Legal Aid Defined
Legal aid, broadly speaking, refers to the provision of free legal services to help low-income individuals and families obtain access to legal representation. It is managed by a variety of state and federal programs designated to ensure that all people, regardless of their financial or socio-economic circumstances, have access to representation. While the nature of what is covered and who it covers can vary from jurisdiction to jurisdiction, the general principle surrounds the need for legal counsel among those who otherwise would not have the financial resources to afford it.
In the United States, there are two primary types of legal aid programs: nonprofit organizations funded by the Legal Services Corporation (LSC) and court-appointed programs such as public defenders. The LSC program permits lawyers to work in a specialized capacity to aid those with needs the law provides for, while public defenders serve defendants of criminal charges . Grant money from the LSC is distributed to thousands of nonprofit groups across the country that work to provide legal aid to eligible residents. Those who meet certain financial and legal criteria can then apply for assistance from these private organizations.
In many states, justice for low-income people is considered a right, meaning that the judicial system cannot deny an individual legal counsel in a court-related matter — even in a criminal case. Although the U.S. Constitution cites the right to counsel in criminal cases, this right has been expanded over time to ensure it applies to all citizens, not just those with means. The vast majority of legal aid coverage in the U.S. is related to family court and criminal court, particularly as it pertains to domestic abuse advocates and public defenders.
Becoming Eligible for Legal Aid in Pensacola
In order to qualify for legal aid services in Pensacola, you must meet certain criteria. The most important factor is a household income that falls within the low-income guidelines set by the Legal Services Corporation. These guidelines are updated annually based on the federal poverty line, and the current guidelines for Florida are as follows:
$.00 – $17,505 for families of one
$.00 – $23,595 for families of two
$.00 – $29,685 for families of three
$.00 – $35,775 for families of four
$.00 – $41,865 for families of five
$.00 – $47,955 for families of six
$.00 – $54,045 for families of seven
$.00 – $60,135 for families of eight.
These thresholds are higher for households with more than eight members. Orlando legal aid services are governed by the same LSC standards as Pensacola.
Even if you do not fall within these income levels, you may still be able to receive limited services if your case involves domestic violence or if you have a disability that has caused your financial situation to deteriorate. These services typically include pro bonos (lawyers who volunteer to take your case for the purpose of giving back to the community), referrals to other non-profits and community organizations and services that help with legal issues related to public benefits or housing.
You are not eligible for legal aid in Pensacola if your case is related to a business, including a closely-held corporation where a controlled majority owns 50% or more of the corporation. Other excluded types of cases include employment cases where you are seeking damages not related to unpaid wages.
Important Pensacola Legal Aid Organizations
The following are some of the main organizations focused on providing legal aid services in Pensacola and the Escambia County area:
Legal Services of North Florida, Inc. Mission: Legal Services of North Florida (LSNF) also aims to create equal access to justice throughout the 1st and 14th judicial circuit counties. The Pensacola office of LSNF provides legal assistance for residents of Escambia County. LSNF seeks to provide legal services in four areas: family law; rental and foreclosure defense; consumer protection; and preserving economic stability and health care. It offers legal assistance on civil issues to low-income persons who meet certain qualifications and who are unable to afford the services of a private attorney. Contact: 120 E. Wright Street, Pensacola, FL 32501; 850-432-4976; http://www.lsnf.org/
Northwest Florida Legal Services, Inc. Mission: Northwest Florida Legal Services (NFLS) is a federally-funded nonprofit corporation. In cooperation with local bar associations, NFLS provides free legal services to eligible low-income persons who cannot afford to pay a private attorney. NFLS targets its legal assistance to the most at-risk individuals and groups, including victims of domestic violence, the elderly, the homeless, migrant workers, and persons with HIV/AIDS. Contact: 1201 Gulf Breeze Parkway, Suite 101, Gulf Breeze, FL 32563; 850-932-7828; http://nfls.org/who-we-are/
LAWFIRM Mission: LAWFIRM provides legal services to low-income individuals and families facing immediate legal problems. It provides civil representation, advice, brief services, and/or referrals from its offices in Escambia and Santa Rosa counties to serve most of the 1ST Circuit. It focuses on the areas of family law (divorce, child custody, domestic violence, etc.), consumer law (debt collection, garnishments, repossession/foreclosure defense, bankruptcy), housing law (evictions, suits for rent, lawyer referrals). Contact: 120 W. Wright St., Ste. 301, Pensacola, FL 32501; 850-433-3339; http://lawfirmforthepeople.com/
Applying for Legal Aid
To apply for legal aid, residents of Escambia and Santa Rosa counties can start by contacting the Northwest Florida Legal Services (NFLS) office located at 8 East Gregory Street in Pensacola. You can also begin the process by phone through their intake line. They generally accept walk-ins for those with an urgent need.
