Legal aid companies offer free or low-cost legal services to low-income residents for civil cases such as divorce, landlord-tenant disputes, and bankruptcy. Funding comes from local, regional, or national sources, and eligibility requirements vary by jurisdiction based on income and assets. Services range from counseling to representation by a licensed attorney, and fee waivers may be available. Criminal cases are usually not handled.
A legal aid company is an organization that offers free or low-cost legal services to low-income residents. The types of cases handled by these groups can vary by jurisdiction. The guidelines for qualifying for legal services through a legal aid firm will also differ by jurisdiction.
Funding for a legal aid firm can come from local, regional, or national sources, but the organization is usually a non-profit entity. In most cases, the organization will have a board of directors that will determine what type of cases the organization will handle and who will qualify to receive services. Staff attorneys will generally provide pro bono services, at no cost, to clients. In addition to the full-time staff attorneys, other licensed attorneys in the area may offer their services on a limited number of cases each year pro bono for eligible clients.
Typical cases handled by a legal aid firm include divorce, domestic abuse protection orders, landlord-tenant disputes, bankruptcy, and other civil cases. Legal aid companies usually do not handle criminal cases. The services offered range from information and counseling services to representation throughout the entire case by a licensed attorney. Seminars are also often offered to help educate local residents about their legal rights and to answer basic legal questions.
The process by which clients are determined to benefit from the services offered by a legal aid firm varies by jurisdiction, but generally includes an assessment of the client’s income and assets. To qualify for a pro bono attorney, a client’s total household income must fall below a predetermined threshold. In some cases, such as a divorce or domestic violence situation, the spouse’s income may not be taken into account in calculating family income if it appears that the client does not have access to that income.
If an applicant meets all the eligibility requirements, in most cases the services provided by the legal aid company will be free of charge. The customer may still be required to pay the mandatory filing fees; however, a fee waiver may be available. A fee waiver is essentially an application, filed by the client, asking the court to waive the filing fee associated with the case. If the court determines that the client is unable to afford the fee, the court will waive the fee and allow the client to proceed in forma pauperis, as a poor person.
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