Legal Aid in Rochester Explained
Legal aid services are an essential part of the community, as they exist to help individuals who need assistance with legal matters but cannot afford an attorney. Not only do people obtain free legal aid for civil matters, but also for criminal issues when a public defender from legal aid services is the only option. They can help members of the community to navigate through the tricky nature of our legal system.
While criminal matters are one of the main reasons that people take advantage of legal aid services , the breadth of the scope often extends to civil matters such as housing, domestic violence and family court. Legal aid is there to make sure that legal services are available when they are absolutely needed, especially for those in vulnerable circumstances such as victims of domestic violence. In Rochester, NY, legal aid does its best to give counsel to anyone they can.
Rochester Local Organizations Providing Free Legal Aid
Rochester also has a number of local organizations, non-profits and schools offering free legal services. Non-profit organizations such as the Legal Aid Society of Rochester and the Volunteer Legal Services Project offer free legal advice and representation to low-income residents.
The Legal Aid Society, with multiple offices around Monroe County, is comprised of a commitment to equal justice for the poor and underserved in the eleven counties of the Finger Lakes region. They combat homelessness, family violence, youth violence, disability discrimination, denial of benefits, unfair prison sentences, wage theft, domestic violence and unfair deportation. They strive to achieve this through free legal counsel to clients and through litigation, advocacy, and education.
The Volunteer Legal Services Project serves people of modest means who cannot afford legal services. The organization helps clients with family law, real estate, estate planning and immigration matters 25 days a month.
One common way to receive pro bono assistance in Rochester is to meet with law students who volunteer their time at certain organizations while they are learning about particular areas of the law. Volunteer Legal Services Project Volunteer Law Students at the Central Library of Rochester and Monroe County assist clients with family law matters like divorce, custody, paternity, guardianship and support orders. The Empire Justice Center offers information on Family Court, Unemployment Insurance, Consumer Law, Housing, Immigration, and Disability. They also provide clinic dates for assistance on-site.
Who Is Eligible for Free Legal Advice in Rochester
To qualify for free legal aid in Rochester, NY, individuals must meet specific income criteria and case prerequisites. Generally, legal aid is available for low-income residents of Monroe County. For legal aid purposes, financial need is determined by a sliding scale based on household size and income. Of course, there are exceptions to this general criteria. If you have minor children, you may be able to qualify even if your income is slightly above the limits. Other exceptions for special circumstances may be available on an individual basis.
In addition to financial qualifications, there are also case-related qualifications to be mindful of when seeking free legal aid in Rochester. Current sliding scale income qualifications can be found on the Monroe County Legal Aid Society website. Some of the most common criteria for free legal aid include:
There are many types of legal matters that are not covered under the free legal aid system in Rochester. Examples include personal injury lawsuits, civil litigation, personal or corporate bankruptcy, and Similarly, criminal defense is covered under the public defender’s office, rather than the free legal aid system.
Accessing Free Legal Guidance Online
A growing number of websites offer free legal advice through online platforms. For Rochester residents who have difficulty attending in-person consultations, these websites may be a great option.
One popular website is Avvo. On Avvo, attorneys specialize in reviewing questions in their area of practice and offering free, written responses directly on the website. Others have stepped up to help businesses that were negatively impacted by COVID-19, allowing them to employ their skills in service of the community.
For instance, as part of "Climate Week" in September 2020, several Rochester intellectual property attorneys offered their services at no charge to local organizations. The IP Clinic team of attorneys held a series of free, two-hour online clinics to review IP issues of concern to small businesses and nonprofits.
Other local online resources include free online forums, like LawGuru, where attorneys post responses to questions posted on a daily basis.
To get instant answers, the Rochester-based Slightly Askew, offers AskAnAttorney, a network for connecting small-staff lawyers with clients seeking advice.
Types of Cases and Issues Free Legal Advice Can Help With
Pro bono and low-cost legal aid services have the ability to handle a broad range of legal matters. They assist clients with criminal defense, civil representation, and a variety of cases in between. Common cases handled by free legal aid programs include divorce and family law, housing, bankruptcy, employment, immigration, and even criminal defense. With regard to family law, services include assistance with paternity suits, spousal and child support, child custody issues, visitation rights, marital property division, spousal abuse and neglect, wills, and domestic violence incidents. In the case of bankruptcy , attorneys can assist individuals filing for Chapter 13 and 7 bankruptcy, including work on small business bankruptcy. Housing issues include fair housing and tenant rights in addition to addressing evictions and unlawful lockouts. For employment cases, common representation includes breaches of contract and wrongful termination. In the case of immigration, attorneys also commonly assist with work visas and resolving green card issues. Finally, criminal defense attorneys represent individuals in cases involving misdemeanors, felonies, and DUI or DWI charges.