The first step in the application process involves a screening questionnaire, which gives the NFLS an overview of what services you need. Unfortunately, this will usually be followed by a waiting period to determine if you are eligible for legal aid based on your financial situation and the nature of your legal issue.
After screening, if qualified, you will be referred to one of the NFLS attorneys or legal advocates. A further review will take place at this time, and if the NFLS considers your case a good fit for what it can provide, they will schedule an appointment for you with an attorney.
For the best results, you should call ahead and ask about your specific case requirements. There are several guidelines you will want to review with your potential NFLS intake counselor . If you are seeking legal assistance due to domestic violence, you may be sent to the legal advocate for domestic violence victims. Additionally, seniors and Spanish speakers may want to call and ask about elder law-qualified attorneys and bilingual advocates, respectively.
After reviewing and qualifying your case, the NFLS will give you a legal aid application form to complete and return. The application is free of charge and requires information to be submitted in informational fields. After you submit the application for legal aid to the NFLS, you will be put on their waiting list for legal assistance.
Be prepared for a wait. Although some offices will send you a letter confirming that you are on their waiting list, it may take them time to get back to you. You may want to call and follow-up on the status of your application.
Again, remember that not all applicants who are interested in legal aid will be accepted. Eligibility is based on a variety of factors including finances, age, and severity of the legal matter.
Common Legal Areas Covered
Various types of legal issues are typically covered by legal aid in Pensacola. Here are some examples of common civil issues that legal aid may assist with:
Family Law
Family law concerns a range of issues, almost all of which are at least somewhat emotionally charged. It is one of the largest areas with which legal aid assists. Legal aid may assist with divorce and annulments. It may help with establishing paternity, child custody, child support and spousal support. Child visitation and modifications of custody orders and adoption are also common.
Housing
The most common housing issues dealt with by legal aid are eviction, landlord-tenant disputes, deed-related issues, obtaining shelter after domestic violence and foreclosure. Legal aid may also assist with mortgage-related issues.
Consumer Issues
Consumers may be assisted with bankruptcy, problems with contracts, repossession, loan modification and foreclosure fraud.
Public Benefits, Health Law, Insurance and Veterans Benefits
Legal aid may help with public benefits such as food assistance, disability payments and Medicaid. It may also help with applying for Social Security assistance and Medicare coverage. Legal aid assists veterans with appeals and other special veteran-related issues. Pensacola is home to the Becker Law Firm, which offers free consultations to veterans and military members.
Criminal Law
If an attorney working with legal aid is unable to assist with a criminal defense matter, the person may be referred to the local Public Defender. The public defender’s office primarily deals with misdemeanor and felony charges. Everyone accused of a crime is entitled to a public defender, regardless of whether he or she can afford a private attorney.
Additional Legal Aid Programs in Pensacola
Legal aid may also provide assistance through these programs:
• A seniors program connects elderly clients to lawyers who may be able to help them with their family and civil legal issues.
• Domestic violence prevention offers legal assistance to clients at risk of domestic violence.
• Certain legal aid services cover minors, helping them by providing services such as guardianship assistance.
Other issues come up from time to time. Pensacola legal aid may offer different resources on a case-by-case basis.
Pros and Cons of Legal Aid
A discussion of legal aid services in Pensacola would not be complete without an examination of the benefits and limitations of such programs. Certainly, there are many advantages to seeking guidance from an attorney in our Pensacola office who is trained and familiar with the rules, regulations, and procedures of the legal system. Such attorneys can help clients navigate their way through the law with the utmost effectiveness and efficiency. For many people, however, fees associated with hiring a competent and seasoned legal professional may pose too great of a burden on their already stretched budgets.
For individuals with a clear-cut legal question in mind, a lawyer who offers free or pro bono legal services can be quite beneficial. Here, the client has a much less complicated issue and a plea for simplified guidance. Since realistic advice is often short and straight to the point, the lawyer providing pro bono services is generally allowed to put in twenty or less hours on the case and then move on.
For more complex legal issues, however , the services offered by a Pensacola legal aid officer can be equally helpful. Legal aid officers are available to low-income families in the community and have access to an extensive network of resources and even larger law firms in different areas of practice. The goal of such programs is to eventually help as many residents of the community as possible.
Because resources are typically scarce, however, there are some financial limitations to what legal aid can provide. For example, some programs may be unable to take on new clients or cases if they are consistently overbooked with existing services. At other times, there may be a lack of qualified applicants to provide pro bono services for complex family law issues, for example, that involve child custody or divorce. When the situation arises, there may be some reliance on referring clients to legal services that are provided at no charge or, in some cases, at a reduced rate.
In order to obtain legal assistance, individuals seeking help from a legal aid station must first qualify for such programs. Eligibility requirements may vary from one program to another, but Gimis has gathered information on and can direct clients to the organizations and resources that may be able to help.