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Helping Hands

War and recession heighten demand for help from our region's legal service community.

By Dana Black McGrath

With the country at war and in a recession, people are finding themselves in situations they never anticipated, situations that might be eased with the help of an attorney. In the wake of a weakened economy, more and more people are seeking legal advice as they face hurdles such as job loss, foreclosure, bankruptcy, public-benefits issues and more.

The unemployment rate in the United States rose from 6.5 percent to 6.7 percent in November, according to the U.S. Department of Labor's Bureau of Labor Statistics, and job losses were large and widespread across the major industry sectors. On top of that, a record one in 10 American homeowners with a mortgage was either at least a month behind on his or her payments or in foreclosure at the end of September, according to the Associated Press. The credit crunch has banks slashing credit limits on consumer cards.

Veterans returning home often face many legal issues, according to supportforveterans.com. These include divorce, child support, unemployment or mortgage foreclosure. Some have permanent physical injuries, and many are wrestling with mental-health issues.

When faced with adversities such as these, how do you know when it is time to seek the help of a qualified attorney?

Whitney Hughes of the Allegheny County Bar Association recommends acting as early as possible. "It is much better to be pro-active than to be re-active," she says. "You don't want to play ball in someone else's court. A little pre-planning goes a long way."

Many people could use the help of an attorney long before they realize the need, Hughes says. The Allegheny County Bar Association has been working to spread the word about legal alternatives and resources that are available and hopes to serve as a conduit to help people in the community get access to those programs and services.

The Bar Association itself offers many programs and services, including pro-bono services for those who are financially disadvantaged, reduced-rate programs for people of modest means and a traditional referral service for helping someone locate the right attorney for his or her individual situation.

Another place offering help is Neighborhood Legal Services Association, a nonprofit organization that provides legal services to the poor in Allegheny, Beaver, Butler and Lawrence counties. Attorneys there help clients with a number of issues, such as mortgage foreclosures, landlord/tenant disputes and utility shut-offs. Other issues are related to unemployment, public benefits, bankruptcy and protection-from-abuse petitions.

According to Pamela Dalton-Arlotti, director of Program Performance and Compliance, NLSA has experienced a 10 percent increase in caseload. By mid-December, NLSA had handled a total of 12,705 cases throughout the four-county service area, and predictions indicated that the organization was likely to pick up even more cases before the end of the year.

Dalton-Arlotti explains that clients often are dealing with a ripple effect. If someone loses his or her job, then that person may fall behind on his or her mortgage or rent. Or if someone calls about a problem with debt collection, he or she is often behind on the mortgage or rent, utilities and more. Bankruptcies often arise because that may be the only way to prevent a foreclosure. "Usually there is more than one issue people are dealing with," says Dalton-Arlotti. But the need for some of the community's legal resources seems to be perennial.

At Uptown Legal Clinic, many of the problems created by the lagging economy are issues that clients there are wrestling with already, explains Deborah Kutzavitch, Esq., who organized the program in 2004 along with F.J. Lucchino, Esq. Nearly all clients at Uptown Legal Clinic, a once-a-month, all-volunteer service that operates out of Bethlehem Haven, are referred through a social-service agency. The program provides legal services to those who often experience family problems, abuse, dependency on drugs and alcohol or other issues that have led them to seek legal help. Caseworkers often refer people who are having housing or benefit problems, among other issues, to Uptown Legal Clinic.

"Most have long-term issues that have been going on for quite a while," Lucchino explains. Kutzavitch says she hasn't seen any increase in the need for services just yet at Uptown Legal Clinic, but realizes that there may be a lag time before the clinic sees the effects of war and recession. She sees the possibility for an increase in cases as more people, because of job loss and other issues, meet the program's income guidelines.

KidsVoice is another organization in the community that anticipates a possible increased need for services in light of the current economic climate. KidsVoice is a full-service children's advocacy organization on which the television series "The Guardian" was based. This organization advocates in court for the best interests of abused, abandoned and neglected children. "Unfortunately, there are always abused and neglected children in the community who need help," says executive director Scott M. Hollander, Esq.

Tough economic times bring more children into the child-welfare system, and the increase in foreclosures means that more are forced out on to the street and need representation. Another adverse result of the economic downturn is that when people lose their jobs, they sometimes slip into addictive behaviors out of frustration, and those types of behaviors may lead to neglect or abuse.

Hollander says that while this chain of events is being seen around the country, the Pittsburgh economy has not been hit as hard - yet. He says the organization has to be prepared to anticipate that need.

Another concern at KidsVoice is what will happen if the demand for services increases as funding to support the service's efforts decreases. The weakened economy means that foundations and individuals don't have as many funds to give, so there is likely to be a decrease in support. But other individuals, realizing the deficiency, have stepped up their support.

To help meet the needs of people in the community, the Allegheny County Bar Association and the Allegheny County Bar Foundation offer many services through the Pro Bono Center and other partners and member organizations. Many of the programs have strict income guidelines.

For those who do not qualify for help through the Pro Bono Center, either because of income or because of complexities in a case, the ACBA also offers a Modest Means program. This program is designed to help those who can afford to pay something for legal services, but not full, regular rates. The program, which provides referrals for those who fall within 200 percent of the 2008 Federal Poverty Guidelines before taxes, handles limited types of cases, including certain divorces, driving under the influence charges for first-time offenders, bankruptcy and simple or living wills. Participating attorneys are members of the ACBA and agree to a reduced hourly rate or a reduced flat fee.

The ACBA also operates a Lawyer Referral Service. Potential clients are asked about their needs and what they can afford. For a $30 referral fee, they are entitled to a consultation up to 30 minutes with the attorney to whom they are referred. There is no obligation to retain the attorney or for the attorney to take the case. Any further fees are set between the client and attorney. Through the Pro Bono Center, a list of program, partners and member organizations has been compiled to connect those in the community with the help they need.