Though the New York Times points out the deficiencies for legal help for people in the throes of foreclosure, lack of low cost legal assistance can be seen on the local level in Washington state where, in the family law arena, increasing numbers of pro se clients seeking divorces, assistance with out-of-wedlock child custody, child support and parenting plans have flooded the court docket. These individuals, some indigent, some not, have "just said no" to hiring a lawyer. Unfortunately for the courts, the practical reality is that court staff has had to be augmented with Family Court Facilitiators to help the pro se's navigate civil procedure and keep the wheels of justice turning efficiently. Do It Yourself resouces are plentiful on the Internet.
What the world doesn't need are more lawyers. What it does need and has available are skilled paralegals that can help the pro se'ers. Problem is that jealous lawyers threaten paralegals with prosecution because they are trying to protect their turf, their monopoly, their cash flow. A paralegal is not permitted to give legal advice. The lawyers argue that assisting a person with the check box on standard forms required by the court constitutes giving legal advice.
This growing legion of "do-it-yourselfers" weren't going to hire a lawyer, period. So, it isn't as though the lawyers would be losing revenue. The pro se crowd needs procedural help that falls on the back of the court staff because a paralegal must have their every "t" and "i" approved by a lawyer. The court staff is likewise precluded from giving legal advice. Only trained lawyers can provide legal advice. So, why aren't they stepping up to the plate and helping in greater numbers without regard to the payment?
New York Times Editorial - October 14, 2010
Need a Lawyer? Good Luck.
Across the country, programs that provide legal representation in civil cases to low-income Americans are so cash-strapped that they are turning away numbers of people. Hard-pressed Americans fighting foreclosure or seeking protection from domestic violence or access to medical care or unemployment benefits must often navigate the judicial system on their own or give up.
For much of its financing, civil legal aid has relied on the interest earnings from escrow accounts that private lawyers often hold for clients. That has all but disappeared as interest rates have dropped. At the same time, deficit-plagued statehouses are cutting support, while federal dollars are not taking up enough of the slack.
The chief judge of New York State’s highest court, Jonathan Lippman, has begun a campaign for expanded state support. At recent public meetings, business, political, and bar leaders, judges and litigants described the high cost, to all New Yorkers, of denying such assistance to the poor.
Beyond basic moral and ethical concerns, they argued, the rising volume of self-represented litigants is causing court delays that impose financial burdens on opposing parties with lawyers. Foreclosures that might be avoided drive families into shelters, further straining local budgets and disrupting lives. Hospitals operating at the financial brink are hurt when poor people can’t obtain Medicaid payments for their treatment.
A special commission named by Judge Lippman is readying a report that will assess the unmet needs for civil legal services and suggest cost-effective steps to meet them. Even in hard times, progress should be possible. New York’s State Legislature already has approved a measure that would allow borrowers who prevail against banks in foreclosure actions to recover their attorneys’ fees. Gov. David Paterson needs to sign it.
After the election recess, Congress must approve the extra financing to provide legal services for struggling homeowners authorized in the financial reform law. It must also approve a substantial budget increase for the federal Legal Services Corporation, which helps finance these critical programs, and ditch senseless restrictions hampering its mission.
Fred Armisen as Gov. David Patterson on Saturday Night Live
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