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Don’t Cut the Poor’s Legal Lifeline : Slashing Legal Services Corp. would deny representation to 9,000 residents.

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<i> Robert J. Cohen is executive director of the Legal Aid Society of Orange County. James Meeker is a professor of social ecology at UC Irvine. </i>

Congress is considering eliminating funding for the Legal Services Corp. Throughout the nation, LSC, a federally funded nonprofit corporation, provides the majority of funding for civil legal services for the poor. In Orange County, the Legal Aid Society of Orange County (LASOC) receives $2 million from LSC, representing more than 75% of its funding. Most of the remainder of LASOC’s funds comes from other government sources as a match to LSC funds. In short, if LSC funding is terminated, Legal Aid services will be severely reduced or eliminated.

Given the animosity toward LSC among conservatives and the general mood to reduce discretionary spending, it seems unlikely that LSC can sidestep major cutbacks or elimination in ’96. Other potential sources of legal aid funding do not look promising. For example: the “Common Sense Welfare Reform Bill,” recently introduced in the House, provides possible private funding for charitable organizations through a tax credit for donations up to $2,500. However, the act specifically excludes contributions for legal services. It’s already tough to raise private funds for Legal Aid; this added discrimination makes it practically impossible.

Moreover, if block grants are given to the counties and cities for distribution, given Orange County’s bankruptcy the chances are slight that Legal Aid would ever see a penny of its former LSC grant.

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The loss of Legal Aid’s services will hurt. There are 259,700 people in Orange County whose incomes are lower than 125% of the poverty level. As it now stands, legal services are severely rationed. There is only one Legal Aid attorney for every 26,000 or so poor people in Orange County. Each day in Orange County, LASOC receives between 450 and 500 calls requesting services. Last year, LASOC served 9,236 Orange County residents. Almost 70% were women. The majority of services, either directly or indirectly, were provided for the benefit of children.

The great majority of services concern survival issues. Last year in Orange County, LASOC closed 3,175 family law cases, 2,264 housing cases and 1,185 government benefits cases. Routinely, Legal Aid’s family law services put an end to domestic abuse and result in court orders that settle difficult issues of child custody and visitation. Routinely, Legal Aid’s assistance in housing matters peacefully settles bitter disputes concerning substandard living conditions on one hand and unpaid rent on the other. Of equal importance is Legal Aid’s government benefits work. Legal Aid wins almost all of the SSI appeals. Without this assistance many people would have no alternative to homelessness.

Additionally, Legal Aid operates a Lawyers Referral Service (LRS). The service, unlike most, provides an initial half-hour of free consultation. Each month, the LRS refers about 960 people to private members of the bar for assistance. More than a third of those report that the initial free consultation was sufficient to meet their needs.

To support the pro bono work and to take advantage of the volunteer services of the bar, Legal Aid provides $130,000 to the Public Law Center (PLC) and annually refers to PLC more than 500 clients for pro bono assistance. Next year it is unlikely that LASOC will be able to make any such contribution.

Even if the bar provides pro bono assistance to 1,200 persons next year, which is certainly not guaranteed, more than 8,000 poor people facing critical legal problems will be left without assistance. Many of them may try to represent themselves in court. This is rarely effective. Others may simply give up. For a county that prides itself on government by the rule of law, such a situation is a disgrace.

Absent congressional funding of LSC or a chance to compete for “tax-credited” private donations, don’t count on help from Legal Aid next year.

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