Lafayette Legal Aid Explained
Legal aid is a vital service offered in every state to promote access to the justice system for those who cannot afford an attorney. In Louisiana, Lafayette Parish is fortunate to have organizations who are dedicated to offering free assistance to low-income residents across a spectrum of civil legal issues. The local legal aid society also strives to raise awareness in the surrounding community as to the range of services available to those who qualify. Legal Aid of Acadiana (LAA) seeks to provide low-income individuals with equal access to justice by helping them navigate a wide array of legal matters, including family law issues such as divorce, custody, and adoption; housing matters; social security benefits; and other civil matters crucial to the financial and emotional well-being of residents.
In Lafayette, the most robust legal aid society is LAA. Based in Lafayette since 1965, LAA has been affiliated with equal justice organizations at the state level, including the Louisiana Bar Foundation and the Louisiana State Bar Association. These organizations make grants available to local legal aid societies to help them staff their operations and better serve their communities. Although centered in Lafayette , LAA serves individuals and families throughout the parishes of St. Mary, St. Martin, Acadia, Vermilion, Calcasieu, Cameron, Lafayette, Lafayette, St. Landry, Avoyelles, Avoyelles, and Concordia, so far as finances allow.
Broadly speaking, LAA assists with the following types of civil legal matters:
LAA serves a relatively low percentage of the total target population of eligible clients in the rural parishes in which they operate. Like legal aid societies in other areas, LAA provides pro bono services to eligible residents with a network of private and institutional volunteer attorneys. Some of the volunteer attorneys work as full-time staff at professional law firms and engage in pro bono work in exchange for credit. In exchange, they gain experience in highly competitive professional contexts, receive recognition for their service, and intuitively learn about the various legal issues confronting residents of their community. Legal aid societies, including LAA, often use a centralized intake protocol to facilitate referrals from the general public. They are also in constant contact with community organizations that assist low-income residents, including shelters, legal clinics and other nonprofits.
Lafayette Legal Aid Qualifications
Eligibility criteria for legal aid in Lafayette, Louisiana vary based on the services being requested. While not universal, many of the programs have baseline prerequisites that help shape who qualifies for assistance. In general, applicants must be low-income or in poverty.
For example, the Veterans Affairs Justice Outreach Program (VA-JPOP) requires that the veteran must be enrolled in, or be eligible for, medical care with the Department of Veterans Affairs. The Low-Income Taxpayer Clinic (LITC) establishes that applicants are below the federal poverty guideline for their household size. Most other forms of legal aid run on similar income restrictions.
While the limitations might seem restrictive, those below the poverty guideline will be assisted. While the general guideline does not cover those making as much as $60,000 annually, there are programs that do assist individuals making as much as $50,000 a year within specific circumstances.
There are a variety of residency guidelines, as well. The LITC program is open to all U.S. citizens or resident aliens who reside within Lafayette Parish and meet the income restrictions. Similar rules apply to those looking to use the Docket Assistance Program, with Lafayette Parish determining eligibility and residence being the major factor. There are no residency guidelines attached to the Homeless Outreach Program (HOP), but applicants must be below the federal poverty guideline.
Some programs are more stringent in selecting their beneficiaries. An applicant for VA-JPOP assistance must have entered military service under other than dishonorable conditions and also meet residency requirements. The Veteran’s Legal Services Clinic has a similar policy, but applicants must reside within Acadiana. Applicants to the Veterans Treatment Court must also reside within the 15th Judicial District.
Federal guidelines are also a factor in qualifying for legal aid. Any applicant should also understand that any applicant who can afford private legal assistance will not receive legal aid. There are additional considerations when requesting child custody/visitation services.
Services Provided by Legal Aid in Lafayette
Lafayette legal aid lawyers can provide services in all aspects of family law, including divorce, child custody, and child support. Louisiana legal aid charities routinely refer clients to the appropriate social services organizations for assistance with domestic violence or mental health issues. In Louisiana, legal aid lawyers may also assist you if your wages have been garnished or if a bank account or piece of real estate is being seized. If they cannot help you, they may put you in touch with a free legal services organization that focuses more on those issues than traditional pro bono services. Louisiana legal aid lawyers are also active in consumer fraud matters, such as when a fraudulent practitioner sells you a defective product or whether your wage is being garnished by a payday lender who utilized predatory lending practices or a loan shark. They will also represent you in seeking public benefits, such as food stamps (now known as the Supplemental Nutritional Assistance Program or SNAP) or public housing vouchers (also known as HUD housing). If you are being abused, either physically, financially, psychologically, or sexually, legal aid lawyers can assist you in obtaining domestic violence protective orders (also known as domestic violence injunctions) and restraining orders. These can prevent someone from contacting you or coming within so many feet of you. Legal aid organizations can also assist you in finding domestic violence shelters.
Primary Legal Aid Agencies
Major Legal Aid Organizations in Lafayette, Louisiana
Three key organizations provide a broad range of legal aid services for low-income individuals: Acadiana Legal Service Corporation, the Louisiana Bar Association, and the Baton Rouge Bar Foundation.
