Overview of Legal Aid Services
Legal aid is a network of nonprofit organizations that provide legal assistance and representation to low-income individuals who need help with civil law issues. Legal aid organizations aim to help people navigate complex legal processes, like divorce proceedings or immigration matters. Though most legal aid offices have attorneys on staff, some legal aid providers only offer services to clients via a telephone hotline. In general, clients of legal aid, often referred to as "legal aid beneficiaries," do not have to pay for the services or legal guidance provided to them by these organizations.
Seeing as legal aid and civil law issues are particular to each state, the grant of funds to legal aid organizations and the distribution of these funds are overseen by the state government. While most legal aid organizations receive some funding from the federal government and the American Bar Association, in the end, it is the states that control their funding and resources . With that in mind, it is important for individuals in Niagara County, NY to understand how they can obtain assistance from legal aid organizations. Fortunately, as the Niagara County Bar Association explains, the Niagara County Legal Aid Society is a reliable source of information and services for those in need. The Legal Aid Society provides extended legal services for indigent persons in the Niagara County New York area. These legal services are available to residents of Niagara County who meet certain income requirements. Individual needs governing such legal matters as custody, guardianship, paternity, wills, divorces, adoptions, living wills, advance medical directives, and probate matters are subject to low income requirements. The Legal Aid Society also provides short term representation in civil matters to individuals hired as income-eligible personnel for the Niagara County Office of Employment and Training Work Experience Program to enable such persons to gain necessary experience for employment in the private sector.
Eligibility Requirements for Legal Aid in Niagara County
As with most legal aid societies, the Niagara County branch generally focuses its services on civil rather than criminal matters. Major services include family, housing, bankruptcy, benefits, consumer and foreclosure legal help. It should be noted that while the Niagara County Legal Aid Society’s jurisdiction runs for all 12 Niagara County towns, it does not provide legal assistance to users of the Native American reservation in Niagara County. Other limitations for eligibility are as follows:
Residency. As indicated previously, the Niagara County Legal Aid Society serves all 12 towns within the county. However, at least one member of the household must have a Niagara County address. Users who fall into this category but actually reside in one of the following communities will be referred out, including the Seneca Nation of Indians, the Tuscarora Nation, the Tonawanda Band of Senecas and the Cayuga Nation of New York.
Income limits. The Niagara County Legal Aid Society adheres to a sliding scale in accordance with Federal Poverty Guidelines. Users with incomes of 185 percent or below the guidelines generally may qualify. However, those who are newly unemployed for reasons beyond their control or have a temporary financial crisis may be able to qualify even if their income is above the limit. Acceptable proof of need may include:
Spanish language. For the convenience of its Spanish-speaking clientele, the Niagara County Legal Aid Society can provide legal assistance in Spanish through its Niagara Falls office.
Legal Aid Organizations in Niagara County
Over the years, Niagara County has become home to many low-income clients, including immigrant communities, who require help with civil law issues. Luckily, there are a number of organizations that offer some legal counsel and assistance.
Legal Aid Society of Buffalo:
The Legal Aid Society of Buffalo provides legal representation and a variety of related services to clients in need through six offices. The Society employs staff lawyers, investigators, law clerks, legal assistants and clerks who work directly with clients to ensure they receive the quality legal representation they deserve. The Niagara County office offers services for foreclosure prevention, domestic violence and family court, public assistance and health care access, and criminal defense. Client hours are available Monday-Wednesday from 9:00 AM to 4:00 PM, Thursday from 9:00 AM to 7:00 PM, and Friday from 9:00 AM to 2:00 PM. The office is located at 8956 Niagara Falls Blvd., Niagara Falls, NY 14304. Free parking is available.
Catholic Charities of Buffalo:
Catholic Charities of Buffalo offers affordable legal representation to eligible clients at a lower rate than most private attorneys. Low-cost legal services are available for a variety of issues, including custody and other family court issues, landlord/tenant issues, immigration, and bankruptcy. Client appointments are available Monday through Friday from 9:00 AM to 5:00 PM. Location: 1001 11th Street, Suite 4100, Niagara Falls, NY 14301. No free parking is available.
