Accessing Legal Help: Pro Bono Legal Services for Adults with Disabilities
What Is Pro Bono Legal Help?
Among the services provided by legal assistance and advocacy organizations, including protections for disabled adults, are pro bono legal services. In general, pro bono legal services are those offered at no cost or for only a minimal fee. While not all disabled adults will qualify for these services, particularly high-net worth individuals, thousands of low and middle income adults in Michigan benefit from this legal assistance annually. Many legal assistance organizations have established income brackets to determine who qualifies for their pro bono services.
Pro bono services are incredibly important and helpful to disabled adults, especially when they would not otherwise be able to afford the legal assistance they need . Some non-profit organizations that provide pro bono legal services require applicants to make an appointment over the phone, in person or online. Others have walk-in clinics for those seeking legal assistance, while others can accommodate both individual and family legal needs for qualifying applicants.
While the legal world is considered to be predominately for profit, opportunities for volunteerism such as this help to balance out the scales and make the possibility of obtaining legal representation within the reach of many disabled individuals who would otherwise face unnecessary hardships.
Legal Issues of Disabled Adults
For disabled adults, their unique needs can pose special legal challenges, notwithstanding the standard legal protections afforded to all Americans. In addition to protections against discrimination on the basis of disability, accessible accommodations and benefits through state and federal programs, many other areas of the law of great practical import can present residents and practitioners with complex legal questions and challenges. For example, how does a person who cannot manage their own financial and business affairs protect their best interests? Who will do this for them? How can a disabled person obtain guardianship over a disabled child? Are there special rules or considerations that must be accounted for in dealing with property held in abeyance for the benefit of a disabled adult?
For some, the misfortune of a disability may also mean poverty, which is another limitation a person may face in the pursuit of quality legal representation. There may be concerns about the costs of legal services, and moreover, whether a qualified attorney will even be willing to represent one’s interests on a contingency fee or flat-fee-based structure.
Qualifying for Pro Bono Legal Services
To qualify for pro bono legal assistance, the disabled adult must have a case that does not involve colorable defenses and which he cannot afford to finance on his own. As the indirect recipient of the vouch and confer pro bono program, Mental Health America has adopted its own procedure for handling requests for pro bono legal assistance so that each MHA affiliate can develop an approved criteria and procedure in a manner that best meets its local needs. At a minimum, a disabled adult must meet the following criteria:
- The disabled adult’s income must be at or below 200% of the federal poverty guidelines. This will vary from geographic location and should be compared to financial need under the Legal Services Corporation guidelines for that geographic area.
- The disabled adult has attempted unsuccessfully to find an attorney to take the case on a reduced fee basis or on a contingent fee basis.
- The proceeding must be one in which a lawyer is needed.
- The disabled adult must demonstrate that he cannot obtain the legal services from any other available source.
- The disabled adult’s case must comport with the locality’s pro bono policies. For example, some programs only handle cases of limited scope, such as divorce whereas others may take a comprehensive approach.
Documentation may include a letter of request, a copy of the complaint, a retainer agreement, and proof of income or lack of assets. The disability may be verified through the MHA affiliate if they are already a client or through the state disability agency if necessary.
Finding Sources of Pro Bono Legal Aid
Disabled adults may find themselves in need of legal services at various times during their lives. Luckily there are resources available to help out either directly or by providing assistance in finding a referral for an attorney. Many local and national legal clinics provide services or referrals for pro bono (meaning no cost to the disabled adult) legal services. The disabled adult can contact their state’s bar association to see what resources may be available in their area.
One of the main organizations available to provide pro bono services or referrals is the American Bar Association. Their national pro bono database is located online at www.findlegalhelp.org which is searchable by state. The site has information on national and state programs that provide pro bono legal help.
The National Disability Rights Network is also a good resource on finding pro bono help for disabled adults living in the United States. Their website, www.ndrn.org, has a disability listing that includes information on rights of individuals with disabilities as well as a tool to find a network member in the state where the individual with a disability lives.
Another resource for both individuals and legal services organizations interested in pro bono work is the National Legal Aid & Defender Association. Their website, www.nlada.org, provides information on projects and other pro bono resources for those interested in doing pro bono work as well as resources for disabled adults in need of legal services. There are also searchable resources for disabled adults in particular needs such as elder law.
Another resource for disabled adults in need of legal help is the American Association of People with Disabilities. Their website, www.aapd.com, provides two search options: one for pro bono legal services and one for lawyers offering a reduced fee schedule.
Many of the major disability rights organizations also provide pro bono opportunities or guidance for people with disabilities needing legal assistance. Organizations including but not limited to the American Council of the Blind, the National Council on Independent Living, the National Association of the Deaf, the American Association of People Involved in the Legal System, and the American Association of the Deaf-Blind provide resources on legal assistance, pro bono opportunities, and in some cases well as access to pro bono attorneys.
