What is Legal Aid?
Legal aid is a system of free legal assistance that is designed to provide low-income individuals and families with access to legal representation. Essentially, legal aid offers no- or low-cost case representation to clients based on specific criteria such as income, type of issue, and legal need. The overarching goal of legal aid is to provide citizens with representation and assistance in order to level the playing field and ensure that everyone has access to the courts regardless of their financial situation. The legal aid system is crucial to maintaining the integrity of the justice system as well as to protecting the civil rights of those who need it most. Without legal aid attorneys, many may not have the resources or knowledge to navigate the complex legal process, leaving them at a tremendous disadvantage . As mentioned above, legal aid usually covers more basic civil matters rather than criminal cases. Some of the common types of cases covered by legal aid include the following: As you can see, legal aid is instrumental in ensuring that the most vulnerable in the community are afforded adequate legal representation in case of civil issues. Many legal aid organizations do not cover criminal cases, and while there is the Public Defender in place for criminal defense purposes, access to that service is also limited. For this reason, it is essential to have a comprehensive understanding of legal aid, eligibility, and how it applies to you in order to identify when you may need legal aid services in your own case. This will be useful to add here when we talk about how legal aid applies to family law in Roanoke.
Legal Aid in Roanoke, VA
Roanoke, VA residents seeking legal assistance have several options available to them. The city hosts various local non-profit organizations as well as legal aid programs that provide a range of free or low-cost legal representation, generally for low-income households.
The Blue Ridge Interagency Council on Homelessness (BRICH) is the lead agency in the locality which strives to educate low-income citizens about their legal rights. BRICH’s website includes links to a monthly newsletter (that also contains information about the latest resources they added) and a calendar of upcoming events. BRICH operates out of Roanoke, but it does not provide a physical address. To reach them, their phone number is 540-204-4682, while their fax is 540-204-4671.
Areas served by the Blue Ridge Interagency Council on Homelessness:
Botetourt County
Carroll County
Craig County
Floyd County
Franklin County
Henry County
Montgomery County
Patrick County
Pittsylvania County
Roanoke County
Salem
Of the aforementioned areas, Botetourt County, Franklin County, Henry County, and Salem contain courthouses and/or general districts.
In addition to providing legal awareness, the Council serves as an intermediary, coordinating with other agencies to address civil legal needs. Their programs generally help with entitlements, housing, and homelessness.
Through the Blue Ridge Interagency Council on Homelessness, Bottomless Closet provides free legal assistance to low-income local households. A United Way partner, Bottomless Closet does not operate a physical building to house clients, meeting them at their local locations instead.
Bottomless Closet’s staff is composed of paralegals and licensed Virginia attorneys. It may provide free on-site legal consultations and full representation in court or at administrative hearings. In particular, Bottomless Closet specializes in estate administration, guardianship, conservatorship, and protective orders due to exploitation or abuse. It will also refer clients to other area agencies once it identifies a case that is out of its scope of services.
Bottomless Closet operates in localities throughout Virginia. Its home base is located in the city of Roanoke. There are no eligibility requirements to obtain these legal services, nor are there any restrictions based on age or gender.
The Virginia State Bar is a state-run program that licenses and regulates local attorneys. Its lawyer referral service matches customers who need specific legal assistance with local lawyers who can help, at both the state and local level. Online tools can also help the customer with self-directed legal research.
Roanoke is one of the localities that Virginia State Bar protects. In its area, general district courts hear cases from Roanoke city, Chesterfield County, Halifax County, Roanoke County, and Salem city, among others. Circuit courts will hear matters from the same jurisdictions, along with localities such as Bedford County, Floyd County, Henry County, and Patrick County.
Legal Aid of Roanoke Valley is a local non-profit organization that focuses on the dissemination of basic legal information for local residents living at or below 125% of the federal poverty level. An eligible citizen will be low-income to no-income. Legal Aid of Roanoke Valley offers consultations and direct representation for free in casework such as:
Legal Aid of Roanoke Valley serves general district and circuit courts in Roanoke City and Roanoke County, as well as American and Roanoke neighborhoods. There are no eligibility requirements—anyone can apply for its services.
