What Is Legal Aid?
This entry from the Florence County Public Library provides a great summary of what the sixteenth circuit’s self-help center can offer and what to expect there.
Legal Aid is a non-profit organization that provides free legal assistance to low income families and individuals who cannot afford private counsel, including certain low income families with children. Legal Aid advocates for client objectives in all legal matters, including housing, foreclosure, consumer, utilities, public benefits, family law, immigration , and expungement of criminal records.
Free legal aid is available to qualified applicants in all counties in South Carolina from Legal Services, a non-profit corporation created by the Supreme Court of South Carolina. Legal Aid helps applicants with their legal needs or refers them to other legal assistance organizations.
The goal of legal aid is to provide representation for low income families so that they are treated fairly by the judicial system and given the same access to a fair and impartial hearing as those who can afford private counsel. Legal aid is provided to meet civil (non-criminal) legal needs.
Qualifications for Legal Aid in Florence, SC
In Florence, SC, legal aid is generally available to individuals and families who meet specific criteria and income guidelines. The legal aid offices in the city also handle cases on a pro bono basis. In South Carolina, income eligibility is set at lower than 125 percent of the federal poverty level.
A wide range of assistance is available for people applying for legal aid in Florence, SC. Individuals and families in need may be eligible for: To be eligible for civil legal assistance in South Carolina, an applicant must have low income or be elderly or disabled.
To qualify, applicants must meet a strict guideline of both income and assets in South Carolina. The assessment of income, assets and need for legal services is also dependent on the type of case presented. Further restrictions apply to various types of cases, as follows:
Domestic relations cases. In cases of divorce, paternity or adoption, an individual may be eligible if the following six criteria are met: Cases involving a protective order. For individuals seeking legal aid in cases where the threat of physical harm exists, eligibility will depend on proving the following five criteria:
Housing cases. Because housing cases are general litigation matters, the selection process for low-income applicants is less formal than other areas of the law. Housing cases may involve: Elder law cases. For individuals aged 60 and older, legal aid eligibility is determined by the following criteria:
Custody cases. For custody cases involving families with children, income limits are removed. Legal aid may provide representation in cases involving grandparents, parents or third parties seeking to gain custody. Applicants should be aware that all legal aid services do not require income eligibility. Pro bono work is done by some attorneys and is provided free of charge.
Various Forms of Legal Aid in Florence, SC
Within the legal system, there are three types of law under which a legal professional may offer you assistance. Each of the respective areas has its own set of guidelines that governs the organization and scope of aid offered. All legal aid organizations have been chartered for their respective areas and you must fit into one or more of these categories to benefit from their services.
Civil law is generally the first area of the law considered by a legal aid office, or any lawyer for that matter. The services offered by legal aid in this area include assistance in landlord-tenant disputes, personal injury lawsuits, personal bankruptcy and other issues that encompass the realm of civil rights. Civil rights protection is one of the primary reasons that many legal aid offices were founded.
Legal aid clinics in the area of family law relate to divorce, child custody, child support and alimony. You may be able to receive advice on how to proceed with filing your paperwork and representation in court, although this will generally depend upon the type of income you bring in. Most of the legal aid clinics will have the income requirements posted so that you can determine if you qualify before you even call for an appointment.
Criminal law is the third category in which legal aid is offered. In this area, you may be able to receive advice and possibly representation as well. A few examples of the types of legal matters that fall within the area of criminal law are DUI, physical assault, weapons or gun crimes and sex crimes.
Applying for Legal Aid in Florence, SC
Applying for legal aid in Florence, SC, is a structured process that aims to connect people who cannot afford a lawyer with legal counsel or services. The process generally begins with gathering essential information and documentation regarding your legal issue and any finances relevant to your case. This is important because the use of legal aid is usually based on your financial situation, and you may need to show that you qualify for free legal services.
After gathering all the information, prospective clients are encouraged to visit the South Carolina Access to Justice Commission website. This site provides information on how mutual parties can resolve their disputes through alternative methods of legal assistance, such as mediation. Upon visiting the site, you will find an intake form for potential clients to fill out. All required sections must be completed accurately for a qualified individual to be referred to a legal aid organization. Otherwise, there may be a delay in the application process.
If the client qualifies for legal aid, the program will refer them to a legal aid organization in the area. They will then follow up with the individual and arrange a meeting with an attorney, who will determine the level to which they can be helped. The attorney will speak with the client about their case, the options available, and whether or not they can represent that client.
The process of applying for legal aid generally follows the above steps and through programs such as the Medicaid managed care during portal (MMP) program, you have the ability to apply online, via phone (1-800-22-ASSIST), or in person, but it is always advisable to visit the South Carolina Legal Services or the South Carolina Bar Association if you require free legal representation.
The following is a list of legal aid offices in Florence, SC, that offer assistance with various legal services.
Advantages of Legal Aid in Florence, SC
The availability of legal aid services has a multitude of social and economic benefits for the Florence community. By providing pro bono and reduced-fee legal services to low-income residents, legal aid improves their overall well-being and integrates them into the social fabric of the community.
