Anastasija Mladenovska
August 2,2024 5:37 PM
Disclaimer: This article is solely for educational and informational purposes and is not meant to serve as legal advice.
Legal aid services play a crucial role in ensuring access to justice for individuals who might otherwise be unable to afford legal representation. Despite their importance, there are several misconceptions about legal aid that can deter people from seeking the help they need. In this article, we will debunk some of the most common myths about legal aid services and clarify who can benefit from them, how legal aid works and what kind of legal assistance the Greater Dayton Volunteer Lawyers Project (GDVLP) can offer you.
Legal Aid Vs. Pro Bono Programs
Before we dive into discussing common myths about legal aid, it’s important to distinguish between legal aid and pro bono programs. Legal aid programs are typically non profit organizations that operate like law firms, receiving funding from grants and fundraising efforts to pay their attorneys. Our organization, GDVLP, is a subsidiary of Legal Aid of Western Ohio (LAWO), a regional nonprofit law firm that operates in this manner.
Pro bono programs, on the other hand, rely on volunteers—particularly attorneys, law students, and others—who typically work with fee-paying clients but choose to donate their time and expertise to help those in need of legal assistance. GDVLP is a pro bono organization, and this distinction often leads to confusion among our clients when we are unable to provide immediate access to an attorney. The reason is simple: GDVLP has no paid staff attorneys. Our team consists of five highly skilled paralegals who serve as liaisons between attorneys and our clients.
Even though we are a pro bono organization, we rely on federal, local and state funding to support the everyday operations of our team and thus, fall under the umbrella of legal aid.
Now that we’ve distinguished between the two, let’s dismantle some of the most pervasive myths about legal assistance.
Myth 1: Legal Aid is Only for Criminal Cases
One of the most pervasive myths is that legal aid services are only available for criminal cases. While it's true that public defenders like Montgomery County Public Defender provide representation in criminal matters, legal aid organizations assist with civil cases.
Our organization, the Greater Dayton Volunteer Lawyers Project only assists with civil cases. These include issues such as family law (e.g., divorce, child custody), housing (e.g., evictions, landlord-tenant disputes), consumer rights, employment law, public benefits,wills, estates & probate. Legal aid ensures that individuals facing these civil issues have access to legal representation and advice.
Myth 2: Legal Aid is Only for the Very Poor
Another common misconception is that legal aid is exclusively for individuals living in extreme poverty. While legal aid organizations do prioritize helping those with the lowest incomes, many also serve individuals who fall within a broader range of financial need. Eligibility for legal aid often depends on a combination of factors, including income, family size, and the specific legal issue. Many working individuals and families who struggle to afford private legal services may still qualify for legal aid assistance.
Specifically at the Greater Dayton Volunteer Lawyers Project, we can help individuals and families who have an annual income before tax less than 200% of the federal poverty guidelines. You can reference this chart effective since Jan 24, 2024 for a complete idea:
If you look at this chart and feel like you don’t see yourself, don’t worry. Just call the legal aid hotline and your income eligibility will be determined during your intake process.
Myth 3: Legal Aid Services are Inferior to Private Lawyers
Some people believe that legal aid lawyers, staff and/or volunteer lawyers are less competent or experienced than private attorneys. This couldn't be further from the truth. Legal aid attorneys are highly skilled professionals dedicated to serving their communities. Many have years of experience and specialized knowledge in specific areas of law. Their commitment to public service often means they are particularly passionate about advocating for their clients' rights.
To be specific, our organization works with a diverse range of volunteer attorneys who each have different skill sets and bring something unique to the table. Each of our lawyers donate their time to provide free service to those in need. By April, 2024 they have worked more than 10,000 hours and helped more than 300 people.
Myth 4: Legal Aid is a Lengthy and Complicated Process
While it's true that legal aid organizations often face high demand and limited resources, they work diligently to assist as many people as possible. At GDVLP, we strive to make the process as efficient and straightforward as possible. We offer both walk-in and appointment clinics. After the legal aid hotline connects you with us and you complete the provided application, we guide you through every step of the process. At GDVLP, we primarily handle cases with expected outcomes ranging from a few months to a year. However, more complex cases are not automatically excluded from consideration at other organizations, such as our partner organization Advocates for Basic Legal Equality (ABLE) and LAWO (Legal Aid of Western Ohio).
Myth 5: You Have to Pay for Legal Aid Services
Another misconception is that legal aid services are not truly free and that there are hidden costs involved. The primary mission of legal aid is to eliminate financial barriers to legal assistance, ensuring that everyone has access to justice regardless of their financial situation. At our organization, attorney services are provided completely free of charge.
Who Can Benefit from Legal Aid?
Legal aid services are designed to assist a wide range of individuals and groups facing civil legal issues. Those who can benefit include:
Low-Income Individuals and Families: Legal aid helps those who cannot afford private legal representation.
Victims of Domestic Violence: Providing legal protection and support to those in abusive situations.
Tenants Facing Eviction: Assisting tenants in housing disputes to prevent homelessness.
Elderly Individuals: Offering legal help with issues such as elder abuse, housing, and benefits.
Workers: Helping employees with issues like wage theft, discrimination, and wrongful termination.
Legal aid services are an essential resource for ensuring access to justice for all, regardless of financial means. By debunking these common myths, we hope to encourage more individuals to seek the help they need and to raise awareness about the vital role legal aid organizations play in our communities. If you or someone you know is facing a legal issue and needs assistance, don't hesitate to reach out to the legal aid hotline. An issue shared is an issue halved!
Anastasija Mladenovska is a current legal intern at GDVLP and a rising political science, accountancy, and Russian, East European & Eurasian studies triple major at Miami University. She is passionate about helping and educating communities and wants to go into the legal field one day.
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