Insight into Legal Aid
The American Bar Association defines "legal aid" as "a term of art, referring to the broad variety of programs that provide civil legal assistance to low-income Americans." As the Legal Services Corporation notes, "legal aid is essential to making the promise of equal justice a reality for all Americans." Legal aid lawyers help "low-income people solve legal problems such as domestic violence, consumer scams, unsafe housing, denial of government benefits, foreclosure and job discrimination."
Often, people need legal representation but can’t afford it. Legal aid exists so that people in this situation can receive the justice they deserve. Our Gary, Indiana area law firm will be participating in this movement by offering pro bono legal services for people in our community . While pro bono representation is always important, it is especially so during these difficult economic times. Legal aid lawyers offer invaluable services to low-income members of our community, particularly when they are potentially facing impactful legal issues – including landlord-tenant disputes, consumer complaints and domestic issues.
The process for obtaining legal aid is relatively simple. Legal aid’s website – www.indianalegalservices.org – offers an easy to navigate legal aid locator tool where residents of Gary, Indiana, as well as others throughout the state of Indiana, can find the necessary information and resources to obtain legal assistance.
Legal Aid Qualification in Gary
Eligibility requirements for legal aid services in Gary often vary by organization. Most of these organizations primarily offer civil legal aid to low-income individuals or families. To determine eligibility, organizations consider applicant income, assets, and family size. Most organizations use the Federal Poverty Level guidelines. These figures are published annually by the Department of Health and Human Services. For 2018, these guidelines set the poverty level at $12,140 for a single individual. For each additional household member, the threshold rises by $4,320. This means that a family of two can exceed the threshold at $16,460. The eligibility threshold increases by $4,320 for each additional member of the family. Typically, a combined household income above 200% of the poverty guidelines results in legal aid ineligible.
The typical financial guidelines for many programs implement a sliding scale by income and assets. In some cases, assistance is available to families earning up to 300% of the Federal Poverty Level. However, if your family is well above the established limits, some legal aid programs may refer you to an attorney or assist you with a limited scope lawyer referral service. Some organizations also have special programs like an Asset Development Program that offer assistance to working poor families. Legal Aid organizations are not allowed to provide assistance to someone who has already retained a private attorney. To qualify for assistance, the legal problem must be a matter which they handle or that is covered by their funding. Legal aid programs can rarely afford to take more than one case per family, per legal issue. Many of these organizations get all of their funding from private donations and grants. In a few other limited circumstances, legal aid qualifications are waived.
Areas Covered by Legal Aid
Legal aid in Gary, Indiana handles a wide variety of case types. Family law issues include such concerns as divorce, separation, child custody, and domestic violence. The organization’s attorneys also handle child support cases. Indiana state law offers protections for what are known as "victims of family violence." The organization helps such individuals with the process of obtaining protective orders.
Homeless prevention is another area of law that legal assistance based in Gary covers. Tenants rights are protected under federal and state laws, so legal aid attorneys can help individuals and families who face discrimination or unfair treatment by their landlords. Housing disputes can involve such issues as unpaid rent, action by a landlord to evict a tenant, and the failure of a landlord to keep a property in good condition.
Consumer protection is another concern of the organization where legal aid attorneys in Gary may step in to handle certain issues on behalf of clients. Such issues include illegal debt collection practices, harassment by creditors, claims of debt relief or credit repair scams, and utility service interruptions or shutoffs.
Area attorneys also provide legal services related to public housing and eviction, state crime victims’ rights, mortgage foreclosure, and predatory lending. Clients who are age 60 and older may also access legal assistance.
Application Process for Legal Aid
Before you are able to receive legal aid services, your application must be approved by a local legal aid representative in Gary, IN. Therefore, it is important that you follow the process.
To begin the application process, you have to fill the form out by visiting the United Way of Indiana website. You will also have the option of applying in person. The form will ask multiple questions about your household income, your income resources, and whether or not you have applied or been denied assistance in the past. In the event that you need further assistance with completing the form, you can reach out to the Indiana Helpline at 1-855-846-9443.