For one, legal aid helps clients navigate the complexities of the complex civil law. By taking up free and discounted work, these organizations can allow individuals and families to avoid miserable cycles of poverty and homelessness by resolving major legal issues like losing their home or facing criminal charges. In addition, legal aid groups can provide counsel to low-income business owners and to those trying to protect their intellectual property. The availability of such nuanced legal advice improves the economic opportunities of vulnerable populations and keeps them out of the criminal justice system.
Legal aid also benefits the local economy more generally. By ensuring that a large portion of the population has access to fair legal representation in civil matters, these services minimize the uncertainties associated with business transactions and hypotheticals. These legal aid programs further contribute to a more predictable and equitable business environment by representing businesses fighting against unfair competition and fraudulent contracts. Finally, legal aid supports the local economy by securing the financial resources necessary for low-income individuals and families to thrive. Access to counsel benefits the local government by lowering the costs associated with non-violent crimes , civil suits and property valuation disputes.
Access to justice is a fundamental right under the constitution. Legal aid helps to ensure that this right is honored. Legal aid groups are particularly important to low-income individuals who cannot afford the steep costs associated with hiring an attorney. Instead of trying to navigate the courts and other legal institutions alone, low-income individuals have access to help. This serves to lower the number of clients’ cases before the courts, which increases judicial efficiency.
Legal aid increases access to justice for plaintiffs and defendants, thus benefitting the judicial system as a whole. Reducing the number of self-represented persons in the courts reduces the costs and pressures on judges, who otherwise would be forced to slow court proceedings in order to explain procedures to self-represented litigants. Additionally, having a legal professional represent a party will likely improve the quality of litigation. Legal aid groups increase the odds that plaintiffs get a fair hearing in the courts, that the defendant’s rights are respected and that the responsible party is required to pay a proper amount of damages.
Legal aid helps to reduce systemic inequalities for the low-income residents of Florence and the surrounding area. Minority groups and non-white individuals across the country face numerous barriers while seeking access to justice. At legal aid, the mission of all involved staff members is to help clients and to create opportunity for them to thrive. Many legal aid groups go out of their way to provide culturally and linguistically competent legal services to low-income individuals that experience systemic inequality.
Challenges for Legal Aid Services
The challenges for legal aid services in Florence, SC are significant. Legal aid programs are often overburdened, especially since a large segment of the population qualifies for legal aid but an equally large segment does not, which means that there is often more demand than there are resources to meet those demands.
Specifically, nearly 40 million Americans are eligible for legal aid at any given moment. But the system has been criticized as archaic and bureaucratic, reducing the availability of lawyers within the program. Some lawyers refuse to work within the strictly controlled legal aid program out of frustration.
While some legal aid programs have established alternative routes for providing aid, such as legal help desks and self-help centers, eligibility requirements still exist.
One of the largest problems plaguing legal aid programs is funding. Legal aid programs are often funded by both government and private sources. Federal investment in legal aid programs has been steadily declining through entities like the Legal Services Corporation, which grants millions of dollars each year for legal aid programs.
One of the most notable cuts in funding to the LSC was the one enacted by former President Obama in 2016, eliminating funding for hotlines to assist veterans with legal issues as well as evictions and foreclosures. The LSC has also been targeted by President Trump for cuts, which would almost certainly equal a massive reduction across the board for all legal aid programs.
Many legal aid programs, therefore, rely on state-budget funding, however, this is quickly being reduced as well. South Carolina has historically low spending on legal aid (despite more than 1 million residents who qualify for help)—spending $23.96 per person in 2015, the last year data is available. North and Georgia both spend more than $50 per person in legal aid at the state level. In 2016, South Carolina legislators appropriated $3.8 million for legal services, which is $650,000 less than they did the previous year, leaving many legal aid programs in the region short on resources.
In addition, clients who most need legal aid rarely know how to obtain help or even that help is available. Many states, like South Carolina, also face geographic challenges—law firms are not concentrated in rural areas, leading to limited availability of legal assistance.
Prominent Legal Aid Providers in Florence, SC
Florence, SC families can access various legal services through several local organizations, including the SC Bar Association, Legal Aid of South Carolina, the South Carolina Legal Services (SCLS), SC Appleseed Legal Justice System.
The SC Bar Association helps in screening prospective cases and providing pro bono assistance to those whom it accepts. It helps find attorneys for eligible people and pay reasonable fees on their behalf. The Bar was founded in 1791 to maintain the honor and dignity of the law and the integrity of the people serving the profession. In 1884 it started appointing attorneys to help represent the poor in the state courts. SC Legal Services performs the same work in the community as it did back in 2014 when it became a special purpose district to help people with economic disadvantages connect with justice. The organization has seven offices around the state where they provide legal assistance with civil law issues across the state. Areas of practice include housing, consumer issues , public benefits, domestic violence and family law, disability and special education, bankruptcy and tax, health care access and powers of attorney and guardianships. The local SCLS branch accepts applications for new clients and updates to current client’s cases. They also take calls from lawyers seeking help with pro bono cases and offer special clinics for veterans. The SC Appleseed Legal Justice System provides a voice to vulnerable people through advocacy, litigation, and community education. Their work focuses on low-income families who need affordable health care, housing and food as well as wages based on working value. The organization works with lawyers to help eliminate barriers of people obtaining access to justice. As a partner with other institutions and community organizations, they aim to bring community awareness to bigger issues and ways the community can unify to enact change. Types of cases it may be able to help with include employment, family law and domestic violence.