Pro Bono Legal Aid Explained
Pro Bono legal services are generally defined as legal work done for no fee. Pro Bono work is undoubtedly a labor of love, and most of us know at least one attorney who is always looking for another pro bono case or two to fill their calendar. This is especially true in matters of family law. Pro Bono generally means "for a public purpose" and the attorneys who volunteer their time do it because their practice allows them choose, and they know that families are hurting. They also know that in every family law matter there are more people affected than just mom and dad and the kids. In Contra Costa County there are organizations like the Justice and Diversity Center (JDC), a program of the Bar Association of San Francisco that coordinates the efforts of lawyers who want to provide pro bono legal services to low income families. The JDC allows high achieving law students to provide free family law services to the underprivileged. They recruit and train law students and pair them with attorneys who want to be sure that lawyers from the Bay Area want to take pro bono cases, and that there is competency in those cases . I have filed fees waivers in countless cases, and sadly I have seen both lawyers and staffs at the courthouse be either frustrated by the process, or rude to self represented litigants. It has been the exception and not the rule to see a family law court clerk or judge who was understanding or even sympathetic to a litigant who is filing papers in pro per (without a lawyer). In the past few years, organizations like the JDC have formed volunteer attorney groups which offer family law equal access services clinics to folks who otherwise could not afford to hire legal help. Help can be found through the weekly Family Law Information clinics which currently meet in Martinez and Pittsburg on a rotating basis. There is also a monthly Family Law Legal Clinics in Brentwood and Concord, where volunteer attorneys provide short 30 minute consultations. There are also Family Law Clinics through Bay Area Legal Aid – Contra Costa, where attorneys help with matters such as divorce, custody and domestic violence restraining orders.
Pro Bono Family Law Qualifications
While private family law lawyers rarely offer their services pro bono, several legal aid organizations and clinics do. Eligibility for pro bono assistance in Contra Costa County is typically based on financial need. While the amount of income that may be considered by each organization varies, common rules include: no cash or checking account balances over a specified amount, no net equity in a home over a specified amount, no cars worth more than a specified amount, etc. This means at least some of your assets must be less than a certain amount in order for you to qualify for pro bono help. In addition to financial hardship, some organizations require individuals requesting legal assistance to have physical disabilities, be veterans or be the disabled children of veterans, be survivors of sexual assault, domestic violence, or other crimes, be elderly, or be living with HIV or AIDS, among other things. Waiting lists and limited appointments may also factor into whether or not a private attorney will represent you pro bono in a family law case or action.
How to Obtain Pro Bono Family Law Representation
Finding a pro bono family law attorney in Contra Costa County can be accomplished through several resources. One of the primary ways is to contact the Contra Costa County Bar Association. They can match you with a family law attorney who has agreed to take a pro bono case. You should understand that you will generally have to demonstrate that you cannot afford an attorney and meet certain income requirements. You should also be advised that while your family law attorney will offer you their legal knowledge and experience to assist you, they cannot ethically or legally provide counseling or mental health assistance.
There are several pro bono family law organizations and clinics in Contra Costa County. Currently, we are aware of five options:
Another option is the Contra Costa Family Court Services Program. By statute, all family law litigants must attend orientation before filing for divorce. In Contra Costa County, this usually entails attendance at a program called "Children, Divorce and Custody," where family court services staff will present information about custody, visitation, and support, followed by breakout sessions. Programs last several hours, and there are no pre-registrations or fees required.
The self-help clinic at the Martinez Superior Court is free of charge, and no registration or appointment is necessary; simply walk in. Typically the self-help clinic meets on Tuesday through Friday from 8:30 a.m. to 2:00 p.m. on a first-come, first-served basis. Although there is no fee, we believe there is a $20 fee for a notary public.
