What is Legal Aid?
Comprehensive Guide to Legal Aid in Luzerne County
Legal aid services find their origin in the 1963 U.S. Supreme Court case, Gideon v. Wainwright, in which the Court held that the right to counsel guaranteed by the Sixth Amendment of the U.S. Constitution applies to state courts via the Due Process Clause of the Fourteenth Amendment. In other words, every person who faces a criminal charge resulting in possible incarceration has a right to free legal counsel provided by the state if they cannot afford their own private counsel. In the years since that case, other areas of judicial process where legal aid is provided at the state’s expense have been recognized, including civil cases. Legal aid is defined generally as any service provided by an attorney outside of the context of private legal business, and can include offices of public defenders, and non-profit legal services organizations that serve low-income individuals. For norm-income families, affording a private attorney to retain is sometimes a struggle, meaning that legal aid groups step in to assist those in need with legal representation in a variety of circumstances. Legal aid offices are typically organized into programs that address specific legal issues, rather than on an ad-hoc basis or in accordance with the type of case about which a low-income client may inquire. This means that legal aid clinics are offered for different legal situations, all under the auspices of a single organization. For example, the American Bar Association separates legal aid offices into three categories: Federal Courts: Legal Aid organizations created by Congress State Courts: Legal Aid organizations created by state legislatures Nonprofit Organizations: Legal aid organizations that are independently established as nonprofit organizations. Legal aid offices in Luzerne County fall into the third category , as independent, nonprofit groups that provide services to clients in need. The types of cases that are covered at legal aid offices like Luzerne County Legal Services (LCLS) are numerous, and are usually specific to low-income individuals in need of legal representation. In Luzerne County, legal aid might provide representation in cases where there are matters of housing, family, and labor law involved. Housing: Low-income individuals in need of legal counsel in housing cases in Luzerne County might find aid with LCLS, as matters of eviction and wrongful sale on properties are frequent in the area. When it comes to claims, defenses, and fact patterns that demonstrate the need for a skilled attorney for housing disputes, there are several causes of action and remedies that can be provided to LCLS’ clients. Family: Family law encompasses the areas of the law that govern dissolution actions, divorce and legal separation, custody and support, adoption, and other matters of family life that could require intervention by the courts. LCLS provides assistance for cases involving family dispute resolution, particularly in terms of custody and support — both elements of family that are common in distinction and sometimes contentious. Labor: Like family and housing matters, many low-income individuals have difficulty accessing the resources required to defend themselves against legal action in the workplace. From worker’s rights violations to wrongful termination, LCLS is able to step in and provide representation for clients struggling with a variety of labor law issues and complaints. While there are cases when clients may need specific information about receiving legal aid or what kinds of aid is available, the above examples should provide a basic overview of the types of cases seen at Luzerne County Legal Services.
Legal Aid Organizations in Luzerne County
In Luzerne County, legal aid services are primarily provided by the greater Wilkes-Barre area through a contribution by the United Way and the Wilkes-Barre Bar Association. There are currently four organizations in Luzerne County that provide pro bono legal services in one way or another.
The Wilkes-Barre City S.O.S. Program is a joint effort of the Wilkes-Barre Bar Association (WBBA) and Wyoming Valley Civil & Family Court, with the support of the United Way of Wyoming Valley. Their goal is to give individuals who are unable to afford an attorney for themselves or their family members an opportunity to represent themselves in family court. Individuals that have a family cover sheet (FC-1) and financial affidavit (FC-6), and need help representing themselves in WVCFC, can qualify for free services from local volunteer attorneys. Attorneys volunteer their services for the greater Wilkes-Barre area, and help individuals navigate the family court system. We always encourage people to use an attorney if possible, and this program is just for those who simply cannot afford it.
The Wilkes-Barre Law & Library Association is located right across the street from the WBBA in Wilkes-Barre. Its mission is "to provide legal reference and information service to all, to educate the public as to its functions and promote justice, legality and legislative reform." It offers a variety of free and low-cost legal assistance programs for the general public. While their primary focus is self-help resources for individuals, they also provide innovation programs for lawyers like the Lawyer Referral Service and Lawyer in the Library. The law library is open to the general public, no appointment needed, Monday – Friday 8:30 am to 4:30 pm, except for holidays.
