All About Legal Aid in Kane County
Legal aid is a term used to refer to legal assistance for those unable to afford legal representation or to do not qualify for other free legal assistance programs. As with many larger counties, Kane County offers legal aid to its residents who can prove that their income falls below 150 percent of the federal poverty guideline. This program allows these low-income families access to the representation they need for important legal matters, such as child custody and domestic abuse issues. The availability of legal aid helps give victims of domestic violence a greater chance at escaping hazardous living conditions as well as ensures equal representation for all members of the general public. In Kane County , legal aid services include representation in the following areas: Legal assistance is provided by attorneys with the lowest fees, due to funding from the Federal Poverty Guidelines and various grants. As a result, services are readily accessible to larger segments of the population than through mainstream legal assistance programs. Among those who can benefit from legal aid are the following: Pro bono programs also offer free legal services and competency to the ill, handicapped or elderly individuals. They are sponsored by the Illinois State Bar Association in coordination with the Kane County Bar Association. Kane County legal aid clinics are open to out-of-county residents for any one case and may be repeated every year.
Who Is Eligible for Legal Aid in Kane County
To be eligible for legal aid in Kane County, you must both require legal assistance and be within the financial threshold for receiving it. Generally speaking, this means that your household income is less than twice the median poverty level. Programs offering legal aid in Kane County Illinois specific areas may have additional standards for eligibility. For example, an organization may insist that applicants are children, victims of domestic violence or veterans of the United States Armed Forces. Household income is only one criteria for receiving legal aid services in Kane County. Some legal aid resources only serve low-income families with extremely limited resources. Legal resources geared toward various areas of law should be specifically contacted to determine their individual needs for eligibility.
How to Get Legal Aid in Kane County
If you think you could qualify for legal aid in Kane County, the first step is to reach out to one of the local organizations that provide these services. The Kane County Bar Association organizes a local pro bono program made up of volunteer attorneys who donate their legal services to individuals who are low-income or have special circumstances that call for an exception, such as representing a domestic violence survivor or a person who is disabled or elderly.
The Kane County Bar Association sponsors several local pro bono projects, including the Elder Law Project, the Domestic Violence Project, the Custody and Support Project, and the Civil Litigation Project. Potential clients should apply for the program that best matches their legal needs.
When you go to Kane County Legal Aid’s official website, you will see a series of questions designed to determine if you qualify for legal assistance. You will also be asked to provide your contact information. This includes simple information such as your name and address, but you must also provide much more detailed information about your current situation. With this information, the Kane County Bar Association can better determine if you qualify for legal assistance and, if so, what type of assistance you are most suited for.
If you believe you qualify for legal aid, fill out an online application form on the Kane County Bar Association’s official website. An employee who works for Kane County Legal Aid will contact you by phone or email within a couple of business days to discuss your application and determine if you are eligible for legal assistance.
Unfortunately, Kane County Legal Aid does not provide criminal or family law legal services. You will need to seek a private attorney specializing in those areas of law.
Case Types Covered by Kane County Legal Aid
The Kane County legal aid program provides support for several categories of legal issues. Of course, not everyone who seeks legal aid assistance meets the eligibility requirements, but the following categories are generally covered:
Criminal: While those convicted of felonies are typically ineligible for Kane County legal aid, those facing misdemeanor charges are likely to qualify. Those who cannot afford their attorney have a right to have a public defender appointed, and there are opportunities for reduced fees in Kane County.
Housing: Those who seek legal aid for housing issues have a wide variety of problems they may encounter. These can range from disability issues, homelessness and even ejection (mortgage foreclosure). However, in order to be eligible, applicants must be low-income and be low-income.
Family Law: While divorces and child custody are traditionally covered, that’s not all the Kane County legal aid program helps clients with. Allegations of abuse, domestic violence and adoption matters may also be supported.
Court Advocacy: While usually only offered to the elderly, court advocacy services include help in drafting forms and documents, appointment of advocates at court appearances, meeting with involved parties and any relevant interviews.
Public Benefits: This category includes a vast array of services where citizens are eligible for benefits but may have trouble obtaining them due to red tape and other barriers. For example, those who cannot pay for prescriptions or medical coverage may also qualify for legal aid assistance in obtaining those resources.
Legal Aid Organizations in Kane County
There are a number of legal aid organizations that serve the county and the greater Chicago area. These groups provide a variety of services that are designed to meet a diverse set of needs.
The Community Legal Clinic has served Kane County for more than 40 years, making it one of the longest-serving legal aid organizations in the county. The organization provides educational and advisory services, as well as pro bono legal representation for qualifying community members.
Another organization, Prairie State Legal Services , has served Kane County since 1981. This organization also offers free legal presentations on a wide range of topics, including its medical-legal partnership (MLP) and domestic violence civil and criminal programs. Prairie State Legal Services has been in operation throughout Illinois for more than 40 years, assisting more than 5,000 low-income clients on a yearly basis with free legal assistance.
