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Legal Services of Northwest Minnesota

 
 
 
What is Legal Services of Northwest Minnesota?
 

What is LSNM’s History?
How is LSNM Funded?
What Kind of Services are Provided?
How Do You Decide What Kind of Cases to Take?

LSNM is a private non-profit corporation which receives federal, state, and private funding to serve the legal needs of low income or elderly residents of 22 counties.  It is not a government agency, nor is it a politically based program.

LSNM uses a combination of staff attorneys and private attorneys to deliver legal services.

Legal assistance to LSNM's clients may be provided by a staff attorney or paralegal, or by contract private attorneys. Staff cases generally involve more unique or specialized "poverty law" issues, such as public benefits appeals and subsidized housing problems.  Certain family law matters are also handled by staff.

Private attorneys handle family law and a broad range of other issues.  Attorneys who have agreed to participate are partially reimbursed by LSNM for time spent on a case, according to an established fee schedule.  This method of delivering free legal services through private attorneys is referred to as "Judicare."

The combination of Judicare and staff representation results in an effective and efficient delivery of legal services.

LSNM is governed by a local Board of Directors interested in the delivery of legal services to the elderly and poor, composed of attorneys, client representatives, and a community organization representative.

 

LSNM also has an Advisory Committee of community organization representatives knowledgeable about the needs of low income and elderly persons.

 

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What is Legal Aid's History?

Lawyers have been giving free legal services to the poor for over a hundred years, but it wasn't until about a hundred years ago that they took any sort of organized form.  Private attorneys and local bar associations, generally in larger cities, began pooling their efforts and resources to give free legal aid.

Legal aid first received significant government support in conjunction with President Johnson's "War on Poverty" in the mid-1960s.  Funds were made available through the Office of Economic Opportunity and VISTA for local legal aid offices.  But the services were not coordinated or available on a nationwide basis and the funding was insufficient and often not effectively managed.

By the early 1970s, it became clear that the need for legal services to the poor was so great that a separate program needed to be established on a national level to receive and administer federal funds, and to promote, monitor and support the development of local legal aid offices throughout the country.  Therefore, in 1974, the U.S. Congress passed the Legal Services Corporation Act. 

The Act established the Legal Services Corporation (LSC), a politically independent non-profit corporation.  The Act also provided for appropriations of federal funds to be distributed by LSC on a grant application basis to local legal aid programs. 

LSNM began with a small group of active, motivated, community-minded attorneys and community leaders who were genuinely interested in the legal problems of poor people in the area.  These people became aware of the availability of LSC funding for free legal services.  They organized and applied for the funds.  LSNM was officially incorporated on November 23, 1976, primarily as a Judicare program of private attorneys.  In 1977, there were 57 attorneys on the panel; today, that number has grown to over 230 attorneys.  This is about two-thirds of the attorneys practicing in the area.

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What Kind of Services are Provided?

Services are generally limited to people whose household incomes are at or below 125% of the federal poverty guidelines.  An individual's available assets must also fall within the asset ceiling.

All eligible clients are provided a free initial consultation with either a legal staff member or a Judicare attorney.  The type of service provided depends upon the legal problem the individual is facing.  Many clients are helped by immediate advice on their problem, including things they can do themselves to address or solve the problem.  A variety of written materials and brochures are available to assist them with self-help remedies.  If a client requires further assistance, their case must fall within a priority category.

LSNM is prohibited by federal LSC regulations from doing criminal defense work.  The primary reason for this exclusion is that a public defender or court-appointed attorney is usually available.

LSNM is also prohibited from handling fee-generating cases.  These are cases which an attorney could take, usually on a contingency fee basis, and recover his or her fees from the opposing party or from damages awarded.  An example is almost any type of personal injury lawsuit. 

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How We Decide What Kind of Cases to Take?

LSNM has limited funding, staff, and resources, so it is not possible to accept all priority cases at all times.  Resources are allocated according to a priority list of the most pressing and serious legal problems our clients face.  In order to develop this list, we undertake a major needs assessment every five years.  Surveys are sent to low-income individuals, court officials, social service agencies, Judicare attorneys practicing in our coverage area and a variety of other community organizations whose work provides insight on the legal needs facing low-income individuals.  Our Board of Directors then develops a priority plan based on the survey results.   The priority plan is reviewed annually by a committee of staff, clients, board members, and others appointed by the Board of Directors.

The goal in setting a case priority plan is to first provide service to those in the greatest social and economic need.  The first priority cases, therefore, are in the areas of income maintenance, health, and preservation of shelter, food, and basic necessities of life.  This includes cases such as MFIP, food support, energy assistance, medical assistance, and other public benefit appeals; Social Security Disability and Supplemental Security Income appeals; housing issues; Medicare and Medicare supplemental insurance for the elderly.

Also of high priority are family law matters, especially where domestic abuse and child protection are at stake.  These cases make up a large share of the LSNM caseload.

Some consumer law problems are handled by LSNM.  Chief among these are defenses of garnishment actions or other threats to the loss of the client's essential property.  Bankruptcies may be done if the client has wages or property which is subject to attachment by creditors; again, the goal is to preserve the client's livelihood and already scarce resources.

Simple wills are done for senior citizens, but beyond that, property matters are generally not handled.

LSNM is fortunate to have a relatively broad priority plan due to the large number of Judicare attorneys available and the careful and efficient management of LSNM funds.

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