Overview of Legal Aid in Luzerne County
As a predominately low-income area, Luzerne County is in need of services to help residents seek attorneys in legal matters. The Legal Information Helpline (LIH) provides free legal assistance to state residents who cannot afford private counsel by connecting callers with legal aid attorneys. As the LIH has over 70 statewide, toll-free telephone numbers , it is a simple matter to contact it to get in touch with an attorney near you.
This article will explain how LIH works, how to use it, where you can contact it, and what you can expect from the process.
It’s important to note that LIH is not a method for obtaining a local attorney; instead, it connects callers with attorneys associated with eligible aid programs in their area, like the Community Justice Project and the Fresh Start Law Center in Luzerne County.
Who Is Eligible for Legal Aid?
Eligibility for Legal Aid Services in Luzerne County, PA
To qualify for legal aid services in Luzerne County, PA, individuals generally must demonstrate a financial need and face particular legal circumstances. Legal aid organizations primarily serve low-income individuals who cannot afford an attorney.
Income eligibility can depend on household size and the number of people in the home with whom a family shares an income. In Luzerne County, income eligibility levels generally fall around 200% of the federal poverty level. As income eligibility guidelines can vary among providers and be updated annually, it’s always best to review the specific requirements for the service or program being considered.
In terms of legal issues, legal aid services in Luzerne County can assist with civil matters such as:
It’s important to note that no legal aid organization in Luzerne County provides assistance for everything. Depending on the organization providing the service, there may be other limitations in terms of what legal aids will provide.
Legal aid professionals can provide different levels of service. You may, for example, be represented directly by a professional, or they may simply offer advice on how to best handle a situation or even refer you to an alternative program or service provider. Complete case representation is more common with criminal and juvenile cases; civil matters are often handled in a more limited capacity.
What Types of Legal Aid Are Available?
In Luzerne County, PA, legal aid organizations provide a spectrum of services tailored to meet the diverse needs of its residents. These non-profit law firms work diligently to ensure that those who cannot afford private counsel still have access to the justice system. The areas of law commonly covered by legal aid in Luzerne County include family law, housing, consumer rights, public benefits, and education.
Family law is a major focus for legal aid in Luzerne County. Legal aid attorneys can assist with a range of family-related issues, including divorce, child custody and support, domestic abuse matters, and adoption. For low-income individuals facing family disputes or crises, access to legal counsel is essential in navigating the complexities of family law.
Housing is another critical area. From landlord-tenant disputes to eviction defenses, legal aid groups help Luzerne County residents secure and maintain safe, affordable housing. They provide advice on lease agreements, address issues such as lead poisoning, and represent clients in court when necessary.
Consumer rights are yet another area where legal aid organizations can step in. They assist with cases of unfair business practices, debt collection harassment, credit report inaccuracies, repossessions, and more. Legal professionals work to empower clients to understand their rights and receive justice when they have been exploited as consumers.
Public benefits assistance is also available through legal aid in Luzerne County. This includes help with Social Security, Medicaid, Medicare, welfare, food stamps, unemployment compensation, veterans’ benefits, and other federal, state, and local benefits programs. These services provide essential support for low-income individuals and families to meet their basic needs for food, healthcare, and financial stability.
Legal aid organizations in Luzerne County, PA, play a vital role in the community, assisting with family law, housing issues, consumer protection, and public benefits.
How to Obtain Legal Aid Services
Financial criteria for individuals in poverty are used nationwide to determine eligibility for legal aid. Legal services organizations operate under state and local guidelines addressing criteria for legal aid services. Eligibility is based on income and asset guidelines established by the Legal Services Corporation of the United States (LSC). Income and asset guidelines may change yearly. Legal aid organizations make their own determinations as to need and eligibility under applicable federal, state and local guidelines. LSC guidelines apply to assets in excess of $2,000 but establish differing criteria where the value of an automobile exceeds the limits (generally $12,000). The LSC guidelines provide details on threshold and maximum income figures as well as asset allowances.
Income guidelines generally vary based on the number of family members in the household. The elderly and disabled are exempt from the LSC guidelines. In Luzerne County, PA, applicants must meet both income and debt factors to qualify. Income Factors -The income limits are based on the US Department of Housing and Urban Development ( HUD) guidelines. Different income limits apply depending on the size of the family. Debt Factors – The net credit card debt on hand may not exceed half of the family’s liquid assets. Liquid assets are calculated using a snapshot of available resources on the date of application. Liquid assets include cash in checking and savings accounts, court ordered judgment proceeds, cash gifts or inheritances, uncashed support or recovery checks, money market accounts, stocks, bonds, and premiums received for the sale of assets. Title IV-D obligors, litigants involved in custody matters, and those seeking Social Security benefits may not exceed the debt limit. The net credit card debt on hand may not exceed half of the family’s liquid assets. Liquid assets are calculated using a snapshot of available resources on the date of application. Liquid assets include cash in checking and savings accounts, court ordered judgment proceeds, cash gifts or inheritances, uncashed support or recovery checks, money market accounts, stocks, bonds, and premiums received for the sale of assets. Applicants must provide the organization with information about their financial status over the past 12 months including copies of all income checks or income statements, and copies of all bills, receipts, and other proof of all debts. Once a completed application, including all supporting documentation is received, the agency will further pursue information regarding the applicant’s case. Where an applicant is eligible for legal aid services, the application will be placed on a waiting list until an attorney becomes available. Where an applicant is not eligible for legal aid services, a meaningful referral to a private attorney will be provided by the agency when feasible.
