Working Together to Ensure Justice in Tough Times

by John M. Cary and Nell McNamara

Our economy is in a recession. Beyond the crisis for markets and businesses, financial downturn means more and more families are finding themselves in potentially catastrophic situations. Low-income people already walk an economic tightrope every day — a reality made even shakier by pervasive job loss; housing insecurity; and rising food, health, and energy costs.

These vulnerable families do not have a financial cushion to fall back on; they are just one car accident, health problem, or missed payment away from losing their precarious balance. After struggling to keep their heads above water, many have finally slipped into poverty and face an array of problems with legal consequences that impact basic human needs. For example, fallout from the sub-prime mortgage crisis has resulted in an alarmingly large and rapidly growing number of families who face homelessness. Reasonably prudent consumers, including many seniors, have been victimized by predatory lending scams and risk losing everything. Increasing numbers of military personnel and their families need legal assistance with multiple issues. Heightened financial stress results in more families seeking personal safety and protection from domestic violence. In all of these circumstances, timely legal intervention by an attorney can help families preserve their homes, assert consumer rights, protect themselves from violence, or maintain income or benefits, while reducing demand on government services.

Budget deficits heighten problem

Yet while economic problems skyrocket and affect unprecedented numbers of people, legal aid programs in Washington are already unable to serve everyone in need. A 2003 study showed that even during good times, fewer than one-fifth of indigent individuals seeking help with a legal problem gain access to a legal aid attorney. Now, low-income people with critical legal problems are growing in numbers and desperation, precisely when funding sources are being dramatically reduced. This year, the Legal Foundation of Washington — charged by the Supreme Court to administer interest on lawyer trust accounts (IOLTA) — was forced to reduce grants for more than 30 legal aid programs, because plummeting interest rates and the housing market slow-down created a steep drop in IOLTA revenues. Facing huge budget shortfalls, counties and cities are cutting social services and reducing funding for legal aid programs. Even federal funding is stagnant; today's appropriation to the Legal Services Corporation is less, in real dollars, than it was in 1980. Finally, the most recent revenue forecast shows Washington faces an unprecedented state budget deficit, estimated at between $5 billion and $6 billion. Needless to say, state and local lawmakers are facing difficult budget decisions.

Protecting the most vulnerable

The economic crisis creates uncertainty for all of us, but we know the downturn hits our most vulnerable neighbors the hardest. The legal community must be proactive in our efforts to prevent these tough times from disproportionately impacting low-income families. The Alliance for Equal Justice is Washington's network of more than 30 programs providing legal aid for those with nowhere else to turn. These programs are uniquely situated to help alleviate some of the harshest effects of the economic downturn and help preempt a costly spiral of social problems. Currently, our programs face both unparalleled demand and an unfortunate loss of funding.

Legal aid is a proactive investment for the state, preventing further strains on our public safety nets and saving government dollars in the long run, because legal aid attorneys can quickly identify and resolve legal problems before situations needlessly deteriorate. Moreover, legal aid can reduce the strain on precious government resources. State administrative agencies are experiencing overwhelming case loads — many of those seeking help have never before come into contact with public services. Legal aid attorneys facilitate this process by helping individuals successfully navigate complex bureaucratic systems and secure the appropriate assistance to which they are legally entitled.

What can you do?

In a time of crisis, Washington's public-private partnership can help mitigate the negative impacts of this economy for our most vulnerable. The legal community is coming together to do everything possible to provide timely legal help that will benefit families, neighborhoods, the community, and our overall economy. You can help!

• There are more than 20 programs throughout the state coordinating volunteer attorneys doing pro bono work — contact your local bar association to find the volunteer opportunity that is right for you.

• Charitable donations to the Campaign for Equal Justice — our state's unified annual giving drive for legal aid — are more important than ever. It's an easy way to make a big difference. Visit www.c4ej.org/ to make a secure online donation.

• The Equal Justice Coalition will advocate for increased state and federal support for legal aid in 2009. This year, every voice counts. Make your voice heard in Olympia and Washington, D.C., and join the Equal Justice Coalition today at www.ejc.org/.

The Equal Justice Coalition (EJC) educates policymakers and the public about the importance of civil legal aid in our communities and advocates for sufficient public funding for legal aid on behalf of low-income people living in Washington. Thanks to active participation of our members, the EJC successfully obtained incremental public funding increases for legal aid in recent years and we will continue to work toward closing the justice gap in Washington. 

John M. Cary is the chair of the Equal Justice Coalition and can be reached at caryj@att.net. Nell McNamara is EJC's director and can be reached at nell@ejc.org.