What are AmeriCorps Legal Advocates?
The AmeriCorps Legal Advocates (ACLAs) program is a national initiative launched in 2020 that embeds attorneys and other legal professionals at community-based and nonprofit organizations to represent low-income individuals in matters related to civil legal aid. These advocates specifically handle cases involving employment, housing, family law, consumer issues, government benefits, immigration, and other civil legal needs. With this program , the BIA joins state bar associations and nonprofit organizations across the country that have collaborated with the national AmeriCorps program—previously AmeriCorps Vista—to place legal advocates in civil legal aid groups. The ACLAs program grew out of the Access to Justice initiative, which focuses on expanding access to equal justice through initiatives such as increasing pro bono participation and providing more civil legal aid resources to low-income Americans who cannot afford a lawyer.
Qualifications and the Application Process
Attorneys interested in applying for the AmeriCorps Legal Advocate position must be eligible to become members of the Oregon State Bar Association upon their appointment. Prospective attorneys should check the OSB membership eligibility requirements to confirm they qualify to apply. The AmeriCorps Legal Advocacy Project (ACLA) Application is released in April of each year simultaneously with the announcement of available ACLA projects for the upcoming program year. An attorney interested in a specific project must apply by submitting an application form prior to the May AmeriCorps kick-off. After the submission of the application, the attorney client matches are made and applicants for particular host sites will be interviewed by the host site supervisors. The selected attorneys undertake a week-long, intensive training, at the end of which they are installed in their host sites. The attorneys make a 12-month commitment to work full-time at their respective host sites.
How AmeriCorps Legal Advocates Impact Communities
The work of Attorneys and paralegals on AmeriCorps Legal Advocates is not limited to the cases and clients they serve; from their start, in 2014, they have worked to improve outcomes for those who come to legal aid programs, redefining the face of legal services in communities across the nation. In 2016 Senior Staff Attorney with the Bay Area Legal Aid (BALA), Gina Larsen who supervises the Hunga Munga Prevention Initiative at BALA reported: "Previously we had to turn away thousands of low-income individuals and families who sought our help with evictions, domestic violence, harassment, and other severe legal problems. With our two new positions funded by Equal Justice Works, we will be able to assist clients with advice, representation, and other legal services to prevent eviction, homelessness, and domestic violence." AmeriCorps Legal Advocates serve in legal aid offices throughout the country. In 2018 alone, members assisted 92,000 individuals and secured over $50 million dollars in economic impact helping low-income people address critical legal issues involving housing, health, consumer matters and domestic violence. Members also helped reduce the homeless population in communities by 90 individuals and 93% of low-income survivors of domestic and sexual violence who played an active role in their case report feeling safer. Advocates touched the lives of thousands more.
Training and Support for Legal Advocates
In addition to the training hours logged at the Legal Aid Society and during their AmeriCorps orientation, the coordinators have worked with the attorneys to create lists of on-going training opportunities. The Federal Bar Association has been a great partner. All of the AmeriCorps Legal Advocates are members of the FBA, and each year, the FBA collaborates with the ABA, the Dominican Bar Association and the Puerto Rican Bar Association to hold the "Spanish-speaking Justice Oral History Project" (SJOHP).
On a monthly basis, the attorneys attend training presentations by the Legal Aid Society’s Unit Chiefs. The Unit Chiefs include Chanler E. Peters and Melvina Johnson, the attorneys who presented on "Overview of Ethics in Immigration Representation;" Julissa Whyte, who presented on "Pleading our Clients’ Cases"; and Orisha Ortiz, who presented on "Immigration Court: Do’s and Don’t’s for Immigration Court Advocacy." In addition, the attorneys have attended presentations by Julie Ferreira, who spoke on July 14th on "Immigration Law Skills," and Maria DeSalvio and Mary Vestal who spoke on "Preparing for Removal Proceedings" on July 21st.
Pro bono collaborations have also lent to the on-going training opportunities for the lawyers. For example, the pro bono director at Skadden, Arps, Slate, Meagher & Flom LLP and Associates, Yasemin Atalay; the IMMIGRATIONPROBONOFORUM, http://immigrationprobonoforum.org/; and law students from Columbia Law School, American University’s Washington College of Law, and Pace University School of Law have all assisted on the ground with trainings and workshops.
Partnerships and Collaborations
Program participants develop ongoing relationships with law firms, non-profit organizations, and government agencies. These partnerships not only expand AmeriCorps Legal Advocates’ reach and the number of hours we can allocate to particular activities, but help program participants learn about the work of other advocacy organizations across the country.
Law Firms
Program participants volunteer at the law firms where they will be placed during their second year. Participants research potential aspects of cases and practice areas that the firm might want to undertake pro bono or in a more limited capacity. In some instances , participants are able to persuade the firm to take on a new area or three new cases. Participants learn how to make the business case for doing more legal assistance for the poor and the advantages for both the firm and long-term program volunteers.