There are many resources available to the disabled adult in need of legal assistance. The Internet is helpful in finding your way to some of these many different resources.
Pro Bono Services and Disability Rights
Pro bono services can play a critical role in supporting and empowering individuals with disabilities by helping them advocate for themselves, navigate the legal system, and protect their rights. Pro bono attorneys often work with disability rights organizations to offer legal support and representation to individuals with disabilities, helping them to access crucial services and opportunities.
One prominent example of pro bono services helping disabled adults is a successful disability law case brought by pro bono counsel. The case involved an individual with a severe traumatic brain injury who was wrongfully denied Social Security disability benefits. The pro bono attorneys assisted the individual with the application process and successfully appealed the decision . This example illustrates how pro bono legal services can help navigate the complex system of disability rights and increase access to benefits and support services.
Another successful pro bono case involved a disabled adult seeking to reclaim her home that had been sold at a tax auction. The pro bono attorneys were able to demonstrate through legal avenues that the individual was entitled to reclaim the property, protecting her from eviction and loss. This case is an excellent example of how pro bono legal services can aid in protecting the rights of individuals with disabilities.
Overall, pro bono legal services can make a significant difference in the lives of adults with disabilities by helping them to navigate the legal system, protect their rights, and advocate for themselves.
Steps to Follow When Seeking Pro Bono Legal Aid
Pro bono services are a valuable resource for disabled adults. In the event that another source of income, such as a worker’s compensation settlement or social security benefits does not provide you with enough of a financial lift to afford a legal service, you can still access important guidance without paying a dime through one of the many pro bono programs available to those with disabilities. In order to make the most of such services and to qualify for assistance, it is imperative that you follow the necessary steps required by each organization.
Initial Contact
Use the internet to look for a pro bono legal services agency in your area. Your local library or a family member or friend that works in or around the legal industry may also be useful tools in finding the right program for you. When calling to inquire about their services, be sure to explain that you’re not able to pay for the assistance you’re seeking and that you’re wondering if they offer such services. Be polite and stay on subject, so as to avoid wasting your time or theirs. Try not to judge any agency by the promptness in which they return your calls. Some do not have the funding to hire paid staff, so they are often short on time.
Preparing for a Consultation
Once you have secured a return call and have set up a time, take some time to prepare ahead of time by having the following on hand: In addition, it is vital to provide the exact names and numbers of other parties involved in your case, if applicable. In the event this information is withheld or incorrect, your appointment may be delayed or possibly cancelled altogether. If you have found an attorney willing to take on your case, be sure to obtain their email address. This will allow you to send them documents ahead of time so you do not have to spend unnecessary time during your visit waiting for a copy to be made.
Further Steps
On occasion, a private program may refer you to another organization that may better suit your needs. Try not to be offended by any referrals or feel disappointed, as they are only looking out for your best interests. Take note of each referral provided to you, so that you may secure help.
Examples of the Value of Pro Bono Services for Disabled Adults
A single mother in her late thirties and the working poor, Amanda relied on food stamps and a low-cost rental program to get by. A communications employee with a national non-profit, Amanda had had a savings account of $600 when she was suddenly laid off due to a shift in government funding last year. After applying for unemployment, she continued to struggle financially after being denied services from the state-run accessible transportation provider. Unable to afford the one-way ticket price of $75 for a bus outside of Florida that would help her reach job interviews she was seeking out of the state, Amanda believed she was facing a crisis—when she was referred by the state to the Elder Law and Advocacy Center for legal assistance.
Caitlin, a new attorney, was thrilled to be able to take on Amanda’s case as a pro bono representation and quickly got to work drafting the letter to Miami-Dade County Public Transit’s Accessible Transportation Services to seek legal representation for her and assist with her challenges finding employment . Numerous letters were sent to Miami-Dade over the course of months and finally, a breakthrough! Miami-Dade County replied to Caitlin and Amanda’s letters and provided Amanda with five one-way tickets if she was willing to relocate her return flight and not exceed the tickets. Caitlin honored Maimi-Dade’s request and set up a schedule that gave Amanda ample time to meet for each planned interview: reporting at 9 a.m., meeting with the potential employer and finishing by noon. Caitlin also helped Amanda retain a pro bono settlement attorney to handle an insurance dispute which resulted in Amanda receiving a $40,000 settlement she used to pay for damages to her car and household bills.
Amanda believes she may have lost the potential employment opportunity without Caitlin’s help. She has been offered several jobs is currently looking forward to her next scheduled job interview in June. She remembered the following as well since her relocation to Miami-Dade: "In my native English language, we have a saying, ‘Get lost in your thoughts. Find the right road home.’ (Paraphrase) with the help of the Elder Law and Advocacy Center, I don’t need to get lost anymore."