Essential Legal Aid Organizations
In Luzerne County, a number of legal aid organizations help eligible residents gain access to the justice system and secure their legal rights. Below are some of the key players serving Luzerne County’s needy:
North Penn Legal Services (NPLS) provides civil legal aid to low-income individuals living in Luzerne County who meet program income criteria and demonstrate eligibility based on the type of assistance requested. Core legal services provided by NPLS include help with housing-related matters, consumer issues, family law concerns, and estate issues. NPLS offers organizational workshops, seminars and clinics, plus online resources available to residents who may need assistance.
Founded in 1966 to deliver legal services to those in need, North Penn Legal Services has long been Luzerne County’s top provider of free legal assistance. In 2017-2018 alone, NPLS represented 393 clients in Luzerne County and handled 1,067 individual matters.
Customer Service is available at (800) 822-3310. Main office hours are available Monday to Friday from 9:00 a.m. to 5:00 p.m .
The Luzerne County Public Defender’s Civil Law Unit assists eligible Luzerne County adult residents with a range of support programs and services addressing guardianship, adoption, mental illness, commitment, HIV/AIDS, conservatorship, and abortion. Those representing themselves in Simple Divorce Matters may also benefit from support by the Luzerne County Public Defender – Civil Law Unit. Typical client qualifications for the Civil Law Unit include: Luzerne County volunteers with a bachelor’s degree and experience relevant to client concerns provide assistance to clients free of charge. You can call the Luzerne County Public Defender’s Office-Civil Law Unit at (570) 408-8740 anytime between 8:30 a.m. and 4:30 p.m., Monday through Friday. Staff is available, by appointment, on Mondays and Thursdays between 10:00 a.m. and 5 p.m. to meet with clients.
The Luzerne County Bar Association Pro Bono Center supports Luzerne County residents through a network of volunteer attorneys who donate time and resources to help lower-income clients who cannot afford legal counsel. Pro Bono Center services are open to low-income residents falling within 100% of the poverty level, as well as persons receiving SSI, TANF, or food stamp benefits. Income and asset cutoffs apply to all applications.
Case Studies and Success Stories
The impact of legal aid services in Luzerne County cannot be understated. One success story that stands out is that of Maria, a Luzerne County native who found herself in a difficult situation. After losing her job due to company downsizing, she struggled to keep up with her mortgage payments. With the threat of foreclosure looming, Maria sought the help of a legal aid organization in Luzerne County. After working with an attorney, Maria was able to negotiate a loan modification that gave her the time she needed to secure new employment and avoid losing her home.
Another case we wanted to highlight is the story of James, a mentally disabled Luzerne County resident. James had been denied Social Security Disability benefits after suffering a debilitating accident. Legal aid attorneys provided James with legal assistance in appealing the denial and were able to help him secure the benefits he required to support himself.
These cases show how access to legal aid can transform lives and give those who are in the most critical need of assistance the best chance to get back on track. In a county where access to other forms of legal representation is limited, legal aid provides critical support for the community.
Challenges for Legal Aid Providers
Like many counties across the Commonwealth, Luzerne County’s legal aid services are stretched thin by limited funding and an overwhelming demand for its services. Because of this, the private bar picks up the slack through volunteer pro bono services. Of course, this is not uncommon, as according to a study conducted by the American Bar Association, there were 50% more people who qualified for legal aid in 2013, than, in the years past. This added demand for services comes while legal aid funding has dropped by 35% across the nation.
According to a 2015 analysis conducted by Legal Services Corporation, Luzerne County is a legal aid "desert" because with only three (3) full-time equivalent lawyers stationed in Wilkes-Barre and trained in family law; greater Luzerne County should have at least five (5) additional lawyers to meet the community’s unmet civil legal needs. In other words, Luzerne County is listed as a suburbanized area in need of at least two near full-time lawyers.
In considering the above, Luzerne County is not alone in dealing with issues surrounding legal aid. The fact that Luzerne County is on this list with other large places like Philadelphia and the surrounding counties is telling and indicates a statewide issue with providing legal assistance to those in need.
The Future of Legal Aid in Luzerne County
The Future of legal Aid in Luzerne County will continue its course. We know that legal aid services will be in Luzerne County, PA for the foreseeable future. The answer is not whether legal aid is going away from Luzerne County, it is what changes lie ahead. Legal aid organizations will need to adapt. Technology will be at the forefront.
One concern is the growing population. We already know that the legal aid organizations do not have the resources to help everyone. This is unlikely to change. However , there may be more defined services available.
Technology is an important resource. Virtual legal aid clinics may prove useful. Lawyer support systems could be greatly enhanced. Computer software to assist guidance may be helpful.
Which direction legal aid services go remains to be seen.