited legal services fail to consider the characteristics of the low-income community? Vulnerability  open to exploitation Vulnerability  open to exploitation Examples: Immigrants to ICE; criminals to the Police Examples: Immigrants to ICE; criminals to the Police Social conditioning  lack of feeling of entitlement to Legal Services Social conditioning  lack of feeling of entitlement to Legal Services Advice on how to self-represent or actual representation? Advice on how to self-represent or actual representation? Class site visits Class site visits Obstacles to self-representation (see above) Obstacles to self-representation (see above) Legal knowledge or lack thereof Legal knowledge or lack thereof

Problems Inherent in Limited Legal Services Do limited legal services fail to address the root of the problems of low-income communities? Do limited legal services fail to address the root of the problems of low-income communities? What is the goal of legal services? What is the goal of legal services? Providing services Providing services Impact work Impact work The bigger picture: discrimination, structural reform The bigger picture: discrimination, structural reform Goldberg v. Kelly Goldberg v. Kelly Kelo v. City of New London Kelo v. City of New London

Problems Inherent in Limited Legal Services Is Limited-Services Representation Inefficient? Is Limited-Services Representation Inefficient? Medicaid kidney transplant analogy  LSC guidelines suggest that anyone at 125% and below of poverty level is provided with legal services… how many of these individuals actually get a lawyer? Medicaid kidney transplant analogy  LSC guidelines suggest that anyone at 125% and below of poverty level is provided with legal services… how many of these individuals actually get a lawyer? “Illusionary Access?” “Illusionary Access?” Logistics/Program rules and guidelines Logistics/Program rules and guidelines Limiting the population eligible for Legal Services Limiting the population eligible for Legal Services Limited intake hours/waiting lists Limited intake hours/waiting lists Convenience for certain low-income individuals? Convenience for certain low-income individuals?

Problems Inherent in Limited Legal Services Is triage a solution? Is triage a solution? What does “legal triage” entail? What does “legal triage” entail? Making a determination about who has barriers that would make it most difficult to succeed without full representation? Making a determination about who has barriers that would make it most difficult to succeed without full representation? What “barriers” to successful self-representation should be given more weight? (i.e, limited English skills vs. complex legal problem vs. disabled) What “barriers” to successful self-representation should be given more weight? (i.e, limited English skills vs. complex legal problem vs. disabled)

Conclusion More is not always better More is not always better Mr. Wendal Mr. Wendal First LSP First LSP Suggestions Suggestions Hotline follow up Hotline follow up Higher level of services for fewer clients Higher level of services for fewer clients Helping all or helping half? Helping all or helping half?