Legal Fee Grants Explained
Legal fee grants are a type of financial aid a party in litigation can apply for. Generally they are designed to help those who have limited financial means pay for legal fees associated with their representation in a lawsuit. For example, many grants are available expressly for plaintiffs in cases who lack the resources to bring a lawsuit or defend a lawsuit due to mounting legal fees. These grants are especially popular in class action cases, where a plaintiff may not be able to afford to hire a lawyer on an hourly basis. Some grants are available to organizations , while others are open to individuals in need. These grants can allow a plaintiff to manage legal expenses, help their attorney be paid for their work, and possibly speed up the settlement or trial process. If both sides of a case retain counsel, as often happens, costs associated with discovery can double and lead to expensive appeals (if the case is resolved by either party). Legal fee grants can make it easier for all parties to resolve a case.
Who Can Get Legal Fee Grants?
For many, obtaining a grant to help pay for solicitor’s fees is the only way they can proceed with litigation. As such, there are no financial or social barriers, in principle, applying to those who may receive a grant of legal aid to meet their costs. There are however many regulations and guidelines which restrict the criteria for obtaining a grant, and these vary in accordance with the type of case that is contemplated.
For example, in divorce proceedings, there is a requirement that one of the spouses must be the "applicant". This means that you do not qualify for a grant for legal aid where you are the respondent in divorce proceedings (even though on a needs basis you may be the one with the most need of legal aid). The reason for this is that it is thought that the applicant in such proceedings is the party which in general terms instigates divorce proceedings, rather than the respondent.
On a divorce, where there are financial issues to be resolved, an applicant will qualify for a grant of legal aid providing that she is in receipt of certain benefits or earning under £800 per month. The criteria for obtaining a grant where Other Public Law Children Proceedings are concerned, Tanya Barry, a child protection solicitor at Duncan Lewis, explains there that:
"if you have children, you will be considered a "protected" person under sections 22 and 22ZA of the Children Act 1989, and you will automatically qualify for legal aid in public law Children Proceedings, even if you are not on low income." Apart from the above, grants for legal fees in the following cases are available on the basis of demonstrating one of four eligibility factors: 1. The case must likely be successful and/or the court will make a ruling in the applicant’s favour; 2. The issue that is being appealed must be important to the applicant; 3. There is public interest in the issue that is being appealed; 4. The case involves a sufficient question of law.
Types of Legal Fee Grants
Depending on the circumstances, the following types of financial aid may be available.
Government Grants. The government provides limited forms of legal fee assistance for certain cases. These include grants for legal services to indigent persons; assistance with other legal fees for senior citizens or special populations; assistance to Medicaid service recipients who are seeking legal assistance with Medicaid issues; and assistance with certain fees for temporary disability insurance. Information is available through local, state, and federal offices.
Grants to Non-Profit Organizations. A number of non-profit organizations and professional associations award grants to legal aid and public interest programs nationwide. For example, the American Association of University Women Educational Foundation (AAUW) provides funding to research lawyers fees for abuse victims; the American Psychological Foundation provides funding for litigation costs for cases involving child custody issues; and the National Lawyers Guild offers funds to assist cases involving police brutality, reproductive freedom, and civil liberties.
Private Foundation Scholarships and Grants. Private foundations and law school alumni have established a myriad of scholarships, fellowships, and grants, specifically for legal fees. Some of the most noteworthy include the Ford Foundation and Robert Wood Johnson Foundation, with varying eligibility criteria for financial need.
Applying for a Legal Fee Grant
Applying for legal fee grants can be a straightforward process, provided you know where to look and what documentation is required. The first step is to research the availability of grants in your area. Many states, provinces, and territories offer grants through their government-run legal aid programs or local bar associations. You can find out about these opportunities by visiting their websites or calling their offices.
Once you have identified potential grants, you will need to begin the process of applying. The first step in applying for a legal fee grant is to submit an application form — most grant providers require you to complete an application form before considering your request for funding. These forms can often be found on the granting organization’s website. Be sure to read the instructions carefully and provide all the information requested. In some cases, you may be required to provide copies of supporting documents such as your income tax returns or bankruptcy documents.
You may also be asked to provide references or letters of support. If you are applying for funding as a group, your application will likely require the signature of each group member and their consent to represent themselves collectively.
Once you’ve completed the application form and gathered the necessary documentation, you will need to submit the package to the appropriate body and wait for a response. It’s a good idea to keep copies of everything you send, just in case you need to refer back to it later. If your application is denied or you receive less funding than you expected, don’t be afraid to ask for an explanation and whether there is any way to appeal the decision.
In summary, applying for a legal fee grant requires due diligence and attention to detail.