Non-Profit Organizations
Program participants volunteer and receive trainings from local legal services providers or bars. Participants learn about the range of activities and innovative projects that a legal services provider or bar might undertake with significant funding, or how a provider or bar manages to do what it does with a small budget and few staff members.
Government Agencies
Program participants volunteer and receive trainings from state agencies such as the Missouri Department of Social Services. In Missouri, participants volunteered with the Family Support Division and learned about the complexities of interfacing with the courts from within a state agency.
Challenges for AmeriCorps Legal Advocates
Each case that AmeriCorps Legal Advocates take on is different, and so too are the challenges advocates face when trying to reach equitable terms of resolution for their clients. The majority of our advocates however do find themselves limited by systemic issues outside of their control. Some of the most common challenges faced by advocates include: attorney availability, limited legal aid resources, or the refusal of opposing parties to reach a compromise.
Aside from the systemic shortcomings that many advocates face, common challenges also arise out of communications with clients. Many legal advocates have experienced the bittersweet process of watching a client make significant progress towards financial security, only to see them lose a job or have a spike in medical costs depriving them of the possible returns their hard work and sacrifice would have yielded. In these cases, advocates must forego the happy ending of sending their clients off as new homeowners or debt-free, when in reality, their path just takes a different route. When redefinition of progress is necessary, advocates must be there to navigate the often murky process of determining what services are still available to their clients, and if they qualify for them.
Supporting AmeriCorps Legal Advocates
There are a number of ways individuals and organizations can support AmeriCorps Legal Advocates. Like other nonprofit organizations, legal aid societies rely on donations from private foundations, grants, and the federal Legal Services Corporation for funding. Advocates such as those with the National Network of Fiscal Sponsorships recommend that people who are thinking about supporting a tax-exempt organization investigate its "501(c)(3)" status to determine whether their contributions will be tax-deductible.
Organizations and individuals can donate money or in-kind services to legal aid societies and other nonprofit organizations; volunteers can offer their time; and those who have special skills can donate the use of their talents. Attorney volunteers can provide a variety of services: pro bono representations, brief service (or "duty") help, mentoring or training, or nonlegal services (such as providing communications assistance, outreach services, or health and wellness training). If you would like to do pro bono work, it’s important to check with your state bar association to see what types of programs are available and which programs have availability near you. Many local bar associations have pro bono programs for which you may sign up. There are also private organizations, such as Pro Bono Net and Pro Bono Partnership, which can help match people interested in doing pro bono work with appropriate opportunities.
Volunteers for legal aid societies also provide community education, networking services for ongoing projects, program administration, legal training for nonlegal staff, clerical support, and technology assistance. An attorney with special expertise may donate an online seminar, lecture, or workshop.
You can donate in-kind services by providing such things as:
Legal aid societies also desperately need money. Donating cash is the easiest way to help. Some legal aid advocates recommend giving as much as possible to your local civil legal aid society, while others recommend giving to a program that supports many programs so that the funds can go where they are most needed. Check out the Legal Aid Foundation, and others, to target your donation.
You can also support advocacy for stronger civil justice in a number of ways. Advocates have been writing and providing services to help maintain and strengthen the federal government’s Legal Services Corporation and other funding sources for civil justice, such as the American Bar Association’s Civil Gideon Task Force. A number of organizations track legislative and policy changes. They also organize "administrative" campaigns (directly lobbying legislative bodies) and "grassroots" campaigns (targeting voters) to advance and protect civil justice. The Coalition for Court Access, which promotes civil equal justice before our nation’s courts, is one such group.
The Future of AmeriCorps Legal Advocacy
The future of AmeriCorps Legal Advocates (ALAs) looks bright, with untapped potential for growth and the opportunity to expand their mission. Existing sites are expanding their programs and pushing their boundaries; new sites are cropping up across the country. Already, alumni have moved into leadership roles at federally recognized legal services organizations, while others have launched unique missions that benefit immigrants, the indigent, and various other populations. Admitted to the New York bar upon the completion of her clerkship, one former ALA is about to move to Mississippi to launch a housing project for low-income tenants. Another former ALA is working as a policy advisor for the Mayor of Los Angeles. Still another has focused her efforts on challenging the restrictive United States’ border and immigration policies at the Southern California border .
But there is a need for more ALAs. Despite the success of AmeriCorps Legal Advocates, the vast majority of Americans living in poverty are denied legal counsel at critical times due to the lack of free legal aid. Many ALAs are committed to raising money from private sources to fund additional AmeriCorps slots. They also hope to recruit recent law school graduates to serve before taking the bar exam or clerking. AmeriCorps acculturation helps develop a strong work ethic at an early stage in a legal career. AmeriCorps Legal Advocates also need more supervision; expansion would allow them to take on added responsibility. Existing ALAs have become leaders in capacity building, training, and pro bono recruitment. Their experience should be tapped to expand coverage to meet the legal needs of all Americans.