LawHelp.org (NY):
LawHelp.org is available to help anyone to find free legal services in their area. Simply enter your county and legal issue into the search tool and it will provide a list of the most significant programs in your specific area of need. It also provides necessary legal information and resources for multiple legal situations.
Applying for Legal Aid
Applying for legal aid services in Niagara County, NY is a straightforward process that can be completed in just a few steps. While the exact process may vary depending on your individual circumstances and the type of legal issue you are facing, the following information provides a general guide to applying for legal aid.
The first step in applying for legal aid is to contact your local legal aid office by phone or online. When you reach out to the office, explain any pressing concerns that you may have before inquiring about legal aid availability. It is always best to ask for specific legal assistance, rather than assuming that you automatically qualify for free legal aid. Depending on the circumstances, you may be referred to other resources if you do not qualify for legal aid.
If your needs align with the legal aid that is offered, you will be scheduled for an in-person meeting where an attorney or paralegal will assess your case and determine if you are eligible for legal aid. During this meeting , you will be asked to provide documentation of your current living and financial situation. This information will be used to determine whether you qualify for free legal aid services.
The following documents may be requested during your appointment: Once you submit this information, the legal aid office will work quickly to determine if you qualify for an attorney to take your case. Provided that you do meet the stipulations for eligibility, your case will be assigned to an attorney who can begin working on it immediately. If legal assistance is not provided, you may request a second review of your case to confirm that assistance cannot be offered.
While the process for applying for legal aid services in Niagara County, NY is generally straightforward, it is important to be proactive in requesting assistance. Doing so can help ensure that you are matched with an experienced attorney for free legal assistance.
Types of Legal Matters Handled by Legal Aid
A wide range of legal problems may potentially be brought before a legal aid organization. Though each case is unique, Niagara County legal aid lawyers tend to spend more time on the following types of cases: Family legal matters. Divorce, annulment, child support, and child custody or guardianship are all family issues a legal aid lawyer can help you navigate. Legal aid can also help clients with their first court appearances at temporary order hearings. Consumer and bankruptcy. Legal aid can help you with debt collection matters, advice on what legally happens if a creditor garnishes your wages or gets a lien against your property, as well debt management, bankruptcy, and credit repair issues. Access to benefits. Legal aid attorneys have experience with helping individuals get the benefits to which they are entitled, fighting for their rights when necessary. This can include everything from Social Security Disability appeals and applications to information and applications for state benefit programs such as the Supplemental Nutrition Assistance Program (SNAP). Employment law. Legal aid attorneys are experienced with handling employment law questions and concerns, from applying for unemployment benefits to wrongful termination, wage theft, retaliation, and unemployment benefits eligibility. Immigration and nationalization. Many legal aid organizations, including those across Niagara County, handle immigration and green card applications and renewals, citizenship applications and renewals, waivers, temporary status, deferred action for childhood arrivals (DACA), and case appeals.
Advantages of Accessing Legal Aid
As a citizen, when you face a legal challenge, it can be enormously reassuring to know that you have the opportunity to seek legal aid. The essence of legal aid is addressing glaringly unequal access to justice in society—whereby those with resources and wealth are capable of easily accessing the support of legal counsel, whereas poor residents struggle to serve as their own counsel, despite numerous complex hurdles. Legal aid not only makes sure that everyone has access to a level playing field before the law, thereby preventing a system where the rich assign legal outcomes to those in the poor class, but also ensures that individuals can avoid living in the shalows of economic despair . Without legal advice, many poor individuals find themselves facing eviction, criminal charges, job loss and/or other scenarios that remove societal safety nets and put them at risk of homelessness or even jail time. Legal aid prevents this from happening, by giving all citizens access to the same level of legal counsel—not just those who can afford to pay for it. The outcomes of receiving legal aid are truly ground-breaking. Individuals with access to legal assistance are, for instance, a full 1.75 times more likely to avoid incarceration. In addition, once afforded adequate representation, citizens are often able to obtain disability benefits, remain in their homes, and avoid evictions/foreclosures, all of which helps them remain safe—and in control of their life and financial assets.