Legal Aid in Washington State: The What, Why and How
Legal aid, which provides free and low-cost legal services to low-income individuals and families, has numerous layers of organization and application. In Washington State, non-profit and state-funded legal aid organizations do the bulk of legal aid in every county. They depend on donations, grants, private lawyers, and volunteer hours to serve the entire state with free legal services. Lots of government support is available, but these programs run on shoestring budgets.
The Washington State Bar Association coordinates low bono and pro bono legal aid. This bar association is responsible for certifying full-time lawyers who practice exclusively legal aid law. Legal aid lawyers routinely help pro bono clients with general legal questions, divorce and child custody cases, consumer fraud, and a lot more. There are several categories of legal aid lawyers who focus on various practice areas , which allows them to be experts in their respective fields.
Legal aid in Washington State is available to low-income families and individuals. Your eligibility is based on Federal Tax Returns to prove that you are indeed low-income, and those documents are all that are needed. Legal aid is designed to empower those who are most vulnerable to the extremes of bankruptcy and homelessness.
Legal aid lawyers get a small retainer fee for their efforts, and some help pro bono clients for free, as the competition among these lawyers is quite high. The WCBA report states that there are 1,238 lawyers involved in Pro Bono Services in Washington State.
Formal applications for legal aid in Washington State can be filled out over the phone, through a secure website, or in person at designated legal aid offices. Workshops provide limited services from legal aid staff attorneys and student volunteers, as limited legal aid is also known as "low bono."
Eligibility for Legal Aid
The eligibility requirements for receiving legal aid can vary based on the organization and the type of assistance provided. In Washington, there are several key criteria that must typically be met to qualify for free or reduced-cost legal services. All legal aid organizations within Washington State use the same guidelines for determining eligibility.
Income limits are one of the most common ways to qualify for legal aid. The current income threshold for most legal aid organizations in Washington is 125 percent of the federal poverty line. This means a family of four would qualify for legal aid if their household income does not exceed $31,875. That said, some legal aid groups will go up to 200 percent of the federal poverty line.
In addition to income limits, there are limits placed on the types of cases that legal aid organizations may take. The purpose of these limitations is to ensure legal aid is provided to those who need it most. Free legal assistance is most often offered for cases involving family law, public benefits, housing and eviction, and consumer protection issues.
Another factor that affects eligibility for legal aid is residency. Legal aid organizations provide services primarily to Washingtonians living within their designations. As a general rule, legal aid can only be provided to Washington residents with Washington legal issues.
It’s important to understand that some legal issues simply cannot receive assistance from a legal aid group for a number of different reasons. Legal aid organizations do not offer tax, criminal defense, or insurance legal aid, nor do they provide assistance on class action lawsuits or business law matters.
As a qualifying factor for legal aid, legal aid groups also do not help individuals who have sufficient assets. Determining what amount of assets is considered "sufficient" is difficult, as the number of assets one requires to live can vary from person to person. This is why financial advisors work with legal aid organizations to assess individuals’ circumstances and determine whether they qualify for legal aid.
Types of Legal Matters Covered
Washington State legal aid covers a diverse range of legal problems. Below are just a few of the issues the State’s legal aid programs focus on:
Family law – This topic includes a variety of family-focused issues, such as divorce, legal separation, child custody, paternity, child and spousal support, the termination of alimony, referrals for mediation, and more.
Housing – The housing legal aid program can assist with issues related to landlord and tenant relationships, foreclosure litigation, mortgage assistance, mobile home park issues, modification of home lots and senior space rent control.
Employment – If you believe your employment status might be affected by a legal matter, legal aid can assist with workplace-related issues and questions about unemployment benefits.
Consumer rights – Unsure if your consumer rights have been violated? Legal aid can help evaluate the situation and determine your options, if any are available.
Domestic violence – Legal aid can assist with matters such as safety and protection order petitions, seeking legal representation in criminal cases or helping individuals obtain protection orders through protection order clinics.
Business law – Washington State legal aid also offers free legal advice to small businesses. This service is offered from the Seattle office two days a week.