The Legal Aid Society of Wyoming Valley provides free legal services in civil cases to eligible low-income individuals and families in Luzerne County. Their mission is to "advance and defend the basic human needs and rights of the underserved among us." They handle a variety of civil matters including landlord tenant, consumer claims, bankruptcy, adoption, wills, expungements and several family law issues. In order to receive services from the Legal Aid Society you must qualify financially so their staff will set up a phone interview to conduct an initial assessment. If you’re interested in finding legal help through them, you can call their Wilkes Barre Office at (570) 825-8566 or visit their website for more information.
Lawyer Access points are located at 3 area public libraries: King’s Library, West Hazleton Library, and West Hazleton Library. The Lawyer Access program is made to enable individuals to meet with a local attorney who can provide counsel on many civil matters, including family law, housing law, and public benefits, at no charge. This service is free but does require an appointment before being able to meet with a qualified pro bono lawyer.
For more information on other organizations in Luzerne County that may help with your legal issue, check out the Pennsylvania Bar Associations Pro Bono Directory or the County Bar Association Pro Bono Referral Services.
Legal Aid Eligibility
In Luzerne County, the primary agency rendering legal aid services is the Luzerne Pro Bono, Inc. This agency provides free legal assistance for low-income families as well as those representing clients with uncontested divorce and custody matters. There are other legal aid organizations in Luzerne County that help people with civil law clinics and domestic violence cases. Here are some specifics about eligibility for legal aid in Luzerne County: Income: Individuals who earn less than $12,760 annually or families that earn less than $17,240 per year are eligible for legal aid. Types of Cases: Clients with a legal issue involving family law, domestic violence, or a criminal matter where free representation could mean avoiding jail time are eligible for services from Luzerne Pro Bono, Inc. Location: To be eligible for Luzerne County legal aid services, individuals must have their primary residence in one of the four Luzerne County Judicial Districts: District 10 (Luzerne County), District 11 (Columbia County), District 26 (Snyder County), or District 27 (Montour County). Other Factors: It is not uncommon for courts to appoint pro bono representation should a defendant’s case be ineligible for a court-appointed public defender.
How to Apply for Legal Aid
Luzerne County residents who are interested in accessing legal aid must go through a specific process to ensure that their cases are handled properly and efficiently. The process of applying for legal aid may seem daunting, but following a step-by-step guide can make it simple.
Step 1: Check Your Eligibility
Before applying for legal aid, applicants should confirm that they are eligible for assistance. Legal aid may be denied to those with high incomes or assets. It is important to call the local legal aid office directly to confirm that your situation meets the required criteria for legal assistance.
Step 2: Gather Necessary Documentation
All available documentation that is pertinent to your current legal situation should be collected prior to applying for legal aid. This may include contracts, forms, prior agreements, receipts, and any other evidence related to your case. Being organized will help present a strong case to the legal aid office and prepare you for the next steps in the process.
Step 3: Complete the Legal Aid Application
Once you are sure that you are eligible to apply for legal aid and have all of the necessary documents in hand, it is time to officially complete the application. The application can be filled out online or in person. After the completion of your application, it will be sent to the State of Pennsylvania for review.
Step 4: Participate in an Interview
After your application is submitted, the review process will begin. A legal aid solicitor will conduct an initial interview with you that will help determine the merits of your case and the course of action that should be taken. During the interview, the interviewer will ask a variety of questions, including ones on the nature of your legal issue, financial concerns, and additional questions about your case.
Step 5: Receive Your Notice
Once your interview has been conducted, you should hear back regarding the status of your case within two weeks. If you have not received a response within this time frame, it is important to contact the legal aid reviewer to check the status of your application.
Issues Treated by Legal Aid
The Luzerne County legal aid services cater to a range of legal issues that most affect low-income residents. Many who become aware of the services available through these organizations are surprised at the depth and breadth of the services, ranging from housing woes to child support and custody to the survival of exploitation. Some of the most prevalent issues that legal aid in Luzerne County can help residents with include:
Family Law
Many people find themselves needing assistance with family law, as a divorce, restraining order or other family legal situations can strike with little warning. The Luzerne County District Attorney’s Office helps families with domestic violence. Low-income residents involved in situations of domestic violence are eligible to receive the help they need to break free.
