I wrote awhile ago about the gap between low-income people’s needs for legal services and the capacities of legal aid programs to provide them. Now a report by the DC Access to Justice Commission and the DC Consortium of Legal Services Providers brings it all home.
It’s one of the most depressing reports I’ve read in a long time. And that’s saying a lot.
Last year, the DC Access to Justice Commission reported in detail on the range and types of civil legal services needed by low-income people in the District. It concluded that, even with the D.C. government funding approved for Fiscal Years 2007-8, “the needs of those who cannot afford a lawyer substantially outweigh the available services.” And that was before the recession set in.
As the new report says, low-income residents now face more severe hardships–and more legal problems. Legal services attorneys estimate a 20% increase in requests for help. Increased needs are probably greater.
Meanwhile, local legal assistance organizations are grappling with drastic funding reductions. In 2009:
- The D.C. Bar Foundation had to cut its grant-giving in half because revenues from its usual source of funds–the Interest on Lawyers Trust Accounts program–plummeted due to the Federal Reserve Board’s cuts in interest rates.
- Law firms and individual practitioners cut their contributions by as much as 20% due to declines in their business.
- Firms also laid off associates and deferred hiring, thus reducing the availability of pro bono services.
Faces with less income, the organizations cut back on staff–both full-time attorneys and other staff whose work supports the quality and quantity of legal services provided. The network as a whole has lost the capacity to represent 1,050 clients and to provide less resource-intensive forms of help to an additional 2,100.
The organizations have adopted various strategies to cope with staff shortages. Many limit access or the types of services provided. By and large, cases involving complex issues, long-term representation and/or substantial resource commitments seem to have fallen victim to the need to provide some assistance to as many people as possible.
Resource constraints have also forced the organizations to limit efforts that can most effectively address the needs of large groups of clients–advocacy, systemic litigation and test cases. This is obviously a vicious circle, since resources committed to broad-based change would tend to limit the individual emergency needs that are now consuming all the resources.
Prospects for next year look even worse:
- The District’s grant to the D.C. Bar Foundation, which channels funds to providers, has been cut by 20%.
- Budgets for the DC Office for Victim Services and other agencies that provide grants for legal services have also been cut. Reported losses to providers exceed a total of $100,000.
- Foundations that have struggled to sustain their funding for legal services will have to cut back due to significant declines in their assets.
Thus, the report says, the crisis in civil legal services representation will get worse before it gets better–unless there is substantial change.
How do we get there? First, I think, we need a much broader and deeper appreciation of why our community as a whole needs a robust legal services network.
The epigraph to the report, by Justice Learned Hand, puts it well: “If we are to keep our democracy, there must be one fundamental commandment: Thou shalt not ration justice.” That’s what we’re doing now–economizing at the expense of fairness, inclusiveness and shared prosperity.
Say what you will about tough economic times. I say it doesn’t have to be this way.