Legal Aid Explained
If you have a legal problem and cannot afford a private lawyer, you may be able to get help from an organization that provides legal aid – a type of legal assistance funded by the government. In the United States, legal aid organizations provide free civil legal services to individuals with limited income. Legal aid lawyers provide services in many types of cases, including family law, consumer law, public benefits law, housing law, and employment law. While legal aid lawyers assist thousands of people, they cannot guarantee legal aid will be available in every situation. Even when legal aid is available, there may be limitations on the types of assistance offered and the fees charged for such assistance. In many places, legal aid is provided through a network of nonprofit law firms with staff attorneys, private attorneys who volunteer to take individual cases , and legal clinics that help on a pro bono or sliding scale fee basis. Nonprofit law firms may receive funding from the government in the form of grants, contracts, or other forms of assistance, or from non-governmental sources in the form of private donations, grants, and earned income. Funds from the federal government are distributed through the Legal Services Corporation (LSC). LSC is a nonprofit corporation created in 1974 to ensure that low-income individuals have equal access to the judicial system, and it funds more than 130 nonprofit legal aid programs throughout the United States. While LSC provides significant funding to state legal aid programs, many states also use other sources to provide legal aid services, including state funds, donations from private bar associations, and private donations.
Legal Aid Resources in Geneva New York
Geneva, NY, may be a small city, but residents are fortunate to have several legal aid organizations available to assist with various needs. This section provides a brief overview of the main legal aid organizations that serve Geneva and the types of services they offer.
Finger Lakes Health Legal Assistance of Western New York
Finger Lakes Health offers the Finger Lakes Health Legal Assistance of Western New York program, which is a program for individuals diagnosed with HIV. The program seeks to connect individuals with HIV to a qualified and/or bar-certified attorney to represent them in civil matters.
LawNY
LawNY is the leading non-profit law organization in New York State. It helps low-income residents access basic needs such as health care, food, and housing. It also provides assistance with legal matters such as domestic violence, discrimination, and public benefits. LawNY offers two offices in the area, one in Rochester and another in Geneva:
Ontario County Office
282 Main St #700
Canandaigua, NY 14424
Tel: (800) 724-7495
Geneva Office
117 East Ave
Geneva, NY 14456
Tel: (800) 724-7495
Pro Bono Services
The Ontario County Bar Association sponsors the pro bono services of the Law Office of William E. Brewer, PLLC, and other volunteer lawyers who help individuals on occasion. They focus on representing clients who have nowhere else to turn for legal assistance. Individuals seeking representation should contact Maria M. Sweeney directly at (585) 396-8438.
NY State Bar Association
The Mortgage Foreclosure & Bankruptcy Unit of the NY State Bar Association provides a source of pro bono representation and assistance on housing and related issues. It helps low-income residents facing foreclosure or bankruptcy with legal representation by volunteer attorneys.
Legal Aid of Northern New York
Legal Aid of Northern New York provides comprehensive services to low-income clients in need of legal representation. It works with pro bono attorneys to offer a full range of legal assistance. Legal Aid of Northern New York offers assistance in central, northern, and western New York State, including:
Legal Advocacy Center of the Finger Lakes
The Legal Advocacy Center of the Finger Lakes provides support through ready legal consultation and advocacy to low-income residents struggling with housing and family-related legal issues. Individuals seeking consultation are asked to call ahead and make an appointment.
Who is Eligible for Legal Aid
The eligibility requirements for legal aid can vary depending on the type of service being sought. In Geneva, NY, common criteria include income limitations, residency requirements, and the nature of the case. Typically, individuals must demonstrate a financial need—usually, an income below a certain threshold—or they cannot receive legal aid services. This income threshold is generally listed as a percentage of the federal poverty level. The percentage for eligibility may vary by organization and by type of assistance sought, but it is usually between 100% and 125% of the monthly income level considered to be the poverty line for the year. It is important to note that most legal aid organizations do not consider assets when making their eligibility determinations. If you have low income, you are more likely to be approved for legal aid services then if you have significant resources. Legal aid programs also typically require proof that you are currently living in the area they have the license to serve. This is generally as simple as due discretion, as they are short staffed and are only sitting on a few days or weeks a month to help out those in the areas they are allowed to practice in. Other requirements can include whether your case is a criminal or civil matter, the severity of the case, and whether or not you already have an attorney working on your case.