Child Custody and Support
Legal aid helps parents navigate the judicial system when reaching agreements on child support and custody by providing information, referrals and legal guidance. Parents can also benefit from the help of legal aid in cases of adoption, termination of parental rights , spousal support and visitation.
Consumer Rights
Residents struggling with debt have numerous options. Legal aid provides information on credit counseling and protecting consumers from abusive debt collection and collection practices; this includes lawsuits, letters, harassment and phone calls. Legal aid can also provide resources on filing bankruptcy, including Chapter 7 or Chapter 13 bankruptcy, and what options are available in each unique situation. Tax laws and changes are another consumer rights issue that legal aid can help residents understand, including inheritance taxes and local taxes.
Housing and Real Estate
Luzerne County legal aid prevents eviction and improves housing conditions for renters, especially for those with children who may be displaced or forced to stay in unsafe housing conditions. Legal aid helps fight eviction, denial of reasonable accommodations and ongoing issues such as lead poisoning or lack of facilities. Additional real estate issues that legal aid can address include estate planning, including wills, trusts, probate, guardianship and probate.
Advantages of Legal Aid
The benefits of utilizing legal aid services in Luzerne County are far-reaching. At the top of the list is the essential role they play in ensuring access to justice for low-income families and individuals. Thanks to their expertise, those unable to otherwise afford proper representation can have peace of mind that they are being supported in virtually all situations.
There are also financial benefits. Even a simple will can run you several hundred dollars, while probate proceedings may require thousands of dollars in estate taxes. Having the assistance of a legal aid lawyer means you will not have to spend valuable resources you can’t afford, empowering you in the process.
Finally, there is the emotional component — having the guidance and support of a professional in legal matters can put your mind at ease. Whether the situation entails the dissolution of a marriage, a real estate sale or even the probating of a loved one’s estate, legal processes are emotionally and physically taxing. For the sake of your overall health, leveraging the support of a qualified attorney is a smart decision.
Limitations of Legal Aid
Despite the myriad benefits that legal aid organizations offer, operating them is not without challenges. Funding never seems to be enough. There are limited resources such as copies, servers, and other IT equipment. Finally, each county has an increasing number of self-represented litigants ("SRLs") who need assistance at every stage of the judicial process. This explains why legal aid organizations struggle. Coupled with the ever-present need for help, many organizations like CLU of PA, other non-profit groups, and local law schools all work to address the needs of the poor and underserved in general. The need to assist SRLs is particularly acute throughout Luzerne County. According to a representative from the Luzerne County Prothonotary’s office, Luzerne County is inundated with SRLs. For example, a prothonotary can have up to 300 people in line at 8:30 AM. They want the prothonotaries to guide them through the forms and they don’t understand why the prothonotaries aren’t allowed to help them more than they are. Additionally, in Luzerne County at least 50% of Divorce complaints are uncontested and for Custody complaints, more than 60% are uncontested. All of these uncontested cases require legal processing but take up the same amount of staff time as contested cases. Based on overwhelming demand in Luzerne County, it is easy to appreciate the struggles faced by legal aid organizations and the other groups that try to help because the need is so great .
Not surprisingly, serving the legal needs of the elderly is also a challenge. The Pennsylvania Supreme Court provides for legal services to the elderly in the Pro Bono Rules, which was adopted by the Legal Services Program. This Rule states: A lawyer who has an office or other systematic and continuous presence in Pennsylvania or who conducts substantial activity as a lawyer in Pennsylvania shall provide at least 20 hours of legal services annually, and shall use best efforts to provide 50 hours per year, to eligible clients aged 60 or older. Unfortunately, the Pennsylvania Supreme Court’s recent amendment gave pro bono lawyers the option of providing "20 hours of service or three meaningful pro bono legal services projects or legal clinics involving eligible clients that were substantial involvement." The mere ability to fulfill the Rule is not the issue; it’s whether that option will adequately serve the elderly. Each year, fewer attorneys are fulfilling the requirement because the Rule does not sufficiently serve one of the most severely underserved classes in Luzerne County. Unless the Rule is amended again, the current system will continue to underserve the elderly. Unless something is done soon and drastically, there will be fewer lawyers to serve the legal needs of the elderly and the poor.