Seeking Legal Aid: A How-To
The process for applying for legal aid in Washington State can vary depending on the type of legal assistance needed and the organization providing the aid. However, the general steps are as follows:
- Determine your eligibility: Legal aid organizations often have income and asset limitations for applicants. Basic eligibility typically includes being a low-income resident of Washington State and having a legal issue that the organization can assist with.
- Gather necessary documents: While the documentation required may differ by organization, applicants are generally required to provide identification (like a driver’s license or state ID), proof of residence, financial information (such as income slips, bank statements, and expenses), and details regarding the legal problem.
- Contact a legal aid organization: Some forms of legal aid can be accessed online, while others require an in-person or telephone application process. Resources like the Washington State Bar Association provide a comprehensive directory of legal aid organizations throughout the state, where you can find information on how to apply.
- Complete and submit an application: Follow the instructions provided by the legal aid organization for submitting an application, and ensure all necessary information and documentation are included. Missing information can delay the process, so be thorough.
- Wait for a response: The legal aid organization will review your application and contact you regarding your eligibility for their services and to discuss further steps.
Locating Legal and Non-Legal Aid Programs
In addition to Washington’s public and private pro bono services there are also a number of legal aid programs. There are two important factors in determining which program to contact that may make your decision easier: the type of aid you require and your income level.
Northwest Justice Project is Washington’s primary provider of civil legal aid to low-income people. NJP operates the statewide CLEAR and CLEAR Toll-Free legal information hotlines. It oversees the statewide Fresh Start Civil Legal Help Project. It also operates Housing Justice Project. And along with many local legal aid organizations, NJP also helps to operate many Spokane County legal aid/advocacy programs including the Spokane Center for Justice , the Spokane Tribal Court, and the NATIVE Project.
Catholic Charities provides limited legal assistance to certain immigrants and refugees throughout the Spokane area.
La Resistencia works with Spanish-speaking and Latino immigrants and refugees in the Spokane area.
Asian Counseling and Referral Service (ACRS) provides limited legal services to low-income immigrants and refugees throughout King County (Seattle) as well as other statewide services.
Eastside Legal Assistance Program provides civil legal assistance across King County (Bellevue) to many individuals living in poverty, including immigrants and refugees.
Legal Aid FAQs
For many people, the complexities inherent in the legal system often leads to questions and concerns about the way in which legal aid operates. Asking key questions can help you to determine if legal services through Washington State Legal Aid are right for you. Do legal aid providers charge fees for their services? Some legal aid providers in Washington may charge for their services. You will always be told ahead of your appointment if there is a fee for services. You can then decide if legal aid is the right resource for your situation. Is legal aid offered in languages other than English? For those who do not speak English as their first language, services are offered in Spanish. Very limited service is available in additional languages, including Arabic, Chinese, Farsi, French, Korean and Vietnamese. Can anyone access legal aid services? There is no waiting period to access legal aid services. However, if you are seeking a case-related appointment and you do not have an opened court case in Washington – or an accepted case filed by a legal aid program – you may be asked to wait for at least a few weeks for case-related assistance. If you do not have an ongoing case, and you do not have open court cases for which you need help, you may receive service right away.
The Pros and Cons of Legal Aid
The most significant benefit to legal aid and, in particular, civil legal aid organizations is the subsidized legal representation these organizations provide. Additionally, there are organizations such as the Pro Bono Council that develop the capacity of the bar to assist low-income communities or groups of people with similar legal needs through projects managed by the council’s volunteers. Other programs offer free services on specific legal issues (such as family law, debt and money issues) by telephone and the internet , or through live chat. There are also housing and child custody programs that offer walk-in clinics for clients to obtain brief advice and referral.
Legal aid services also have limitations or restrictions on their forms of representation. Most legal aid organizations cannot accept clients with legal issues that require an attorney to take the other side to court. For example, an individual is not eligible for legal aid if their legal issues involve divorcing a long-term spouse, obtaining child support from a long-term ex-spouse, or adopting a step-child who has a living, legal parent. In these cases, legal aid limits its assistance to advice and counsel to help the individual become a better self-advocate.