What Kinds of Cases Does Legal Aid Cover
Legal Aid in Geneva offers free or low-cost services to support individuals in need of legal assistance for common civil legal matters. In Geneva, legal aid organizations address the necessities of life through services that assist with both preventive and rehabilitative legal assistance. This can include matters affecting basic human needs and access to justice in the civil justice system, such as family law – including spousal support and divorce cases – immigration status issues, housing, homeownership, access to government services and aid, HIV/AIDS rights and related healthcare access, employment discrimination, custody, bankruptcy , and domestic violence.
Family courts are heavily involved in the legal aid experience. Many legal aid service providers focus on family matters and produce specialized family law programs. Divorce, child abuse and neglect, domestic violence, adoption, child custody/support, spousal support and legal separation are among the most common issues dealt with in Geneva Family Court.
Housing and foreclosure are also critical issues for legal aid. New York State legal aid organizations are developing new and innovative foreclosure prevention programs. Many include aggressive foreclosure defense initiatives, outreach, education, and community organizing.
How to Get Legal Aid in Geneva NY
To begin the process of applying for legal aid in Geneva, NY, the first step is to determine your eligibility for services. Make sure you meet the income guidelines and other requirements outlined by the legal aid organization in Geneva you wish to contact (see above section). Many legal aid organizations require that you demonstrate your financial need based on your income and household size.
The next step is to gather and prepare all necessary documentation to support your application for legal aid. This includes providing relevant identification such as photo ID or a social security card, as well as proof of income or financial statements. In addition, legal aid services often require information about your legal issue to help them assess your case and determine how they can best assist you.
Once you have completed the eligibility criteria, collected all required information, and filled out the application form, it is time to submit your request for legal aid. Most legal aid services for people living in Geneva, NY allow for applications to be submitted online or via telephone. Some require the completion of an in-person interview at their office as part of the application process.
After you submit your legal aid request, you will be informed as to whether or not your request has been approved within a certain period of time, generally between 5-10 business days. If you qualify for legal aid, you will be assigned a pro bono lawyer who will provide free legal services to you, based on your unique legal needs.
Alternative Ways to Get Legal Aid
For those who do not meet the income or eligibility requirements, alternative programs may exist. The Legal Aid Society in Geneva, NY provides a form of free legal aid to low-income residents of the area, but if you do not qualify for assistance, there are other options available to those who cannot afford the cost of legal representation.
Pro Bono Services
One option is the pro bono pool, where private attorneys who handle a wide range of legal concerns volunteer their services at low or no cost. These attorneys do this to provide legal services to residents who truly need them but can’t afford them. Pro bono services are typically less formal, and go through a local bar association, which serves to match cases with available attorneys.
Legal Clinics
A legal clinic is a drop-in setting that provides general, but not specific, legal advice. Legal clinics can assist with a variety of matters, and are very focused on helping those without means. The fee for a legal clinic is nominal, usually just a few dollars. Typically, you do not need to make an appointment. A legal clinic may be able to assist you with: Legal clinics do not provide legal representation , which means they will not go with you to court and represent you. A legal clinic is also not a legal aid service—they do not have a staff of attorneys to draw from, nor do they always have attorneys available. In addition to the bar association, which offers a legal clinic in Geneva, NY, the Pro Bono Services Clinic hosts a limited clinic once a month just in Geneva. You don’t need to call to make an appointment—just walk through the door and speak to a volunteer.
Low-Cost Legal Services
A legal clinic is different from low-cost legal services in that low-cost legal services are often offered by law firms or legal organizations at below-market rates. It’s possible to arrange representation on a sliding scale or through payment plans. These services, therefore, are not free; they are affordable. Low-cost legal services are generally better for more serious matters that include litigation, such as divorce and custody disputes. Business services and litigation are also high on the list of services included in low-cost legal assistance.