Pro Bono Summit: The Landscape of Legal Services in California October 28, 2008

Overview  Who are we?  SCDLS – State Bar Standing Committee on the Delivery of Legal Services  Public Interest Clearinghouse (PIC)  Poverty in California  The “Justice Gap”  California’s Legal Services Delivery System  Specific Topics:  Rural Poverty and Need  Need for Family Law Assistance  Statewide Coordination

Poverty in California

Poverty in CA – A Unique Case  6.4 million low income Californians living in poverty  18% of the population  California has the largest low-income population of any state  Growth in poverty has exceeded population growth - 60% vs. 40% - since 1980

Poverty in CA – A Unique Case  Vulnerable populations are disproportionately affected by poverty  Women, immigrants, seniors, disabled, etc.  1 in every 5 children is living in poverty  26% of registered workers earn poverty-level wages  The income gap between rich and poor has grown faster than any other state over the past three decades

Poverty in CA – A Unique Case  Due to high cost of living relative to other states, federal measures drastically understate poverty in California  As of 2000, 7.5 million Californians with incomes over the federal poverty line were unable to afford basic levels of legal assistance  Impact of current financial crisis  Increased poverty  Drastic reductions in available social services  Potential decreased funding for legal aid, both state (IOLTA) and federal (LSC)

California’s Justice Gap

The Justice Gap  California ranks 22 nd nationally in terms of amount of legal services funding per poor person  When adjusted for inflation, there was a 59% decrease in California’s funding for legal services between 1993 and *California Commission on Access to Justice - Action Plan for Justice, April 2007

The Justice Gap  A ‘justice gap’ of $394 million exists between the current level of public funding to legal services and that needed to truly meet the needs of California’s poor *California Commission on Access to Justice - Action Plan for Justice, April 2007

The Current Challenge  Out of 165,381 active attorneys, 754 are legal aid  California’s indigent population numbers 6.4 million *California Commission on Access to Justice - Action Plan for Justice, April 2007

Impact of the Justice Gap  Over 8,000 eligible low-income clients per legal services attorney *California Commission on Access to Justice - Action Plan for Justice, April 2007

Tremendous Unmet Need  With existing funding, legal services programs are able to meet less than 1/3 (28%) of clients’ legal needs  Programs are unable to provide even a minimal level of advice and assistance for 67% of the legal needs of Californians in poverty

Clients Turned Away due to Lack of Resources *California Commission on Access to Justice - Action Plan for Justice, April 2007

California’s Legal Services Delivery System

The Legal Aid Community Access to Justice Community (incl. court-based programs)

The Legal Aid Community Legal Services Community (IOLTA)

Access to Justice Community (incl. court-based programs) The Legal Aid Community Legal Services Community (IOLTA) 75 Field Programs (direct services)

Access to Justice Community (incl. court-based programs) The Legal Aid Community Legal Services Community (IOLTA) 75 Field Programs (direct services) 22 Support Centers

Access to Justice Community (incl. court-based programs) The Legal Aid Community Legal Services Community (IOLTA) 75 Field Programs (direct services) 22 Support Centers 11 LSC

Access to Justice Community (incl. court-based programs) The Legal Aid Community Legal Services Community (IOLTA) 75 Field Programs (direct services) 22 Support Centers 11 LSC PRO BONO

The Legal Aid Community – Legal Services Distribution

The Legal Aid Community  11 of 97 IOLTA-funded programs also receive federal LSC funding  LSC funds include Private Attorney Involvement (PAI) requirements  Approximately 20 programs receive an additional IOLTA pro bono allocation  Many more offer pro bono opportunities  Both Support Center and Field Programs have pro bono opportunities – but often different types

Eligibility for Legal Services  IOLTA eligibility in California affects those at or below 125% the Federal Poverty Line  LSC eligibility is at or below 200% the FPL  Providers with volunteer programs deliver services to those at or below 75% of individual county low- income guideline (HUD)  % of FPL

Eligibility for IOLTA services

Substantive Issues  Housing  Basic economic assistance / public benefits  Access to health care and medical coverage  Disability rights and benefits  Children’s issues  Family law and domestic violence  Elder law  Consumer issues  Immigration assistance  Employment issues  Native American issues  Individual and civil rights

Clients served by substantive area

Client Populations Served  Low-income individuals and families  Working poor and unemployed  Persons with disabilities  Persons with HIV/AIDS  Vulnerable seniors  Children  Survivors of domestic and elder abuse  Veterans  Native Americans  Immigrants  Low-income entrepreneurs  Community organizers

Continuum of Services  Intake clinics  Advice and Counsel  Brief Service  Limited scope representation (unbundling)  Full representation  Impact or policy work  Pro bono assistance needed with all levels of service

Needs in Rural California

Rural California: An Underserved Population  Over 1.8 million Californians reside in rural areas  Spread across 18 counties  The poverty rate in the Central Valley alone exceeds all but two states *2000 US Census data

What is rural?

Rural California: Limited Access to Services

Rural California: Barriers to Legal Aid  Lack of transportation  Inadequate access to technology and law libraries  Lower educational levels & lack of access to education  Language issues  Scarcity of law firm presence for pro bono  Lack of near-by law schools for student volunteers  Geographic isolation

Rural California: Limited Access to Services  Rural areas in Northern and Central CA have access to limited legal services organizations  Difficulty defining what counts as “rural.”  Geographic region?  Community characteristics?  Where the client is located or where the nonprofit is located?

Need for Family Law Assistance

Family Law: High Demand, Short Supply  In 2004, 70% of all litigants in family law matters were self-represented  Large numbers of the cases served by legal services nonprofits focus on domestic violence  Anticipate an interesting conversation regarding the barriers that exist for pro bono in family law matters

Unmet Need in Family Law *California Commission on Access to Justice - Action Plan for Justice, April 2007

Statewide Coordination & Communication

Statewide Coordination How Are We Working Together?  Statewide organizations  State Bar of California  SCDLS: Standing Committee on the Delivery of Legal Services  IOLTA Commission – pro bono allocation  Access Commission Pro Bono Task Force  Judicial Council / Administrative Office of the Courts  Public Interest Clearinghouse – support center  National Groups: PBI, ABA Center for Pro Bono

Statewide Coordination How Are We Working Together?  Groups within the Private Bar  Bay Area Roundtable  Los Angeles Pro Bono Council  APBCo  Local Bar Association Committees (BASF)  Legal Services  Los Angeles Pro Bono Managers  California, Los Angeles and Bay Area websites

Pro Bono Summit November 6, 2008 State Bar San Francisco Office