What is Legal Aid?
Legal aid services are a critical component of the American legal system, providing low-cost legal support for people who would otherwise be unable to access the courts. But just what legal aid services are available in Binghamton, and what do they do? Legal aid is a broad term that can refer to any type of aid given to assist someone in a legal matter. For example, some people mistakenly think that legal aid refers only to legal representation in criminal cases. In truth, legal aid can extend to those facing foreclosure, child custody proceedings, and more. No matter the legal issue, legal aid services come free (or at a discounted rate) and are given by attorneys in a practice area of law that would help their legal aid clients get the legal support they need in court. When it comes to legal aid services in Binghamton, they become particularly potent when combined with other forms of legal assistance. For instance, a legal aid clinic can offer legal support through a donation of time from different attorneys. In fact, most legal aid clinics offer pro bono services from experienced attorneys to round out their services. Remember , though, that there is a difference between legal aid and pro bono legal work. While legal aid generally covers legal support that is provided free of charge, pro bono legal work can sometimes be offered at a discount. Likewise, some legal aid clinics handle all aspects of the legal process, while others may limit their services to specific areas of the law. Again, there are many forms of legal aid services offered in and around the Binghamton area. In general, legal aid services are designed to provide low-income individuals of a certain geographic area (in this case, the Binghamton area) with affordable, low barrier legal resources. Individuals who are interested in legal aid services in Binghamton may visit a legal aid clinic to request legal aid services. Depending on the structure of the particular legal aid clinic, the client may receive legal aid from a licensed attorney or may instead be offered a pro bono attorney. Legal aid services are critical for many people seeking legal support and representation and are designed to address the financial realities that many low-income individuals face when seeking legal representation.
Eligibility Criteria for Legal Aid
Eligibility for legal aid services in Binghamton is generally determined by the income level of the applicant. Individuals and families may qualify for legal aid if their income falls at or below 125 percent of the federal poverty level.
Department of Justice guidelines for eligibility for legal aid require that an individual’s household income be under 125 percent of the federal poverty level. The latest edition of 125 percent of poverty guidelines was published Jan. 22, 2016. For a family of one, the poverty guideline is an income of $11,880. For a family of eight, the poverty guideline income is $6,470. These numbers are adjusted each year, so clients are encouraged to check the most recent guidelines before applying for legal aid.
Applications for legal aid services are generally reviewed within five working days. Clients should have income and multiple pay statements on hand to complete the application for legal aid. Once that information is reviewed, eligibility will be determined.
Legal aid services through the Broome County Bar Association are generally offered in two areas of practice: family law and housing law. Family law covers matters involving the Family Court, and housing law covers residential landlord-tenant matters. The Department of Justice guidelines do not permit legal aid money to be used for any other type of civil action.
Civil Legal Aid at No Cost
In addition to criminal law cases, the Binghamton, New York legal aid office also provides free legal help for civil cases. A civil case is one that usually doesn’t involve crimes or criminal charges. For instance, the civil areas of law include family law, housing (such as landlord-tenant cases), employment, bankruptcy, foreclosure, and many others. Free legal services through the Southern Tier Volunteer Lawyers Program are open to low-income residents or people who would otherwise not be able to afford a private attorney. If you think that you would qualify for this free legal service in Broome County, visit the website for more information on how to get help.
To get free civil legal assistance, go to Broome County Family Court, the Legal Aid Society of Broome County, or the Volunteer Lawyers Program on Tuesday afternoons from 1 – 4:30 p.m. On Wednesday, these legal services are available from 10 a.m. – 2 p.m. Venues rotate each Wednesday so that there is a different location to get free legal aid each week, and it will always be between 10 a.m. and 2 p.m. There are no requirements for attendance at these locations and all procedures are on a first-come, first-serve basis.
Do you live in Chenango County? You’re also eligible for free legal assistance through the Broome County services under a special agreement. For instance, if you need guidance for family law issues such as divorce, custody, and guardianship and you live in Chenango County, visit the Legal Aid office at 90 Court St in Norwich on Thursdays from 2:30 to 5:30 p.m. There is no current fee involved and you do not need an appointment. As is true for all legal aid free civil legal matter services, attendance at the legal aid office is on a first-come, first-serve basis. Family Court Legal Programs are also available to people living in nearby counties, including Delaware, Tioga, Tompkins, and Schuyler.
Criminal Defense Legal Aid
Legal aid is an invaluable tool for defendants facing criminal charges in Binghamton. These services are available to all defendants and provide various types of support to help defendants uphold their legal rights, no matter what financial situation they find themselves in.
