Sunday, December 2, 2012

Justice in the Margins: Legal services save families and local economy

Published on Post-Gazette IPSO FACTO THURSDAY, 08 NOVEMBER 2012
Written by Justin Karter



Under the sixth amendment to the U.S. Constitution, every citizen is guaranteed a right to a lawyer if they are accused of a crime, yet innocent people must face the removal of their home, a predatory lawsuit or even the crisis of a missing child without access to legal guidance and protection. Poverty legal services fill this void and have a long history of defending the most vulnerable among us from both fraud and abuse, but recent cuts to their funding guarantee that they will be able to help fewer and fewer people and-- studies show-- that affects all of us.

“This is the type of funding that not only rights wrongs but makes clear economic sense,” explained Al Azen, Executive Director of Pennsylvania’s Interest on Lawyers Trust Accounts (PA IOLTA), a non-profit program that provides funding for civil legal aid.

A new study by PA IOLTA, shows that over the last fiscal year the work of poverty legal services created $594 million for the Pennsylvania economy, an unheard-of eleven fold economic return on their funding.

“Legal Services operates with the understanding that when everyone is given access to justice it truly benefits the whole community. When we all have a fair chance to succeed then Pittsburgh succeeds,” said Robert V. Racunas, executive director of Neighborhood Legal Services Association (NLSA), Pittsburgh’s largest provider of free civil legal aid.

REAL CASE EXAMPLES:

Recent cases handled by NLSA illustrate how their work benefits the entire economy.

A 62-year-old widow, in danger of losing her home of 36 years after the death of her husband, avoided moving to a shelter because of free legal aid.

When the elderly woman came to NLSA, her home had already been sold at a tax auction. The lawyers at NLSA took her case to bankruptcy court and got her back into her home, rather than a shelter.

In 2011 alone, over 1,700 families avoided the need for an emergency shelter due the legal aid services. Over a five-year period, this amounts to a savings of $111 million for the state of Pennsylvania in emergency shelter costs, according to a report issued by IOLTA.

Housing studies show that vacant properties created by foreclosures can cost neighbors over $6,000 each, according to Joanna Deming, director of education and outreach for the Housing Alliance of Pennsylvania. A new publication by Housing Alliance, “A New Vision for Housing Market Recovery” reports that in two-thirds of the cases handled by free legal aid services the clients avoided a pending foreclosure.

“Every dollar that you put into the hands of people in poverty goes right back into the economy. That dollar gets spent right away on groceries and necessities, resulting in an economic benefit to the entire community,” Azen said.

When free legal aid can protect innocent people from financially crippling circumstances, their clients can continue to live their lives without continued public assistance, and can spend their money at the local restaurants, shops and businesses that support Pittsburgh’s economy.

Free legal aid also saves the local economy by intervening and preventing domestic disputes. After a child went missing in a custody dispute during the Christmas holidays, NLSA returned the child to the mother.

The single working mother from Lawrence County came to the lawyers at NLSA after her child disappeared right before Christmas. NLSA obtained an order giving the mother primary custody, however the father still refused to return the child. To make matters worse, the child showed signs of abuse, evinced by some bruises. NLSA then obtained a motion for the immediate return of the child with the help of the police and reunited the mother with her son.

The same study by PA IOLTA reports that legal aid protected over 6,000 families in Pennsylvania from domestic abuse issues in 2011. Without legal aid, the community would incur the costs of “medical care for injured victims, education and counseling services for affected children, and law enforcement resources.” This all adds up to a savings of $23 million in costs related to domestic disputes, according to PA IOLTA.

“When individuals are unrepresented and unable to assert their right to obtain federal benefits, stay in their home, or keep their jobs, many times the communities must step in to fill the gap, spending taxpayer funds on countless other programs,” said Carol McCarthy, a Pittsburgh family attorney and president of NLSA’s Board of Directors.

EFFECT OF CUTS

Despite these successes, cuts from both state and federal sources reduced funding for free civil legal aid by 20% in just the past year, forcing agencies to let go of staff attorneys and cut back on their services.

In a September newsletter to their clients, NLSA explained, “Budget cuts at both the federal and state level have further reduced NLSA’s funding by $800,000 – significantly impacting NLSA’s ability to sustain services.”

The recent cutbacks have forced NLSA to let go 6 staff attorneys, which influences the number and type of cases they can handle.

“Even before the cuts, legal aid services did not have adequate funding to meet the needs of every client,” said McCarthy.

The NLSA reports that it will continue to seek new sources of funding in order to keep their doors open to those who need representation but the cuts will severely affect how much attention they will be able to give each case.

“The cuts have come as a result of economic pressures,” Azen explained. “It’s not a philosophical issue.” Everyone understands that the recession is forcing tough decisions on both state and federal budgets but cutting funds to a program with an eleven-fold return on investment is simply short sighted.

“In a democracy everyone’s voice needs an opportunity to be head, or you’ll have complete chaos. People have to have to the ability to assert their voice and their rights, or they’ll be forced to resort to other means,” said Azen.

Supporting legal services does more than just ensure that people facing wrongful evictions or foreclosures can stay in their homes, that the elderly or disabled who are denied benefits can assert their rights, or that a single-mother and a victim of domestic abuse can find protection in the law and even gain custody of her child. While every dollar ensures these cases continue to be heard, it also supports the principles of democracy and guarantees that our legal system continues to be respected as a place where everyone’s voice and claim to justice has an opportunity to be heard.

Click here to volunteer or donate to NLSA.

(Top Image: Robert V. Racunas, executive director of Neighborhood Legal Services Association (NLSA))

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