• Brennan Center »
• Justice »
• Civil Justice »
• Civil Legal Aid

Civil Legal Aid

For many families, civil legal aid is an essential lifeline that enables them to save their home from a predatory lender seeking foreclosure, recover back wages from a cheating employer, or end abuse by a violent spouse.

But the lifeline is frayed to the breaking point. Anemic funding for the federal Legal Services Corporation (LSC) limits the families that legal aid lawyers can serve. And, a draconian restriction has blocked LSC-funded programs from relying on non-federal money to finance certain essential categories of advocacy. In order to engage in restricted activities, LSC-funded organizations must establish a physically separate entity—with separate office space, personnel, and equipment. This “physical separation” requirement has proven nearly impossible for legal aid organizations.

This federal funding restriction prohibits these programs from filing class action lawsuits, even on behalf of seniors targeted by predatory lenders.  It prevents the representation of certain legal immigrants, even in suits to recover stolen back wages. And, it prohibits all claims for court-ordered attorneys’ fees, even where such fees are among the only effective tools for protecting victims of domestic violence victims from continued abuse.

Through litigation and a national public education campaign, we are working to fix this restriction. We are joined by a broad coalition that includes non-profits and charities, and state and local governmental entities.

To read what should be done to reform LSC and restore legal aid for the poor in an online chapter of the Center for American Progress' new book, Change For America, click here.