Pro Bono Coverage for Family Law Matters
There are a number of types of family law cases that can be handled on a pro bono basis. These include divorce, child custody, child support, and domestic violence cases. California law provides for the right to counsel in any proceeding where a parent stands to lose physical custody of his or her child. There are a few exceptions to this law however, such as divorces where assets in excess of $250,000.00 are involved. In Contra Costa County, volunteer attorneys can also handle domestic violence cases . There is no income limit in a domestic violence case; it is presumed a person qualifies for a free lawyer if there is a domestic violence case pending. However, volunteers are only assigned to cases with one party as a Petitioner. This means that a volunteer attorney cannot be assigned to a Respondent in a domestic violence case who files a response and wants a lawyer. The volunteers are primarily made up of private family lawyers who believe in giving back to the community by volunteering their time with pro bono cases.
Advantages of Accessing Pro Bono Family Law Assistance
Access to justice is a core principle in our legal system. In family law, access to justice means that everyone should have the opportunity to have their voices heard in court, regardless of their ability to pay. Pro bono legal assistance plays a crucial role in making this principle a reality for those who might otherwise go without legal representation.
In Contra Costa County, the Family Law Facilitator’s Office is a valuable resource for individuals who have family law matters before the court. The Facilitator’s Office provides free legal assistance to self-represented litigants in a variety of family law cases. This includes divorce, legal separation, legal annulment, paternity, and modifications of court orders regarding spousal support, child support, child custody, and visitation.
The benefits of pro bono legal assistance are not limited to the individuals seeking help. The community as a whole also gains from having more people with access to competent counsel. When more residents have access to legal representation, it leads to an overall more efficient court system. Cases settle more frequently when both parties are familiar with the strengths and weaknesses of their positions. Additionally, more individuals with current and accurate information about their legal rights minimizes the number of cases where individuals either take contrarily illegal position or attempt to re-litigate orders with no merit.
In family law cases, emotions can run high, and the stakes are often very personal. The ability to navigate this delicate area of the law requires a solid foundation of legal knowledge and experience, and those who are self-represented are generally at a distinct disadvantage.
Pro bono programs such as the Contra Costa County Family Law Facilitator’s Office play an important role in leveling the playing field. They provide those in need with professional legal support, helping them to fully understand their situation and make informed decisions about how to move forward. This can be life-changing for many clients, allowing them to protect their rights and interests in a way that would not be possible without the support of dedicated legal professionals.
In conclusion, pro bono legal assistance is an indispensable element of the family law system in Contra Costa County and beyond. It allows more individuals to have their voices heard in family law matters and encourages the fair and proper administration of justice.
Limitations and Concerns
Accessing pro bono family law attorneys can be problematic in Contra Costa County for various reasons, which can frustrate the individual seeking help. A common misconception is that there are numerous pro bono services available in the county. The reality is there are not enough resources to meet the demand. Many think that they can walk into pro bono and get representation for any matter at any time — recent data gathered by the Administrative Office of the Courts shows that almost 80% of low income families who seek help with a civil matter are turned away because of lack of resources.
For self-represented litigants trying to access family law matters, that means trying to find help in all the wrong places:
There is also the common myth that if someone receives assistance in one area of the law, they cannot receive help in another. That is not necessarily true. Pro bono attorneys and the non-profit organizations that provide family law representation often operate under an availability and conflict of interest issue. If there is a conflict, the pro bono attorney can no longer represent a client, or do not have the capacity to handle more than one matter for a client . For example, if you are representing yourself in a divorce case and you want a "pro bono" attorney to assist you with a different family law action, that attorney would be unable to represent you because he or she is already representing you in the divorce case.
Small but mighty, Contra Costa County has the second smallest staff of court attorneys in the state. With 13 family law judges and only 5 attorneys available to assist the court and the litigants attempting to navigate the new family law rules, court staff is stretched to its limits. On October 6, 2014, the Legal Aid Society of Contra Costa promoted its Family Law Friday program with its first commercial on KKDV Radio to increase awareness of Family Law Friday events held every Friday at different locations. Lack of advertising, outreach and community partnerships are often the missing components in getting the word out on programs being offered to the public. We’ve got very limited resources!
Pro bono programs are often stretched thin since the economy has impacted their funding and even those who qualify for free legal assistance are turned away.
In Contra Costa County, pro bono help is finally on the way. It just takes a little longer to find it.