April 16, 2014

Guest viewpoint: State funding for civil legal aid critical in fight against poverty

By CHARLES R. CASARTELLO, Jr., Esq. and JONATHAN MANNINA, Esq.

When we first met Laurie, she and her two children were about to be evicted from their home in Ludlow. Laurie had secured a divorce and was working two jobs to try to pay the mortgage and support her kids. Despite her efforts, the bank foreclosed on the house and started an eviction case against her. Laurie is the definition of “working poor”: toiling hard, but barely getting by. Paying a lawyer for essential legal services, even to protect her family’s home, was a practical impossibility.

Terrified of becoming homeless and desperate for help, Laurie turned to Community Legal Aid (CLA). Her CLA lawyer discovered that the eviction case had not been brought correctly, and also uncovered legal problems with the foreclosure sale itself. CLA brought claims in court on Laurie’s behalf in an attempt to overturn the foreclosure. At the same time, her CLA lawyer helped Laurie work with a non-profit organization that assists families trying to repurchase their homes at an affordable mortgage rate. Thanks to CLA’s work, Laurie was able to prevent the eviction, buy her home back at an affordable price, and, as she says, “start life over again.”

Laurie’s story demonstrates the critical importance of civil legal aid. Unlike defendants in criminal cases, low-income people with civil legal problems — domestic violence, evictions and foreclosures, lack of affordable healthcare, or the inability to access lawful benefits — aren’t eligible for court-appointed attorneys. Instead, they rely on the limited availability of legal aid programs, often the only way that basic needs such as financial security, affordable housing, and safety from abuse can be met.

As you read this, our state lawmakers are building next year’s budget. We hope they will agree to invest $17 million in civil legal services throughout Massachusetts. A 2013 report by the Massachusetts Legal Assistance Corporation (MLAC) estimates that legal aid organizations saved the state over $10 million last year by winning child support orders, preventing domestic violence, and keeping people from losing their homes and entering the costly shelter system. Civil legal aid programs also bring in significant federal revenue. MLAC estimates that legal aid resulted in at least $10 million in new federal revenue in 2013 for the Commonwealth.

In western and central Massachusetts, advocates at Community Legal Aid help more than 5,000 individuals and families each year facing life-altering legal issues but who cannot afford to hire an attorney. Sadly, the need for legal services far outstrips our ability to provide them. Community Legal Aid is forced to turn away over half of the people who ask us for help and who are eligible for our services because we don’t have enough staff. Each of these people is in a legal crisis. But every time limited funds choke off our ability to accept a case, we have to make agonizing decisions: “Which battered woman is in the most immediate danger without legal help?” or “Which family will become homeless first without representation in Housing Court?”

Funding for civil legal aid strengthens our society by meeting America’s promise of equal justice under the law. It is also an excellent fiscal investment for the Commonwealth, especially in these trying economic times. We think that is an investment worth making.

Jonathan Mannina is the Executive Director of Community Legal Aid. Charles Casartello is the President of the Board of Directors of Community Legal Aid and a partner at Pellegrini, Seeley, Ryan & Blakesley, P.C.