At the local level, you can contact the Northwest Indiana Legal Aid Clinic, which is located on the domestic violence action center campus within the city of Gary. The organization can also be reached by phone at 1-888-442-8605. The Business hours of the clinic are Monday through Friday from 8:30 a.m. to 4 p.m. It is closed to the public on Wednesdays. After hours, interested individuals can call the organization and leave a message with details of their situation. The clinic will contact them during the following business day. Clients will also be informed if legal aid services are available for their particular circumstance.
Before legal aid services are granted, individuals applying will need to present the representative with several documents. This includes information about their age, such as a birth certificate, and social security numbers. Applicants will also be asked about their income sources. This includes names and social security card numbers for everyone living in the household, dates of birth, names of employers, phone numbers for their employers, and copies of recent check stubs. If an applicant receives Social Security benefits, they will need to provide a copy of their most recent award letter from the Social Security Administration.
Local Legal Aid Agencies
The following organizations serve the Gary area and are among the central components of the legal aid system in the region. They are mentioned here only to provide a starting point for your research.
Indiana Legal Services, Inc. (ILS) is a nonprofit law firm that provides free civil legal services to low-income residents of Indiana. Funding for this organization comes from federal, state, and local sources, as well as from private donations provided by individuals and groups in the Indiana community. Indiana Legal Services maintains an office in nearby Merrillville. The organization’s stated mission is "to provide civil legal aid, support, and information to low-income individuals and families with basic human needs through the use of high quality legal representation, community education, and community involvement." ILS website: www.indianalegalservices.org
Catholic Charities provides social, educational, health, and legal services to Indiana residents through regional offices, including locations in Gary and Crown Point. The primary objective of Catholic Charities is to offer support to families and individuals who are considered vulnerable, and who may be coping with poverty, mental illness, or disability. Catholic Charities offers various legal services, including immigration law and the Legal Assistance for Family and Youth (LAFAY) program, which connects youth between the ages of 12 and 25 to attorneys who will represent them and provide advice on child advocacy matters and school discipline issues. Catholic Charities’ Office of Refugee and Immigrant Services (ORIS) provides referrals for undocumented individuals, including domestic violence victims. Catholic Charities website: www.catholic-charities.org
The Northwest Indiana Volunteer Lawyers for the Arts (NIVLFA) provides free civil legal services in arts-related legal matters to low-income artists and serve. Legal assistance is provided by attorney volunteers from private law firms, academia, and the public sector. The organization works with groups such as Dance Northwest, the Hammond Academy of Science and Technology, and the Indiana University Northwest Theatre. NIVLFA website: www.nivlfa.org
The Northwest Indiana Volunteer Court Appointed Special Advocates (NWI CASA), based in Crown Point, advocates for children who are involved in the child welfare system due to abuse or neglect. The agency serves Lake , Porter, and LaPorte counties. NWI CASA volunteers are all local community members who mentor and empower youth, and they work directly with the youth involved in the program as well as with the youth’s family, friends, teachers, and others who hold the child’s best interest. The ultimate goal of CASA is to prepare youth for a safe and positive young adulthood.
Indiana University Northwest offers Connects for Kids, a university-based legal clinic for clients seeking assistance with the Special Immigrant Juvenile Status (SIJS) visa. SIJS is given to people who have experienced abuse or neglect, and who are under age 21 when granted the visa. This clinic trains law students to conduct intakes and background screenings, to draft motions to Illinois juvenile courts for SIJS recommendations, and to obtain court orders granting the SIJS recommendation. The clinic is housed within the IU Northwest public interest law clinic.
The University of Notre Dame’s Litigation externship program allows students to spend a semester working for a variety of nonprofits that seek to address civil legal issues, including domestic violence, employment law, and school discipline, while also meeting their educational requirements both in and outside the courtroom.
