What Exactly is Legal Aid?
Legal aid is a pro bono resource for those who cannot afford a private attorney. It serves to create equal access to the civil law for all, and our hope is that we can help the people of Olmsted County get the legal assistance they need without falling into debt for which they will have no means to pay off.
The problem is that not all legal needs are covered by legal aid. Common areas of assistance that we are able to provide to Olmsted County residents include family law, housing law, consumer law, expungement, bankruptcy, and wills and estates . Some of these issues are very in-depth and require a time commitment from both parties to get the best result possible.
Legal aid is not going to solve every problem. There are many areas where we only provide limited help or no support at all, including issues related to personal injury, Social Security disability, criminal law, traffic violations, immigration services, employment law, personal bankruptcy, tax law, fees associated with a divorce, and even financial bankruptcy. Due to the subjective nature of the legal system, you should always seek legal aid as soon as possible to determine whether or not you can get assistance with the issues you face.
Brief History of Legal Aid in Olmsted County
As prescribed by Minnesota Rule of Court 108.01, the provision of legal aid assistance to low-income residents of Olmsted County had its beginnings long before the creation of local legal services providers, with its roots in the formation of legal aid services on a national scale. In 1914, the National Association of Legal Aid offered suggestions for "Proposed Methods of Organizing and Administering Public Legal Aid in Cities," beginning with an examination of the legal needs of the community to determine the best approach for creating a legal aid office. Although this proposal was not fully embraced, the legal aid movement at the national level continued to gain traction, culminating in the creation of the Legal Aid Society of Minneapolis in 1922. Several other cities around the country began to follow suit, including Rochester.
Soon thereafter, while the country was in the midst of the Great Depression, the need for low-cost and free legal services was felt intensely. A 1935 study in the Rochester Post-Bulletin reported that nearly half of all poor families in Rochester received a form of relief from the government. In addition, it was also reported that an attorney could charge $100 for a simple bankruptcy case, an unaffordable amount for most working people. An attorney connected with the Rochester Civic Club, William F. Kelly, proposed to his fellow club members in April of 1938 doing "something constructive and permanent in providing legal aid for low-income people" in Rochester. The Commercial Bank of Rochester agreed to provide some funding, and, in December of that year, the Rochester Legal Aid Association was formed. The following year, the Minnesota Bar Association held a four-day clinic in Rochester to provide advice and some legal representation. Gifts from the Rochester Rotary Foundation, the Rochester Foundation and the Commercial Bank of Rochester funded the efforts that year, providing legal assistance to over 1,200 individuals.
Rochester attorney Milton Rosen, later to become the chief judge of Olmsted County District Court, after learning of the pending discontinuation of the 1939 effort, and believing that private enterprise could provide the necessary services, made an arrangement with local attorneys and legal aid volunteers to provide legal assistance on a sliding fee scale to those who could afford some charge. This proved unsustainable; there were simply too many poor people in Rochester needing legal assistance, according to former Legal Aid attorney Bill Egan, in a letter to the editor during the early 1970s. The cost of obtaining attorneys and overall administrative expenses was such that the pro bono assistance provided by law students and other volunteers could no longer sustain the costs of the operation.
After a short hiatus, in 1947, the Rochester Legal Aid Society was born as a community project sponsored by the Rochester Junior Chamber of Commerce. ROC-LAS (Rochester Community Legal Advice Service) was opened in 1967, a free legal advice and referral service provided 7:00 p.m. to 9:00 p.m. on weekdays by volunteer attorneys. In 1973, again, the community was served by a free advice and referral service called the Olmsted County Legal Advice Clinic, a 60-day pilot project funded by grants from the American Bar Association and the Minnesota State Bar Foundation. The clinic was so successfully reasoned that, in 1974, the Olmsted County Bar Association, in conjunction with the Rochester Junior Chamber of Commerce and the Rochester Area Chamber of Commerce formed the Olmsted County Legal Advice Clinic, a non-profit organization devoted to funding and staffing a weekly walk-in clinic at which volunteer attorneys provided legal advice and made referrals to persons unable to afford the cost of hiring an attorney. As of 2010, ROC-LAS continues as a non-profit corporation serving individuals of limited income by providing community education, referrals, resource participation, support services, and legal advice and representation.
Olmsted County Legal Aid Services
Olmsted County has a local Minnesota Legal Aid branch, named Southern Minnesota Regional Legal Services ("SMRLS"). Its office is located at 6 Civic Center, Suite 300, Rochester, Minnesota 55901. SMRLS serves over 1,000 people in Olmsted County each year. SMRLS focuses on areas of the law that protect low-income citizens in Minnesota, particularly with respect to family law (e.g., divorce, paternity, custody, child support), housing (e.g., eviction defense), consumer issues (e.g., collection issues), housing (e.g., landlord-tenant, section 8, discrimination, housing authority issues), public health benefits (e.g., medical assistance, supplemental security income, food support), estate planning and probate (e.g., wills, trusts), and guardianship/conservatorship. In addition, they assist with some employment law issues, domestic abuse and harassment restraining order cases, and unlawful discriminatory practices cases, when the need for their assistance is urgent and no other organization is available to provide the needed service. The services are provided through individual representation, legal advice, or legal education.
Who Qualifies for Legal Aid in Olmsted County?
Most legal aid services in Olmsted County have income thresholds that a client must meet in order to get the legal help that they require. Legal aid programs are generally funded by a combination of government and private dollars. These funders have established maximum income levels that legal aids must use in order to receive these funds.
