What is Legal Aid?
A need for legal aid exists when the government provides a person who cannot otherwise afford legal representation with an attorney at no charge to that person.
In many civil cases, low-income people must represent themselves in court, as there is no right to an attorney in civil matters. As they proceed alone, in front of judges, juries, opposing parties and, sometimes, opposing attorneys who can afford to pay legal fees, low-income people stand at a significant disadvantage in such cases . As a result, they are unable to secure fair settlements and outcomes in courts and administrative agencies.
Legal aid provides low-income individuals with access to lawyers who can represent them in various matters. In Ventura County, legal aid services range from one-time consultations to ongoing legal representation in civil cases. Through these services, legal aid organizations help clients address matters related to family law, criminal defense, native American law, housing assistance, estate planning, personal bankruptcy and domestic violence.
Qualifying for Legal Aid Services
When it comes to eligibility for legal aid services in Ventura County, most organizations have certain parameters that they abide by. In general, these include financial and case type specifications. In addition, most legal aid agencies will only provide services to residents of the county or region they serve, so if you live elsewhere, you won’t qualify.
Income levels are a major factor in whether or not an applicant will be accepted. Most legal aid companies will take into consideration the guidelines established by the federal government for qualifying for welfare or other assistance. Generally, that is a multiple of the federal poverty level, which is adjusted annually. In 2012, the figures are as follows:
One person – $11,170
Two people – $15,130
Three people – $19,090
Four people – $23,050
Five people – $27,010
Six people – $30,970
Seven people – $34,930
8 people – $38,890
Note that if you have more than eight people in your household, an additional $3,960 is added per person.
The organization will look at your net income to determine if you are eligible. This means that they’ll take into account your dependents, number of children, rent and insurance, even though those items normally add to your expenses and would reduce your net income.
Case type is also a big factor in whether or not you will qualify for legal aid services. Very few legal aid companies handle criminal law cases and only a few handle personal injury or worker’s compensation cases. Cases are sorted into three categories: family law, bankruptcy and consumer issues, and basic civil issues. Bankruptcy and civil cases are the two most common types of cases handled.
Legal Aid Services Offered
The types of legal aid services available in Ventura County cover a wide spectrum, addressing various areas of law. Family law was found to be the most prevalent in the 2021 report from the Ventura County Legal Aid Inc., with legal aid being provided for 363 cases. This may be because there is a large portion of low-income residents not aware that legal aid services exist. However, legal aid does not support family law cases dealing with paternity, adoptions, guardianships, or criminal matters.
Housing related issues accounted for 297 cases, including eviction cases, which have been on the rise due to the COVID-19 pandemic. Housing matters also include issues such as tenant rights and discrimination affecting housing. This service provided 159 cases for those living in Ventura County.
Consumer issues were the issue of focus for 189 cases in the 2021 report. This includes disagreements with creditors, banks and mobile phone companies. Legal aid also assists those with closed credit cards and identity theft. Many commercial and landlord/tenant disputes are also resolved with the help of legal aid.
Specific concerns handled under consumer issues include consumer fraud, banking errors, medical debts, repossessions, and judgments for past debts. In processing 34 cases, legal aid assisted those who had recently lost their jobs, allowing them some measure of peace while they found new employment or began collecting social security.
While total cases filed dropped more than 7% between 2019 and 2020, overall case numbers are up from a decade ago by 27%. Civil cases have fallen slightly. Divorce cases and related matters saw a 21% decline, but still accounted for 30% of the 2020 total.
Locating Sources for Legal Aid in Ventura County
Ventura County residents in need of legal aid services will find a network of organizations dedicated to providing assistance across a wide variety of civil legal matters. Key players in Ventura County’s legal aid landscape include the Ventura County Bar Association, Project L.E.A.R.N, DOVES, Interface Children and Family Services, the Legal Aid Foundation of Ventura County, the Ventura County Public Defender’s Office, and the Ventura County Pro Bono Society.
The Ventura County Bar Association is the main pathway to access pro bono legal services in the county. All intake starts with the bar association, which serves as a referral center through its Justice Center of Ventura County. The Justice Center manages the Pro Bono Project and the Pro Per Clinic, as well as other service programs.
Attorneys and law students helping with the Pro Per Clinic lead walk-in session with clients on Tuesday mornings at the Ventura Hall of Justice. Participants must be age 18 or older and are expected to bring documents related to their legal matter. There is no pre-screening process for the clinic, so those who do not speak English should bring a translator to help them communicate with attorneys.