Who Can Get Legal Aid?
Numerous factors can determine whether or not you qualify for legal aid. Only those individuals who meet the income qualifications and who suffer from a qualifying disability may receive assistance from legal aid.
Typically, legal aid exists to provide guidance for low income individuals. The individuals applying for assistance with legal aid need to show that he or she is indigent (i.e., unable to afford a lawyer or court fees). Legal aid primarily focuses on individuals who are income challenged; however, it may also assist individuals who are facing foreclosure or are victims of domestic violence.
Below are some factors that can play a role in whether or not you will be able to qualify for legal aid:
American Bar Association’s Guidelines for Eligibility for Free Legal Assistance
Regarding income, the need for legal aid has become one of the most pressing issues in the American Bar Association. The ABA’s Model Rule 6.1 outlines the financial and personal responsibilities of attorneys. The rule states that attorneys must "render at least (50, 100, or 200) hours of pro bono publico legal services per year." Additionally, attorneys must "serve those unable to pay legal fees," including the "disadvantaged elderly, persons with limited means or skills."
The income qualifications of each program will vary; limits or guidelines are therefore determined at the local level. Individuals can often find information about local legal aid programs online or by calling the legal aid office directly.
Typically, some of the net factors that determine income eligibility for legal aid offices include:
Low income individuals, regardless of whether they are disabled or not, may qualify for legal aid in cases involving evictions, foreclosures, foreclosure scams, and debt collection harassment.
How to Obtain Legal Aid?
Eligibility to apply for legal aid is not universal. Factors influencing eligibility include whether you are seeking services through an established program or instead looking for free assistance from an attorney. The former typically imposes strict financial criteria, while the latter often has no eligibility requirements.
If you qualify under the particular eligibility guidelines, the next step is to submit an application. Many states have a simple unified process that you can follow online. In Virginia, there are over a dozen legal aid services available, and each has its own claims process. For instance, Legal Aid Services of Roanoke runs its own intake process.
The application process is fairly easy, and it starts with filling out a simple form describing your legal situation and whether or not you currently have an attorney. Many people find that the website of the organization they are seeking assistance from makes the process easy by providing comprehensive forms to work with.
On a practical level, the application is often little more than a verbal interview with a legal aid counselor who will then determine whether or not you are eligible for the particular services offered. The counselor will then go over your options and discuss the next steps necessary to obtain the legal aid.
While the exact process will vary, generally speaking, to qualify for legal aid, you need to discuss your case with a legal aid official. That person will then determine your eligibility and have you fill out an application. From there, you may be able to get help directly from that organization or be referred to another agency that can best handle your needs.
Typical Issues for Legal Aid
One of the more significant challenges faced by legal aid organizations in Roanoke, VA, and across the nation, is the limited funding available to support their operations. The federal Legal Services Corporation allocates grants to legal service programs, but these grants represent only a portion of the total costs required to fully meet the needs of the low-income residents they serve. State and local funding, too, has been subject to cuts in recent years, and many legal aid organizations must cover operational gaps in order to provide the services needed in their communities. Additionally, with the continued growth in the number of individuals living in poverty in the area, many legal aid providers continue to see an increase in demand for services while additional funding is hard to come by.
For instance, the Legal Aid Society of Roanoke, which serves many clients in Southwest Virginia, has seen its funding decrease from approximately $1.5 million in 2010 to less than $1 million today. The legal aid organization cites this funding drop as the leading cause for the roughly 50 percent decrease in the number of clients it can serve in the area. Changes in the law, with regard to eligibility and the types of cases allowed, have also increased the demand for legal aid services among rural communities, even as funding decreases and the related need continues to grow.