State and national programs have established maximum income levels for Minnesota and the United States, respectively. However, individual programs in Olmsted County may have different policies regarding the income levels used in their programs.
At the federal level, income thresholds depend on the size of a family. For example, the 2018 federal poverty guideline for an individual is $12,140, while the guideline for a family of eight is $41,420. Failing to meet the federal maximum does not, however, necessarily disqualify someone from receiving legal aid services in Olmsted County since the Minnesota poverty line is different than the federal line.
The Minnesota poverty guideline uses a somewhat alternative formula that also takes home state value into account. In addition, different counties have different use of the Minnesota poverty guideline, and the total number of individuals in the household also affects the use of the guideline. As an example, the 2018 poverty line for an individual in Olmsted County is $13,930 and the poverty line for a family of eight is $46,910.
In some cases, income limits can be adjusted because of other factors. The income of a situation should be considered against the income of the circumstance to determine whether income thresholds are being met. Thus, for example, the amount of money that a person pays in rent or utility bills can allow them to qualify for legal aid services in Olmsted County when they would otherwise qualify if those costs were not taken into consideration.
As a general rule, a household that earns 125 percent of the poverty guideline does not qualify for legal aid services.
How to Get Legal Aid Services in Olmsted County
Persons seeking access to legal aid services in Olmsted County can do so through an application form at the legal aid services office in Rochester, Minnesota. Anyone who is interested in applying for legal assistance from the Legal Aid Society of Rochester & Surrounding Areas, Inc., can contact the office at (507) 288-5000 or toll-free at (800) 422-9304 to request the application form or if they have any questions about the firm.
The application process is not an immediate means of getting a lawyer. The application must be filled out and then submitted to the office for review. The application requests basic information about the applicant such as their financial situation and legal problem. Legal aid is generally only available for those who meet the requirements of low-income families.
Once the application is received , it will be entered into the current waiting list. It is vital that if you have a time-sensitive case, you express that immediately upon applying so you can be moved up the list. You should keep in mind that there are many factors that go into determining when people are called based on the order that they applied, and certain individuals may be given priority over others.
If you have a criminal or immigration-related case, legal aid services in Olmsted County is NOT able to provide assistance in these types of cases.
How Does Legal Aid Help Community Members?
The Olmsted County Community Legal Access Program serves and protects vulnerable populations throughout Rochester and surrounding communities. The services provided by legal aid attorneys, pro bono attorneys, and volunteers impact the quality of lives for low-income individuals and families and individuals with disabilities. Legal aid programs reduce stress, foster self-sufficiency, and empower individuals. For example, the Olmstead County Legal Help Assistant provides legal information to self-represented clients in eight rural olmsted family law clinics per month. More than 80 individuals have legal information needs that help them move forward on the paths laid out by the volunteer attorneys providing services at these clinics. The Community Legal Access Program helps low-income people in Olmsted County who can’t afford a lawyer. We help those who need access to equal justice.
Legal Aid Testimonials and Success Stories
Olmsted County has a long history of providing legal aid services to those in need. One individual who sought the program’s help two years ago has had a particularly positive experience. "I came to legal aid when I was facing serious trouble with my landlord," she says. "My caseworker connected me with a local pro bono lawyer who was able to help me save hundreds of dollars in rent and even negotiate reduced payments for the months I had already missed." A caseworker provided Olivia her own success story last year when she first arrived at Olmsted County: "I came to legal aid with absolutely nothing and no other options after being repeatedly denied Social Security." With fine-tuning from her advocate, she was able to make a successful appeal. "It was a very crucial moment in my life, without which I don’t know where I’d be today," she adds candidly.
Obstacles for Legal Aid Professional
A number of challenges face legal aid providers in Olmsted County, a majority of which stem from a chronic shortage of funds. In FY 2013, more than 230 individuals and families met 150% of the Federal Poverty Guidelines (which is $17,655 per year for an individual) or less. Approximately 65 of these low-income individuals in Olmsted County could be represented by non-profit legal aid providers if all funding streams were fully devoted to these cases. Based on this estimate, approximately 30% of eligible clients were served in FY 2013.
These numbers are typical of the challenges facing legal aid statewide. In 2013, Greater Minnesota legal aid programs allocated attorney time to 1,283 family law matters, with an average of 22 minutes per case; they were only able to provide a full representation to 153 family law cases. In comparison, Hennepin and Ramsey County alone allocated 540 hours of attorney time to over 1,300 family law matters and was able to give full representation to 407 family law cases, a number that constitutes over 20% of cases handled by legal aid throughout the state , despite the fact that the population of these two counties is approximately 10% that of all counties in the state.
To lessen the gap between the number of people who need legal services and the number that can be served, legal aid providers rely heavily on pro bono volunteers to fill the void. In Olmsted County, only 10 private attorneys volunteered as pro bono attorneys to legal aid in 2013, contributing 107 volunteer hours. However, greater volunteer participation would make a considerable impact on the unmet need for legal services.
To meet some of the unmet need in Olmsted County, the Self-Help Center at the Olmsted County Government Center legally represents parties in family law matters from the commencement of the action through trial as court-appointed attorneys. The Self-Help Center is currently only serving those matters which would go to trial, such as divorce and child custody cases; it cannot give representation in these matters for persons at risk of not having representation, such as motions for contempt, child support and custody modifications, or other post-decree matters.