Project L.E.A.R.N (Legal Education, Advocacy and Resource Network) aims to assist individuals and families with legal matters pertaining to immigration. Run by Interface Children and Family Services, Project L.E.A.R.N works with Pro Bono Project to provide legal information and resources to low-income non-citizens of Ventura County. These include families of servicemembers, the homeless, refugee or asylum seekers, and victims of domestic violence.
DOVES is a legal aid project of the Alliance of Papas, the Ventura County Bar Foundation that assists low-income women in domestic violence situations. As a pro bono legal center, DOVES provides free walk-in legal aid clinics to support participants with their divorce and dissolution paperwork for free.
The Ventura County Public Defender’s Office is a fundamental player in providing fair and effective counsel to indigent people through its Conflict/Court Appointed system. The office contracts with private practice lawyers to serve as public defenders for poverty-level individuals who are accused of crime and cannot afford an attorney.
The Legal Aid Foundation of Ventura County is a nonprofit that offers free civil legal services to low-income residents of the county. Run by the Ventura County Bar Foundation, the Legal Aid Foundation coordinates with volunteer private practice attorneys to offer legal services to low-income individuals in need of legal guidance.
The Ventura County Pro Bono Society coordinates efforts to provide free legal representation and legal services to indigent people residing in the county. In conjunction with other organization, it sponsors a number of pro bono clinics, including a Naturalization Clinic that teaches eligible permanent residents about the naturalization process and provides them with free N-400 legal assistance. The Pro Bono Society also sponsors clinics for elder law and family law, and matches qualified volunteer lawyers with cases involving clients seeking legal assistance.
How to Acquire Legal Aid Services
When seeking legal aid in Ventura County, the first step is to determine your eligibility for assistance. Each legal services organization has its own criteria, but most require that you demonstrate a financial need. Documentation such as proof of income and family size may be requested. Gather the necessary paperwork before applying to ensure a smooth transition into the application process.
The application process for legal aid in Ventura County typically begins with a phone call or visit to the legal services provider of your choice. During this initial contact, you will ask whether you qualify for their assistance. If you do, the provider will walk you through their specific application process.
While some organizations may require a face-to-face interview, others will conduct the application over the phone or through an online portal . Information about your legal issue, personal situation, and financial standing may all be asked during this time. Make sure to answer questions honestly and provide as much information as possible.
Once your application is submitted, the legal aid provider will review your information to determine your eligibility. This process may take several days to weeks, depending on the provider. If the organization cannot assist you, they will often refer you to another agency or resource in the community that can.
If your application is approved, you will be assigned an attorney or legal aid advocate who will assist you with your issue. In some instances, you may be asked to sign a retainer agreement outlining the scope of assistance that will be given.
Advantages of Legal Aid Services
The impact of gaining access to justice, especially for low-income families, cannot be overstated. Since some individuals cannot afford to hire a private attorney or don’t know how to access legal services, low-cost or free legal aid services provide that opportunity. The success stories of every client who has used legal aid, whether to gain protection from a violent partner or to resolve a dispute over unequal wages, is often mirrored by thousands of other individuals and families.
For example, Affordable Justice Foundation reports that the services of the Ventura County Law Library include:
- In-House Document Preparation and Self Help Services: Each year, the Librarians provide direct services to over 5,000 residents, including in-house document preparation. During this past year alone, the Volunteer Law Librarian prepared 420 documents in nearly 400 hearings, on behalf of 72 clients.
- Unlawful Detainer (Eviction) Clinic: Each year, the law librarian educates 167 people on the unlawful detainer process, and assists in the preparation of 78 illegal detainer complaints, and 270 counterclaims. With a success rate of 83%, the clinic continues to expand to other jurisdictions beyond Ventura. Participating clients are instructed in the correct procedures for filing their own responses, appear at their hearings, and pay only a modest filing fee. As a result, more families retain their homes and avoid eviction.
- Children’s Education Rights Legal Clinic: Each year, the Library provides services for 221 families, with 224 children attending local schools. Of these 284 cases, 85 are successful as the result of out-of-court resolution with school administrators. For instance, parents have successfully resolved cases with the schools, including special education placement, attendance policies, and the provision of transportation. Remaining cases proceed successfully through the court system.