While the Volunteer Lawyer Program (VLP) of Roanoke is notable in that it does not receive any funding from the federal Legal Services Corporation, it, too, faces challenges related to funding. The VLP has historically received some funding from corporations, which has become less reliable due to the economic downturn. Many local corporations that had traditionally offered tiers of funding have drastically reduced or eliminated their support to community organizations in Roanoke over the last decade . As a result, funding in general for all legal aid organizations in Roanoke is a major challenge.
Other challenges that legal aid providers face include the sheer volume of advisory and limited assistance services they provide. During normal times, these services can account for upwards of 75 percent of all services, with hiring and financial concerns accounting for the need for most of this type of legal assistance. During times of crisis, such as when a major local employer closes, legal aid service organizations see a corresponding spike in the volume of cases, and this type of emergency response proves even more difficult to serve.
Even in a healthy economic climate, and with funding in place, the challenges of retaining legal aid attorneys are pronounced. Many legal aid lawyers earn much less than their private sector counterparts for performing the same work, which can make it difficult to retain talent. In fact, legal service attorneys also report that other members of their respective legal teams play a helping role in providing legal advice to clients. Mislabeled as social workers, these individuals are not only important for background assistance, but are actually needed to help clients understand and benefit from the legal system. Yet, despite this fact, the availability of these legal assistants is diminishing, as social workers are let go due to lack of funding, and legal assistant salaries increase to meet living wage standards. Even as other members of the legal team are used to perform the more routine aspects of legal services, however, legal aid attorneys are still overworked with less time for much more satisfying pursuits, such as going to court with clients and representing them in their legal matters.
Success Stories from Roanoke Legal Aid
Over the years, the Roanoke Legal Aid office has fostered several success stories that showcase the remarkable impact its services have had on the community. The office’s work transcends simple legal advice, offering profound changes in the lives of local families and individuals. One such success story involves a single mother who was struggling with two children and a difficult ex-spouse. She had been unable to see her kids for the better part of a year due to a contentious divorce and untimely response from state authorities. Legal aid was able to help her navigate the complex family court system, leading to essential visitation rights that allow her to participate in her children’s lives once more. Another client was an elderly couple facing imminent eviction due to unpaid medical bills. Their landlord had decided to foreclose, leaving them in dire financial straits. Roanoke Legal Aid secured a three-month reprieve, allowing the couple to refinance their home and avoid homelessness. Now they can enjoy their golden years in the comfort of their own home. Over the years, Roanoke Legal Aid has helped thousands of individuals who otherwise would have faced crisis situations without legal guidance. Beyond providing invaluable resources, the office offers hope to those who believe their legal battles have reached a dead end. The Roanoke office’s testimonials speak volumes for its achievements in the community and demonstrate legal aid’s indispensable role in the region.
The Future of Legal Aid in Roanoke
While the future of legal aid in Roanoke, VA is uncertain, there are a number of developments on the horizon that may improve access to justice. As access to legal aid has become an increasingly pressing issue throughout the United States, greater focus has been placed on the expansion of services.
A partnership between legal aid organizations in Virginia and the state bar has already brought about change. Through the Access to Justice (ATJ) initiative, which launched in 2012, free civil legal services are provided to eligible low-income families and individuals across the Commonwealth. The program connects clients to coverage through the Virginia Bar Association and private attorneys.
ATJ has helped four of the five legal aid law centers in Southwest VA to better serve clients rather than turn them away due to a lack of access. New partnerships and legal aid clinics have also enhanced the services offered at various centers throughout the region. Moreover , attention to the issue of legal aid has included a call for action by top officials, including U.S. Attorney General Eric Holder, who has called on state courts and legal-aid organizations to find ways to develop greater access to justice.
No doubt, there is still work to be done. Legal Aid of Roanoke may be able to do more in the coming years. With support, the organization hopes to expand staff and recruit more volunteers. Further, it remains in talks with corporate sponsors to potentially make new investments that would help fund legal services. Ultimately, legal aid in Roanoke, VA has the potential to grow in the future, but scholars and organizations are calling for state and federal government to make access to justice a priority.