ACCESS TO JUSTICE UNDER THE IOWA RULES OF PROFESSIONAL CONDUCT

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1 1 ACCESS TO JUSTICE UNDER THE IOWA RULES OF PROFESSIONAL CONDUCT

2 Right to Counsel - Criminal vs. Civil 2 The U.S. Supreme Court in Gideon v. Wainright recognized that every person accused of a crime whether wealthy or poor, is guaranteed the right to counsel. Fifty years after the Gideon decision, there remains no guaranteed right to counsel in the civil context. James Sandman, President of the Legal Services Corporation, said, Most Americans don t realize that you can have your home taken away, your children taken away and you can be a victim of domestic violence, but you have no constitutional right to a lawyer to protect you.

3 Importance of Legal Assistance 3 Access to our legal system for civil matters is especially important to lowincome people. The courts and state and federal agencies make crucial decisions affecting the safety, security and stability of low-income families.

4 Iowa Legal Aid 4 Helps Iowans with limited income and assets. The income guidelines are approximately 125% of the federal poverty guidelines. Provides assistance with civil law matters that affect people s basic needs. Does not handle criminal law issues.

5 Types of Cases Handled 5 by Iowa Legal Aid Family - domestic abuse, custody, visitation, guardianship, child support Housing landlord/tenant, public housing, foreclosures/forfeitures Benefit programs - FIP, Social Security, food stamps, unemployment compensation, veterans benefits Consumer - debt collection, repossession, garnishment, predatory lending, public utilities End of life planning - wills, living wills, advance directives, power of attorney

6 Impact of Iowa Legal Aid 6 The impact of Iowa Legal Aid s work is best illustrated through the stories of clients helped by Iowa Legal Aid. Domestic Violence Housing

7 Role of attorneys in access to justice 7 Every lawyer has a professional responsibility to provide legal services to those unable to pay. Iowa Rules of Professional Conduct Rule 6.1

8 8 A lawyer should aspire to render at least 50 hours of pro bono publico legal service per year. In fulfilling this responsibility, the lawyer should: (a) provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to: (1) persons of limited means Iowa Rules of Professional Conduct Rule 6.1

9 9 In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. Iowa Rules of Professional Conduct Rule 6.1

10 Legal work to be done without 10 expectation of fee Because service must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected. Iowa Rules of Professional Conduct Rule 6.1 Comment [4]

11 11 the award of statutory attorneys fees in a case originally accepted as pro bono would not disqualify such services from inclusion under this section. Iowa Rules of Professional Conduct Rule 6.1 Comment [4]

12 12 How can our ethical obligations be met?

13 13 Justice in the Balance Addressing the gap between the need and the available legal resources

14 Number Eligible for Services 14 Census data for 2012 indicates that 493,721 Iowans meet Iowa Legal Aid s income eligibility guidelines. This is up from 359,741 in the 2000 Census, a 39% increase Eligible Persons 500, , , , ,

15 Number of Clients Served 15 Iowa Legal Aid closed 18,017 cases in 2014, serving an estimated 43,000 Iowans, 18,000 of whom were children Closures by Case Type Family 28% Juvenile 2% Health 6% Employment 3% Miscellaneous 8% Income Maintenance 9% Consumer 14% Housing 30%

16 Turned Away or Underserved 16 Iowa Legal Aid projects that in 2014 it turned away or provided less services than were needed to approximately 11,500 households.

17 Reduced Services 17 The number of cases closed in 2014 is 32% less than the number of cases closed by Iowa Legal Aid in This is not because of reduced need, but rather because of reduced resources.

18 Reduced Staff 18 As of January 1, 2015, Iowa Legal Aid had 17 fewer attorneys, and 5 fewer support staff than it had at the beginning of 2010.

19 Reduced Revenue 19 $8,300,000 $8,200,000 $8,100,000 $8,000,000 $7,900,000 $7,800,000 $7,700,000 $7,600,

20 JUSTICE IN THE BALANCE: LOW-INCOME IOWANS AND THE COURTS 20 Additional Financial Resources Additional Volunteer Resources Awareness of Role of the Courts and Iowa Legal Aid for Low- Income Iowans

21 ADDITIONAL FINANCIAL RESOURCES 21 Iowa Legal Aid continually seeks additional financial resources from both private donors and public entities. Rule 6.1 encourages financial contributions

22 ADDITIONAL VOLUNTEER RESOURCES 22 Attorneys and law students are a significant resource to increase legal services to low-income Iowans. An emeritus practice rule was recently adopted by the Iowa Supreme Court. Iowa Court Rule Ways to expand the law student practice rule have also been approved by the Court. Rule 6.1-attorneys to provide 50 hours of pro bono services

23 AWARENESS OF THE ROLE OF THE COURTS AND IOWA LEGAL AID 23 Iowa Legal Aid strives to increase the understanding of why our court system and Iowa Legal Aid are important to people who are facing issues related to domestic violence, homelessness and consumer problems.

24 Iowa Legal Aid 24 Informs Iowans of their rights and responsibilities. In 2014, over 550,000 persons visited Iowa Legal Aid s website at Distributes quarterly Equal Justice Journal to 7,500 low-income clients and human service agencies. Educates the public at community education events about various legal issues impacting their lives. Resolves legal problems that impact the community at large and ensures children have a better chance at a successful future.

25 Economic Impact 25 Iowa Legal Aid s funding and services provides $44,000,000 in benefits to Iowa s economy each year by obtaining financial benefits for clients and through indirect benefits to local communities, including the savings that results when homelessness and incidences of domestic violence are prevented. In 2011, every dollar invested in Iowa Legal Aid by funding sources within the state yielded a return of $6.71 in federal funding, direct benefits to clients and indirect savings to Iowa communities.

26 What Clients Say about Iowa Legal Aid 26 My situation is very much better. With the help of my lawyer I was able to free my children from a dangerous environment. I cannot get around and my son can now make arrangements for me using the power of attorney arranged by you. I am still able to have a roof over me and my children's head. I felt for the first time like I had a voice, was understood and did not feel so helpless.

27 Questions 27 Call: To apply for legal help

28 Websites 28 Visit the Iowa Legal Aid website at: Visit the Iowa Legal Aid Foundation website at:

29 29 Contact Information Dennis Groenenboom, Executive Director Iowa Legal Aid th Street, Suite 230 Des Moines, Iowa , Ext dgroenenboom@iowalaw.org