How to Prepare for a Legal Consultation
Many organizations providing legal advice clinics may provide you with materials describing how to prepare for your attorney meeting. However, here are some reasonable steps to be prepared for your free legal consultation.
As noted above, it is helpful to have documents which support your case with you when you attend your free legal consultation. For instance, if you are being sued for non-payment, you should have all correspondence regarding the lawsuit and service of the summons to court, if applicable. Also, any paperwork you received from the court should come with you as well. At the free consultation, the attorney you speak with will review these documents and help you formulate a plan to respond or negotiate, if appropriate.
If you have been sued or are the plaintiff in a lawsuit, you should draft a summary of the events to date. If the case is in court, be sure to identify the court and judge who will hear the matter. If you do not know this information, be sure to copy the name of the court and judge on the cover pages of your documents. Although the legal advice clinic or organization is not there to listen to your story, you will need to be prepared to relay the facts of your matter to the attorney you will meet.
If you are seeking a divorce, termination of parental rights, guardianship, or similar family law matter, make sure to have the names and dates of birth of your children. You should be able to discuss your current relationship with your spouse or other parent of your children, who is your advocate, and similar issues. Be prepared to provide the details of your case, so the attorney has a basis to prepare your case.
Also, make sure to prepare a few questions that you might have. Many new clients have heard of the attorney by reputation, and now that you have their attention, you want to make sure that you can ask them appropriate questions. Don’t be afraid to ask the difficult questions, such as "Will you go to trial for me?" and "Have you had any disciplinary actions taken against you by the New York State Supreme Court?". It can be painful to ask questions like this, but you are entitled to know the answers to these important questions from the start.
Testimonials and Other Success Stories
The profound impact that free or low-cost legal advice has had on the lives of residents in Rochester, NY can be encapsulated in a number of stories. Consider Maryann, a single mother of two who had been struggling to make ends meet while dealing with a complicated custody dispute. A member of her church recommended she reach out to the Legal Aid Society, and within weeks, she had a lawyer who helped her gain custody of her children.
Then there is Claude, a small business owner who was facing an unjust lawsuit from a disgruntled former employee. With the assistance of the Rochester Volunteer Legal Services Program, Claude was able to have the case dismissed, saving his business thousands of dollars and maintaining his reputation in the community.
"It’s good to know you don’t always have to face your problems alone," says Claude, who had no idea where to turn before receiving free legal aid.
Add to these stories the success of Carlos, who was on the verge of losing his home due to an illegal foreclosure. Thanks to the resources and legal counsel provided by the Empire Justice Center, Carlos not only saved his home, but also became an advocate for those facing similar challenges.
These are just a handful of examples of the impact that free legal advice has had in Rochester, positively changing lives and bringing justice to those who otherwise might not have access to it.
FAQs on Free Legal Advice
How do I make an appointment to see a free legal service?
Speak with the legal clinic coordinator at the location in which you wish to receive free legal advice. You will probably be asked to schedule an appointment online. Expect to be given a date and time to arrive at the clinic location.
Can I get the number of minutes for a consultation extended?
No. Clinics generally provide 15 to 30 minutes of free advice. When you schedule your appointment, staff will ask how many minutes you would like to have the volunteer attorney spend with you. Most often, your request will be accommodated. However, this rule is derived by the fact that there seems to be no end to the questions that could be asked. A person seeking legal advice is always faced with having such questions as "was my answer to the question the right answer," or "should someone have answered that question differently." Every case is different, and so cannot be handled independently on the attorney’s part . The attorney must seek to be as clear as possible so all questions are answered properly. This takes time, and time is not always available at the moment you are seeking advice.
How long are the wait times for an appointment to see an attorney?
This really depends on when and where you actually seek help. One clinic is located in a state building. Medical clinics tend to be more specialized and have significant wait times so they advise patients to call or check online at their website for an update on how many people are currently in line.
The wait time also depends on the type of legal clinic. For example, clinics that follow a general litigation format usually have a wait time of about an hour. The same goes for clinics specified for one type of law; such as, immigration law, criminal law, or civil law, and more.
I have a disability. Will I get help on an emergency basis?
Although these clinics are not held specifically for those with disabilities, arrangements can be made by contacting the clinic coordinator prior to the date you intend to visit.