Ventura County Area Agency on Aging provides the following example of how its work has benefited seniors in the community, "Helen is in her late 60’s and was diagnosed with terminal lung cancer. Helen lives in a mobile home park and has lived there for many years. She has owned her home but has a reverse mortgage on it. Since she has a terminal illness, she is declining quickly. Helen actually sold her home to her neighbor who was going to pay cash, but the lender advised her that they would not refinance the reverse mortgage since the new buyer would not live in the home. The lender will only refinance if the homeowner lives in the house. Helen’s only income is Social Security Disability and SSI which amounted to about $1,400 a month. The average rent at the mobile home park is $600.
Without the help of the Ventura County Area Agency on Aging and the services available through the Legal Aid Society of Ventura County, Helen would not be able to continue to live at her home. This case demonstrated a solution to a high-cost housing problem, an example of how multi-agency collaboration can best serve our clients."
Obstacles Encountered by Legal Aid Providers
Legal aid organizations in Ventura County, as in many counties in California and across the United States, face a significant shortfall in meeting the legal needs of low-income individuals. While many agencies are working hard to help as many people as possible, the high demand for legal assistance often exceeds the available resources. Access to Justice (A2J) has found that low-income individuals without attorney representation have identified help with filling out legal forms as the highest priority. Organizations such as Trapley & Sokoloff Consulting Group, Legal Aid Foundation of Santa Barbara, A New Beginning, Legal Services of Northern California, and California Rural Legal Assistance Foundation report having seen significant increases in the number of people seeking services upon the implementation of Domestic Relations Restraining Order Forms (DV-100 to DV-130) on January 1, 2019 and the implementation of the Family Law Facilitator Program Module on December 3, 2018 in Ventura County. While these two overlapping systems are conceptually similar, their execution by the Family Court Facilitators and Voluntary Legal Services Organizations (VLSA) is different enough to cause confusion for court users. The Family Law Facilitators see the subjects of Domestic Violence Restraining Orders and Family Law Pro Pers as completely separate, although both groups share similar legal problems and their clients desire assistance with form preparation. The Family Law Facilitators focus on filling out legal forms and information only, while the VLSA attorneys offer full legal-services staff support to assist low-income clients and their inability to access an attorney is a barrier to justice. This could explain some of the high demand for domestic violence restraining order form preparation, as many low-income litigants already have a restraining order in place while filing family law form packages for post-judgment enforcement purposes or modification of existing orders. There is currently a service gap in helping low-income members of our community with domestic violence, child custody, and family law issues.
The Future of Legal Aid in Ventura County
The landscape of legal aid services in Ventura County is poised for evolution in response to emerging community needs and statewide policy changes. Future developments aim to enhance the availability and effectiveness of these crucial legal resources, ensuring families and individuals have the support they need to navigate their legal challenges.
Do-It-Yourself (DIY) Legal Clinics
One of the key upcoming initiatives in Ventura County involves the establishment of do-it-yourself (DIY) legal clinics. These new clinics will assist clients in filling out forms and understanding the legal process, given that self-representation is increasingly common in family law, probate, and landlord/tenant cases. These clinics are a significant step in expanding access to justice for individuals who cannot afford legal representation.
Enhanced Policy and Jurisdiction
The Ventura County Superior Court is also working on expanding its jurisdiction and policy assistance, specifically targeting debt collection cases. In recent months, the court has increased the value limit for filing debt collection cases. The court is closely examining Los Angeles’ court system, which has become a model for debt collection cases. If the court’s pilot program proves to be successful, the Ventura County Superior Court may follow suit.
Wealth of Resources
Current and new resources, such as Family Law Facilitators, Self-Help Centers, and Court Volunteer Interpreter Programs , continue to evolve. The Family Law Facilitators are adapting in light of recent policy changes to the dissolution of marriage. Self-Help Centers are even more responsive to the community, providing education classes, community resources, and more frequent clinics. Finally, private attorneys and court employees are stepping in to ensure translation services are available for those who need them.
Funding Opportunities
Funding continues to play a significant role in the expansion and enhancement of legal aid services. The Ventura County Legal Aid Foundation, Human Services Agency, and Community Foundation of Ventura County collaborate to apply for grants and funding opportunities. By not only taking the initiative to seek new grants but also maintaining existing funding streams, organizations can better support Ventura County residents.
The Future
The ultimate goal is to eliminate civil legal barriers, such as domestic violence, elder fraud and abuse, elder issues, and homelessness, that hinder individuals from realizing a "normal life," which encompasses shelter, food, and health care. At the same time, Ventura County’s population has been steadily increasing, which might require the facilitation of new housing resources, such as an expansion of the homeless shelter. All these factors – increased population, increasing need for legal aid, funding, and awareness – are being carefully considered in order to implement new programs and make changes as needed.