Civil Legal Aid
For many families, civil legal aid is a lifeline that enables them to save their home from a foreclosure or eviction, recover back wages from an employer, obtain desperately needed disability benefits, or end abuse by a violent spouse.
But the lifeline is frayed to the breaking point, creating a large “Justice Gap” between the rich and the poor. Anemic funding for the federal Legal Services Corporation (LSC) limits the number of families that legal aid lawyers can serve. Other sources of civil legal aid funding — including Interest on Lawyer Trust Account (IOLTA) revenue and state and local government appropriations — are sharply down too. At the same time, the economic downturn has increased the need for help as a record number of Americans are living in poverty.
Exacerbating the crisis in legal representation is a set of federal restrictions that have blocked LSC-funded programs from representing their clients as effectively and efficiently as possible. The restrictions prohibit LSC grantee programs from filing class action lawsuits, even on behalf of seniors targeted by predatory lenders. They prevent the representation of certain legal immigrants, even in suits to recover stolen back wages. And they muzzle the voice of low-income communities, as the restrictions prevent legal aid lawyers from actively advocating on behalf of their client communities before legislative and administrative bodies. In an egregious federal overreach, the restrictions apply not only to programs' LSC dollars, but to all other funding sources, including state and local government funds, IOLTA revenue, and charitable donations.
We work to bring attention to the need for increased funding for civil legal aid, to counter extreme attacks on LSC, and to remove the harmful restrictions on legal aid programs. We lead a national public education campaign to revitalize LSC, issue reports documenting the need for representation, write op-eds, and disseminate information through our Legal Services E-lert.
North American Agreement on Labor Cooperation (NAALC) Complaint
The Brennan Center works to ensure access to legal representation and enforcement of labor rights for workers in the United States on H2-B visas.
Dobbins/Velazquez v. Legal Services Corporation
This lawsuit challenges restrictions on civil legal aid programs that receive some of their funding from the federal Legal Services Corporation (LSC).
United States v. Legal Services of New York City (Amicus Brief)
The Brennan Center represented bar associations, legal services lawyers, and other advocates who intervened as amici in a lawsuit defending the ability of Legal Services for New York City to withhold confidential client information from the Inspector General of the Legal Services Corporation.
Obama Promises Accountability for Mortgage Crisis
The president announced an important new partnership, chaired by New York State Attorney General Eric Schneiderman, to investigate our nation's mortgage crisis.
A Call to Albany: Restore Foreclosure Funding
Governor Cuomo’s budget proposal failed to include a much-needed restoration of the $25 million appropriation for foreclosure prevention assistance, which last year’s budget eliminated.
New Report Highlights Successes, Challenges in Foreclosure Mediation
As our nation’s foreclosure crisis has deepened one critical response has been the expansion of mediation programs across the country.
Illustrations by Risko
Has the U.S. Honored Agreement on Temporary Foreign Workers? Mexican Government Wants to Know
Today the Brennan Center for Justice and Northwest Workers’ Justice Project urged Labor Secretary Hilda Solis to answer Mexico’s query about the treatment of foreign workers in the U.S..
Large Number of People Who Face Foreclosures Don’t Have a Lawyer
New York - A new in-depth study by the Brennan Center for Justice released Oct. 6, 2009, shows that disturbing numbers of families face foreclosure proceedings without the aid of legal counsel.
Senate Appropriations Committee Votes to Repeal “Poison Pill” Restriction on Federal Legal Services
On June 25, 2009, the Senate Appropriations Committee voted to lift the “LSC poison pill restriction” - the federal appropriations provision that encumbers up to $490 million in state, local, and charitable private contributions raised by legal services nonprofits that receive federal funding from the nation’s Legal Services Corporation (LSC).
City Council Testimony on New York City’s Foreclosure Crisis
The Brennan Center testified before the New York City Council on systemic problems in the ongoing mortgage foreclosure crisis and its effect on New York City Neighbordhoods.
Civil Access to Justice Act of 2009
Federal legislation to reauthorize the Legal Services Corporation.
Rebekah Diller Testifies in Support of Bill to Revitalize and Expand Civil Legal Aid for the Poor
Testimony before the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law in support of the Civil Access to Justice Act of 2009.
New York Must Keep Helping Homeowners
New Yorkers should demand adequate legal representation and counseling for our neighbors facing foreclosure. The investment will pay off for all of us.
FY 2012 Appropriations Process for Civil Legal Services
Overview of efforts to ensure adequate funding for legal services and repeal restrictions in the FY 2012 appropriations process.
This page documents the economic recession's impact on civil legal services for the poor.