Bar fight: free lawyer. Foreclosure? Bankruptcy? You're on your own.

[Scuba]

Interesting opinion piece in the Milwaukee Urinal/Sentinel today. Exposes one more way in which the poor are disadvantaged.


http://www.jsonline.com/news/opinion/wisconsins-poor-are-entitled-to-an-equal-shot-at-civil-justice-should-state-give-free-legal-aid-in-civil-cases-131642573.html



..snip..

If you are poor and face 10 days in jail for a bar fight, you are entitled to a free lawyer under state and federal law. If you are poor and face eviction, foreclosure, bankruptcy, domestic violence, repossession of the family car, garnishment of your wages, loss of child custody or denial of disability benefits to which you are entitled, you are on your own.

In a civil case, you are expected to make sense of applicable laws and governmental regulations to file your complaint, master complex rules of civil procedure to plead your claim and learn esoteric rules of evidence to present your case to a court.

In Milwaukee, 127,000 adults are functionally illiterate - meaning they cannot fill out a simple job application. Tens of thousands do not speak English, much less legalese. Thousands more are incarcerated or mentally or physically disabled.

Many have been swindled by predatory lenders, slum landlords or scam artists. They frequently have no understanding that they have been cheated and thus have no hope of adequately articulating their grievances to a judge.

..end..



Beware the comments. The hate is strong.


Disclosure: I originally posted this on a different OP, but re-posted because I feel it deserves more light.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x2108667

[Crazy Dave]

1. Rec+

[Downwinder]

18. A layman has the same chance opposing a professional attorney

as he would have racing a NASCAR driver.

[slackmaster]

2. Here's a primer on the basics.

http://www.otto-graph.com/samples/3/civil.html

[Scuba]

3. Not much use if you can't read.

[slackmaster]

4. But in some states you can get a free tutor to help with that problem

:hi:

[Scuba]

5. Well, I guess the poor are just fine then.

[slackmaster]

8. As long as they just commit crimes and don't get involved in civil cases,

They'll always have access to free legal representation.

[EFerrari]

6. My mom is still fighting off Chase over a little income property

that augments her social security with a few hundred dollars a month. She has a great case but will probably lose it because she can't pay someone 400 an hour to represent her against these motherf#ckers. I hate Chase and everyone who punted on helping people against them.

[slackmaster]

9. I'm fighting Bank of America and my ex-wife over a $10K credit card debt

I'll gladly pay thousands to my lawyer if I can avoid paying a penny of my ex's debts.

[Scuba]

10. Why does that not surprise me?

[slackmaster]

14. It shouldn't. We all know how fucked up of a company B of A is.

:hi:

[msanthrope]

11. She doesn't have to pay 400/hr. Legal services for the elderly are available at most law schools,

the AARP, and various other non-profits. Here's a link to search.

http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

The local bar association will also have a list of attorneys who will do pro-bono work, depending on the nature of the case.

[EFerrari]

13. Wrong. Been there, done that. There is no help for people

dealing with income property. Everything is set up (not) to help home owners.

[msanthrope]

15. You are wrong. Try your local lawyer's bar. They will have a list of attorneys

who will help, even if this is not your mother's primary residence. Try the AARP--they have legal referrals.

Another route to try is your local clergy, if your mother likes and respects anyone of them. I worked on bankruptcies for older people that were referred by a Lutheran minister. Some clients were indigent, some needed assets protected. Arrangements like that are common.

You don't have to be indigent to get pro-bono, or sliding scale assistance--you just need to find your niche.

If your mother is dealing with a foreclosure, or other financial issue, there's also a chance she is a member of a class in ongoing litigation. I will not give you legal advice, but I urge you to pursue finding her low-cost legal help in dealing with Chase.

[cilla4progress]

17. The need far outstrips the availability of

free or low-cost legal help. I worked in legal aid for 10 years and the triage is heartless, but necessary. My current attorney employer is a saint, and does a couple free bankruptcy cases a month!

[cilla4progress]

7. Meanwhile...

attorneys have created for themselves a lock on any kind of representation of folks; at $200 / hr. and up.

[msanthrope]

12. You can always represent yourself. Just as you can doctor yourself.

You can teach yourself, too.

Wikipedia is free.

[cilla4progress]

16. You're correct.

I'm a paralegal and volunteer in the area of getting affordable legal services to all. Thus my particular personal frustration @ this!