The University of Chicago provides pro bono assistance to projects such as the Shriver Center on Poverty Law, the Chicago Coalition for the Homeless, the Center for Conflict Resolution, and the Better Government Association. Law students also volunteer in various pro bono practices adjacent to or affiliated with Cook County.
The University of Illinois College of Law operates the Immigrant Worker Project and the Southern Illinois Immigrant Rights Project. The Illinois Child Welfare, Race and Access to Justice Project helps local organizations create an integrated legal and social service delivery model to assist children and their parents. Another program associated with the University of Illinois College of Law is the Streetlaw Clinic, which provides legal assistance to low-income individuals.
The Valparaiso University Law School Civil Legal Clinic assists low-income residents with obtaining social services. Students work in conjunction with other social service agencies, including Centers of Hope and Catholic Social Services, in cases ranging from denial of Social Security benefits to wage garnishment.
Legal Aid Alternatives
If you do not qualify for legal aid or seek alternatives for other reasons, options for affordable assistance exist in Gary, Indiana. The pro bono program at the Gary Law Division (GLD) provides legal services to those who seek them. The Gary Bar Association (GBA) coordinates these legal services, with assistance from the GLD. The GBA is looking for even more support, offering to expand the program to cover the civil legal needs of most Lake County residents. The Gary Bar Association also screens clients and gives referrals to law firms that provide pro bono legal services to members of the public. Additionally, certain court-appointed counsel take cases pro bono for indigent litigants. Under this program, the court will appoint pro bono counsel to represent you if you are reasonably unable to afford counsel. However, there is no right for you to be represented by counsel at public expense; when such counsel are appointed, they will undertake one case and will not be available to represent you in other matters. The Hammond Legal Clinic accepts pre-screened clients with divorce actions, child custody disputes, child support matters, criminal law cases, bankruptcy, guardianship requests, small claims disputes, name changes and paternity issues. This clinic is offered in partnership with the Hammond Housing Authority and Legal Aid of Northwest Indiana. The Gary Bar Association offers small claims clinics that provide free legal advice and assistance in disputes involving $6,000 or less. Law students with the IU McKinney School of Law Law School Practice Program assist the Gado. Details about the program and eligibility can be found on the GBA website. The Lake County Public Library (LCPL) has branches throughout Lake County, including at several locations in Gary. Its databases include access to legal forms, such as Illinois legal forms and Indiana tax forms; statutes, regulations, codes and ordinances; and forms for individuals to file legal actions pro se. Indiana Legal Aid Direct’s legal self-help center is available online. Individuals can access a document assembly tool that enables them to create pre-formatted documents for legal aid resources they may otherwise be unable to obtain. The site’s library provides resources and information related to housing, family law and immigration.
Exemplary Outcomes
The impact of legal aid in Gary, Indiana, can be highlighted through the lens of several real-life success stories. For instance, consider the case of a local grandmother who sought legal assistance to gain custody of her three young grandchildren after her daughter experienced a serious health problem. Without the knowledge and guidance of a legal aid attorney, she would have struggled to navigate the complex family law system. After securing the custody, she was not only able to provide a stable home for her grandchildren but also became an active voice in advocating for children in foster care to secure safe, permanent homes.
Another success story involves a Gary resident who was at risk of losing her home due to foreclosure. The legal aid team in Gary helped her negotiate a modification plan with the bank, allowing her to stay in her home while repaying her outstanding mortgage balance . This not only kept a family in their home but also provided a boost to the local economy by avoiding the costs associated with homelessness and the loss of property value in the neighborhood.
The success stories don’t stop there. In some cases, legal aid has even been able to assist local entrepreneurs in establishing small businesses and creating jobs. The legal aid attorneys in Gary have provided guidance in navigating the various legal requirements involved in starting a business, such as securing permits and establishing contracts. These small businesses have gone on to become vital components of the local economy, creating jobs and contributing to the community.
Legal aid in Gary, Indiana, has made a tangible impact on the lives of ordinary residents dealing with extraordinary challenges. It has not only provided them with access to the justice system but, perhaps more importantly, a chance at a brighter future.