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.

    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).

    More Court Cases

    Laura Klein Abel

    The Gift of Protection

    Among the many provisions of the omnibus appropriations bill President Bush signed the day after Christmas is one that, for the first time ever, promises to bring one of the most vulnerable group of employees in the United States within the protection of the laws the rest of us take for granted.

    Rebekah Diller

    Manufacturing a “Scandal” at the Legal Services Corporation

    What to do when you have it in for a federal agency that is recognized on both sides of the aisle for providing high-quality services to Americans in need, all the while operating on a shoestring (about half of its 1981 budget in real terms)? Manufacture a “scandal,” of course. Legal Services Corporation under fire.

    More Blog Entries

    Illustrations by Risko

    U.S. Violates International Law by Failing to Enforce Laws Protecting Rights of Mexican Workers

    A group of Mexican workers, and Mexican and U.S. organizations, have submitted a document to the Mexican government detailing the frequent exploitation of workers brought into the U.S. by their employers on temporary work visas, and the failure of the U.S. government to enforce even the most basic of the workers’ employment rights.

    More Press Releases

    Unleash Legal Aid (New York Times Op-Ed)

    “Legal aid lawyers are among the few allies of poor homeowners caught in the subprime-mortgage meltdown. But these lawyers are hamstrung by federal regulations that limit homeowners’ access to speedy, low-cost legal relief.”

    Fact Sheet: How the Legal Services Restriction Creates a Wasteful System

    State examples of the inefficiencies created by the legal services restriction on state, local, and private money.

    Egalitarianism and Exclusion

    In the article, Andrew J. Elmore examines current guest worker programs and recommends their reform through a “non-subordination” approach that balances the interests of nonprofessional foreign nationals and U.S. workers.

    More Analysis & Commentary