The Kane County Bar Association, which recently celebrated its 150th anniversary in 2013, is another provider of free legal education for low-income residents in Kane County.
Testimonials and Client Successes
Feedback from those who have sought legal aid in Kane County paints a powerful picture of the real-world impact of say, a single successful case, on a client and often their families and communities as well.
For example, Eileen D., a low-income parent, faced an uncertain future when she was served with divorce papers out of the blue. As a stay-at-home mom of three young children, Eileen was at a loss before receiving pro bono services. "I just didn’t know how I was going to support myself and three kids," recalls Eileen. "Thanks to the legal assistance I received, I was able to split custody equally with my husband and negotiate fair alimony terms."
Even more significantly, the pro bono attorney who worked on her case alerted both Eileen and her husband to the dangers and signs of domestic violence. As a result, Eileen was able to remove herself and her kids from the danger of an unsafe environment once she was no longer financially dependent on her husband.
"Without this legal help, Eileen would not have been able to empower herself to get out of the marriage," adds Peter R., the pro bono attorney who assisted with her case. "Showing people how to transform their lives is why I go into the legal profession and why I choose to do pro bono work."
The elimination of the threat of domestic violence and the relief from divorce brought considerable emotional benefits to Eileen and provided her with the strength to go back to college to attain her degree in nursing. She currently works at a community hospital and continues to do volunteer work at a local women’s shelter that seeks to end domestic violence.
"If I can help empower someone who has been a victim of abuse, I feel like I have made the world a better place," Eileen says.
Issues with Legal Aid in Kane County
As with many counties across the U.S., legal aid services in Kane County face a number of significant challenges that can limit their accessibility, resources, and effectiveness. Among these challenges are limited funding, resource shortcomings, and potential barriers to access.
Limited Funding
Many legal aid services rely primarily on grants, federal funding, and state funding. With state and federal budget cuts across the nation, fully funded legal aid service providers are increasingly difficult to find. In Kane County, certain modest funding is provided by the state through the Illinois Equal Justice Foundation, though this funding is not nearly sufficient to meet the legal aid needs of all Kane County residents.
The scarcity of funding creates additional challenges for legal aid services in Kane County, namely: the inability to hire or keep qualified attorneys, an insufficient number of attorneys per case, reduced pro bono opportunities because of the lack of visibility, and streamlining initiatives that, though well-intentioned, may limit access to justice in higher-need areas such as family law, housing law, healthcare law, government benefits law, and more.
Resource Limitations
While funding is a large part of the availability of legal aid in Kane County, resource limitations are also a significant challenge. Some of the issues caused by the unavailability of resources in Kane County include:
In addition to handling complex cases with few attorneys, legal aid services struggle with the overall accessibility versus availability balance. While legal aid services in Kane County may be available to assist in a broad number of areas, not all case types may be feasible due to resource limitations.
Because of limited availability, pro bono attorneys are often called upon to handle many types of cases. While most pro bono attorneys are honored to be asked and honored to help, it can be challenging for them to dedicate the necessary time, attention, and focus on matters outside of their specific practice area.
Potential Barriers to Access
Even when legal aid services in Kane County are readily available to provide the necessary assistance, barriers to access remain for many individuals and families throughout Kane County. Among these barriers are:
Many of these barriers to access are tackled head-on by local legal aid services in Kane County, though this does take time and effort for already-strapped legal aid services. While every effort is made to make legal aid accessible for all, there is still no doubt that barriers to access exist and may hinder any progress made through public awareness campaigns and other outreach initiatives aimed at broadening the accessibility of legal aid throughout Kane County.
Other Legal Aid Resources
In addition to the above-mentioned services, Kane County residents looking for further legal assistance can benefit from the following resources: Pro Bono Services: For those who cannot afford a lawyer, the Kane County Bar Association may provide pro bono services, where members of the bar volunteer their time to represent citizens free of charge. While this service is generally reserved for specific legal problems such as family law or consumer fraud, it is worth contacting the Kane County Bar Association for further information about eligibility. Social Services Agencies: Some social services agencies provide free legal consultation services or can refer individuals looking for a lawyer in Kane County. While not strictly legal services , keeping in touch with social services providers may improve access to legal support. Legal Aid Society of Metropolitan Chicago: The Chicago Legal Aid Society provides support in many areas of the law, including family, housing, criminal, health, income and more. While the majority of their support is in Cook County, as a county adjacent to Kane, they may have appropriate legal referrals. Dickson-Murator Centre for Justice: Located in St. Charles, Kane County, the Dickson-Murator Centre for Justice is a family law self-help center. It supports individuals who are representing themselves in court or need help with legal paperwork. Illinois Department of Human Services: In Kane County, the DHS provides information on legal assistance as well as legal aid resources for those with disabilities who seek representation. Many additional social service resources for those with disabilities can also be found through the DHS.