Best Free Legal Fee Grant Resources
Some of the most prominent resources that actively help prospective clients obtain legal aid grants are as follows.
National Legal Aid and Defender Association (NLADA): http://www.nlada.org/2011-legal-aid-in-america-press-releases The NLADA holds a treasure trove of critical information for those seeking financial assistance across the nation, in a wide variety of areas. The NLADA is a national organization of state and local program defenders, public policy organizations and private attorneys who share a strong interest in the delivery of high quality representation to individuals who cannot afford to hire an attorney. The NLADA works to secure a stable, quality system of justice that works for everyone.
Pro Bono Net: http://www.probono.net/info.html Pro Bono Net is a nonprofit organization and public-private partnership devoted to increasing access to justice for the poor and disadvantaged. A gateway for advocacy , volunteerism, pro bono and support in one location, Pro Bono Net offers extensive legal information and dozens of training courses.
State Support Centers: http://www.nlada.org/commforassist/Lawyer_Guide/jurisdictionsNLADA/capbuilders_state.asp Each state’s Support Center provides technical assistance and training to non-profit groups, legal service providers, and other stakeholders in that state. This comes in the form of authoritative content, as well as access to referrals for assistance with specific tasks such as information technology and development, fund raising and communications. The State Support Centers are quickly becoming a hub for data sharing and collaborative projects.
U.S. Department of Justice: http://www.usdoj.gov/civil/ The U.S. Department of Justice holds information for several types of legal aid grants, as well as current funding opportunities and various program sites.
Success Stories Involving Legal Fee Grants
Ten years ago, Jim was wrongly accused of a crime he didn’t commit. He couldn’t afford to pay the legal fees to hire an attorney. The initial paperwork was completed and a lawyer was assigned. However, when it came time for court, Jim’s lawyer hadn’t prepared the way he should’ve, had not properly understood the law and the facts of Jim’s case and missed the most basic of motions. Jim went to legal aid for assistance. Legal aid told Jim he didn’t qualify for their services, so Jim went to Pro Bono resource, but was denied again. Without any support, Jim had to represent him self. After some time with no movement of any type and several court delays Jim went back to his legal aid support and this time he was accepted. Jim hired another attorney from the legal aid society and won his case. Jim is now a free man and enjoying life.
A few months ago, Sarah found herself in need of legal assistance for her husband Michael who was suffering from a rare form of dementia. She needed to get him placed in a facility that could provide the round-the-clock care he required. Sarah visited a Pro Bono clinic for assistance. Sarah shared: "I was so proud. I felt equal and empowered by having an attorney at my side throughout the entire process. He even escorted my husband and me through an orientation program on caring for people with dementia. I will forever be supportive of this program."
Marvin, a retired veteran, was living off of his guarnateed pension when he was required to find a new home because his landlord was no longer renewing leases. Marvine applied for grants through Noon Day Ministries to pay for the legal cost of reviewing leases. "Our attorney, Ms. Smith, was honest, engaging, and knowledgeable". He went on to say, "Ms. Smith made us feel like we had a voice and choice in our housing situation."
Other Options Beyond Legal Fee Grants
In addition to legal fee grants, you may also be eligible for other types of financial aid to cover the cost of your legal fees. Payment plans, pro bono services, and legal aid societies are all options to consider.
Payment Plans
One option is to ask your lawyer for a payment plan. You may be able to pay your legal fees in installments, rather than in one lump sum. Doesn’t sound good? Even if you’d prefer to have it all done at once, many divorce cases take months to resolve. Your lawyer might be perfectly willing to extend convenient payment terms while you wait for your case to wrap up. You’ll have more time to pay the bill—and your lawyer will have less incentive to cut corners and encourage you to settle prematurely.
Payment plans are common of cases that last for several months or even years. For example, a divorce might drag on for a full year of litigation while the parties struggle to come to an agreement. Many lawyers offer payment plans for family law matters so that clients can avoid being squeezed by fees.
Pro Bono Services
If you need assistance from a lawyer but can’t afford legal fees , pro bono attorneys may be an option. Pro bono services, offered to those who cannot afford to pay, are not available to everyone. However, if you need assistance, you may be able to find a lawyer who is willing to take your case without charging a traditional retainer or hourly fees. You will probably need to provide documentation showing your income and expenses and demonstrating your need for assistance.
Legal Aid Societies
You may also be eligible for assistance through legal aid societies. These charitable organizations help low-income individuals find affordable legal services in their states or local areas. In some cases, legal aid societies provide free legal representation to those in need.
Does this apply to you?
Keep in mind that these financial aid services are offered to those who are in need. If you have ample income and resources to pay your legal fees, you probably do not qualify for these forms of financial aid.