Acadiana Legal Service Corporation
Acadiana Legal Service Corporation (ALSC) serves 13 southwest Louisiana parishes: Acadia, Avoyelles, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary, Vermilion, Vernon, West Baton Rouge, Jefferson Davis, and Pointe Coupee. The mission of ALSC is to provide civil legal representation to low-income individuals in southwest Louisiana and focus on the promotion of self-agency for low-income families through legal education and legal advice programs. Services include legal advice clinics, family law, child custody, divorce, consumer law, housing, and estate planning. ALSC provides pro bono services for clients that meet eligibility requirements. It also partners with area volunteer attorney groups to provide comprehensive training to lawyers. Services are offered in English and Spanish.
Louisiana Bar Association
The Louisiana Bar Association (LBS) offers a range of resources for low- and middle-income individuals. The LBS Volunteer Lawyer Program matches low-income individuals, who are in desperate need of legal assistance but cannot afford full-price legal representation, with trained, experienced local attorneys who have agreed to provide free legal counsel. Clients may choose any area of the law provided by the Volunteer Lawyer Program, including bankruptcy, personal injury, divorce, adoption, power of attorney, name change, and employer/employee problems. Consultations may take place on an as-needed basis or through a free monthly clinic hosted with Baton Rouge’s Pro Bono Project. The LBS also refers people to other sources of free legal services provided by bar associations and other legal aid organizations throughout the state.
Baton Rouge Bar Foundation
Providing 16 service projects, the Baton Rouge Bar Foundation offers legal aid to more than 6,500 individuals in need. Key programs include the Homeless Outreach, Veterans Program, Divorcing Louisiana Wives Program, the Senior Legal Outreach Program, a LawLine School/Parent-Taught Driver Education Program, and a Custody Clinic.
How to Apply for Legal Aid
In Lafayette, Louisiana, individuals in need of legal assistance can apply for legal aid by visiting one of the local legal aid offices. Legal aid attorneys and support staff are available to help guide individuals through the application process. The first step involves filling out a comprehensive intake form, which includes providing personal information, description of legal issues, and financial information to determine eligibility. After this form is completed, a legal aid attorney will meet to discuss the case and determine if legal aid services are appropriate.
For those who are unable to visit a local office, Louisiana Legal Aid Online provides a virtual alternative for individuals to apply for legal assistance . This online resource can be accessed at any time and from any location with internet access. The online form closely mirrors the process of applying in-person and includes filling out a detailed application form, providing supporting documents, and answering financial-related questions to assess eligibility.
Individuals looking for legal assistance are also encouraged to bring relevant documents to their appointment or attach them as part of their online application. Commonly required documents include proof of income, proof of assets, and any papers pertaining to the legal issue at hand such as court summons or agreements.
Other Legal Aid Resources
Pro Bono Services and Legal Clinics
Lafayette residents with limited means can also turn to pro bono services. Pro bono services are provided by private attorneys who willingly volunteer their time and expertise to help the underserved. Right now, there are several organizations in Lafayette committed to providing these services. Lafayette Bar Association is also happy to provide some pro bono legal assistance over the phone. In addition to pro bono services, Lafayette Bar Association coordinates the service of Faith, Hope and Law, which holds free legal clinics on the first Monday of each month at 5 p.m. in Lafayette.
Alternate Resource: Self Help Desk
Another option for Lafayette residents is the free self help legal resources from the Lafayette Parish Public Library. This resource is not available on Saturdays or Sundays. The Library also provides Legal Aid and Pro Bono Services on its first floor and the Center for Equity, Inclusion and Diversity.
Difficulties Facing Legal Aid
Legal aid in Lafayette, Louisiana, like legal aid across the country, faces a number of challenges that make it difficult for them to fully meet their mission. One of the biggest challenges for all legal aid offices is the problem of funding. For legal aid in Lafayette, funding comes from both Congress under the LSC and state funding. Funding is decreased every year, and never seems to be enough to provide access to full services. In fact, some forms of legal aid, like those for consumer debt, are handled by private attorneys who donate their time. Due to the high demand on legal aid lawyers, they do not have the time to handle figures and documents for consumer debt cases. Even the current funding is not equally distributed among legal offices. For example, Greater Baton Rouge has more funding than Lafayette, despite the fact that Lafayette serves more Georgians.
Another challenge for legal aid, especially in Lafayette, is the high demand for their services. In 2003 , 1.3 million people in Louisiana met the income qualifications for civil legal aid. In order to meet this demand, legal aid in Lafayette would need to hire 10 new lawyers and 12 other legal staff. Their only solution to the high demand has been the launch clinic to train private attorneys in how to take civil cases and handle them in pro bono. By training these attorneys, legal aid can free up their own lawyers for cases that do not fall in the area of pro bono public service.
The third challenge for legal aid in Lafayette is being able to take on complex cases and extend their services to underserved areas in the state. For example, when a hurricane or flood occurs, legal aid must expand their services and take cases in areas like public housing developments, which they usually do not service. In order to expand their services, they must find additional funding. Without additional funding, they must rely on the generous donations of the private legal community.