Legal aid demand going up in Dayton

DAYTON, Ohio (Dayton Business Journal) - Volunteer work provided by lawyers in the Dayton region has remained steady in the past few years, but demand for legal aid has steadily increased.

As federal support for legal aid programs continues to erode, organizations like the Greater Dayton Volunteer Lawyers Project, which pairs low-income individuals with lawyers on pro bono civil cases have struggled to meet demands. Fortunately, lawyers in the region have not curbed their willingness to step in and help.

?Legal aid in general is getting hit from both sides,? said Helenka Marculewicz, executive director of VLP. ?There?s a substantial increase in the number of people who need help and there?s a substantial decrease in money available to provide services.?

VLP receives its funds mainly from Legal Aid of Western Ohio Inc., an organization that provides assistance in civil cases to low-income individuals. Those funds come from the federal Legal Services Corp., which hands down dollars to more than 130 independent legal aid programs.

Legal Services Corp.-funded programs close about one million cases annually nationwide involving households of 2.3 million people and provide other legal help to more than 1.3 million people, according to the organization.

At the same time, funding has eroded in recent years. Congress in November voted to provide Legal Services Corp. with $348 million for 2012, a $56 million reduction from 2011. Not surprisingly, that has trickled down to the Dayton VLP and its operations, which received $117,000 from Legal Services Corp. for 2012, down from $122,000 in 2011.

Meanwhile, the VLP continues to hand out civil cases to volunteer lawyers in higher volumes, Marculewicz said, but with just two employees, the organization struggles to meet demands.

The program serves individuals in a seven-county region who are at or below 125 percent of the federal poverty level threshold, or those with an annual income of $13,600 or less. That equates to an income of $27,938 a year for a family of four.

The VLP closed 2,003 cases in 2009 and 1,564 cases in 2010. By the latest count for 2011, which includes through Sept. 30, the program had distributed 999 cases and closed 850. Annual numbers sometimes vary based on the hours required for a case, Marculewicz said, plus she and the other program employee split their time to write grants and handle other administrative work, leaving less time to match clients with lawyers.

Family law in demand

The Constitution provides individuals the right to a lawyer in criminal cases, but not for civil matters, such as child custody disputes, bankruptcies and individual rights violations. That is where the VLP program and other Legal Services Corp.-funded organizations come into play.

About 70 percent of VLP cases involve family law, Marculewicz said, especially child custody, child support and divorce. Employment and housing cases are common, and at the same time, bankruptcies and foreclosures have slowed.

Another trend has emerged: More individuals who have lost their jobs and who previously have not needed assistance from legal aid programs now are looking for help ? and they?re frequently disappointed.

?You have the new poor ? those whose circumstances have changed substantially ? and I don?t think they?re used to the limited services available to low-income people,? Marculewicz said. ?They?re surprised when they find out that (legal aid) doesn?t give everyone an attorney.?

And if individuals do not qualify for VLP help, their only other option is to somehow hire a lawyer.

?If we can?t help you, there is no place else,? Marculewicz said.

Volunteer numbers steady

While the VLP has watched its budget shrink over time, lawyers have not slinked away from volunteer work with the program, perhaps because its stamped into industry conduct standards that lawyers should pay it forward.

?I think, obviously, every lawyer understands his or her obligation to pro bono service, and regardless of how busy they are, they make time for the less fortunate,? said Andrew Reitz of Faruki, Ireland & Cox PLL. ?When you?re in an economy like this, now is the time that pro bono is even more important.?

The Supreme Court of Ohio strongly pushes lawyers to volunteer their services, but it does not require any certain hourly standard to meet. Regardless, about 850 lawyers work with VLP clients, and still others volunteer their services for community groups and other organizations.

?This is part of the legal profession and we?re proud of the work that (lawyers in Dayton) do,? said Bill Wheeler, executive director of the Dayton Bar Association, which promotes the VLP and whose foundation provides support for the program.

For lawyers, pro bono work not only helps the community, but also strengthens muscles not frequently flexed, Reitz said, which in turn strengthens the industry.

?As a lawyer, if you don?t practice in that area, (pro bono work) exposes you to a new practice of law and keeps your skills

up to date,? he said. ?There are so many benefits to the judicial system in general, because then you have lawyers who understand that process.?

And it provides a warm and fuzzy, do-good feeling.

?It?s nice going home at night knowing that you helped someone through a process that is foreign and difficult,? Reitz said. ?Those clients are so grateful of those services provided. I?ve seen it.?

Source: http://www.wdtn.com/dpp/news/legal-aid-demand-going-up-in-dayton

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