Any defendant facing criminal charges in Binghamton who cannot afford to hire private counsel has the option to apply for a public defender. Public defenders are fully qualified lawyers who work for the government, defending those who are accused of a crime but unable to pay for legal representation. Public defenders are usually assigned to defendants after a means test has been performed to establish they cannot bear the financial burden of hiring a private attorney.
While a public defender is available as a public service, it is important to note their caseloads are often quite extensive. The sheer number of cases they handle can result in less time spent with your case than you would likely receive with a private attorney.
Individuals facing criminal charges should seek out legal aid even when it might seem difficult to do so. Defendants in Binghamton have a wealth of resources available to them, and with the help of their legal aid representative, they may find a solution to their situation that minimizes or eliminates the legal ramifications they may face.
Locations of Legal Aid Offices
There are a number of legal aid offices within the Binghamton area that are available to residents in the region. It’s important to know the locations of these offices, as well as how to contact them and whether or not you need to schedule an appointment. The following is a glossary of useful information with relation to where to find legal aid services in the Binghamton area:
Broome County Bar Association
219 State St.
Binghamton, NY 13901
1-607-772-8787
Open Monday through Friday, 9 a.m. to 5 p.m.
Southern Tier Legal Services
45 Hawley St. 5th Floor
Binghamton, NY 13902
1-607-772-2176
Open Monday through Thursday, 8:30 a.m. to 5 p.m.; and Friday, 8:30 to 11 a.m.
Legal Aid Society of Mid New York, Inc.
25 Main St.
Binghamton , NY 13905
1-607-231-5950
Open Monday through Friday, 9 a.m. to 5 p.m.
Citizens Action
24 E. Main St.
Binghamton, NY 13905
1-607-772-8981
Open Monday through Friday, 9:30 a.m. to 5:30 p.m.
Walk-ins for legal assistance 9:30 a.m. to 3:30 p.m.
Broome County Department of Social Services
36-42 Main St.
Binghamton, NY 13905
1-607-778-1100
Open Monday through Friday, 9 a.m. to 5 p.m.
Community Options Inc.
1100 E. Main St.
Endicott, NY 13760
1-607-239-4280
Open Monday through Friday, 8 a.m. to 4:30 p.m.
Legal Aid Society of Mid New York Workers Rights Unit
Distribution Center Plaza
307 Main St., Suite 103
Johnson City, NY 13790
1-607-729-5163
Open Monday through Friday, 9 a.m. to 5 p.m.
Pro Bono Volunteer Attorneys in Binghamton
Volunteers play a significant role in the provision of legal aid services in Binghamton. Legal Aid services in Binghamton relies on volunteers to help deliver legal services to those in need. Volunteers come from all walks of life; some recent law school graduates needing experience and some retired judges with decades of experience. Volunteers are assigned to cases in litigation or non-litigation settings. The senior attorneys volunteering with legal aid of western New York provide mentorship to new volunteers to ensure a well-rounded experience. Oftentimes, experienced attorneys take on more challenging cases and provide guidance to new attorneys seeking to sharpen their skills at practicing law. Novice attorneys get valuable real life appellate and trial experience, helping them become competent lawyers early on in their careers. Senior attorneys volunteering with legal aid get an opportunity to pay it forward by helping mentor novice lawyers working for a good cause. Volunteers also have the opportunity to meet with clients during brief intake interviews and assist in the preparation of motions and applications for non-litigated programs.
Legal Aid Client Success Stories
Every year, thousands of individuals and families in Binghamton seek the help of legal aid attorneys to navigate complex legal challenges. Thanks to the hard work of dedicated staff and volunteer lawyers, many have successfully found resolutions that dramatically improved their lives. In this section, we’ll look at a few of the success stories made possible by legal aid in Binghamton.
"With two kids and a full-time job, I never thought I would find the time to deal with my collections cases. I didn’t know what I was going to do, until a friend told me about the legal aid clinic off Main Street. They were able to get me through every single case for a low fee. Without their help, I would have lost my paycheck to garnishments taking nearly 30 percent of my income for months! Instead of worrying every time the phone rings, I can focus on the important things, like my kids!"
"The people at the legal aid clinic are incredible. I went to them after receiving a custodial interference charge. The child’s mother had filed frivolous charges against me, which I knew were untrue. When I showed up at the clinic, they already had a ton of resources prepared for me. They guided me through every step of the process, from the filing to the trial. I never once felt alone, and I’m amazed by the outcome. My kids are safe and sound, and it’s all thanks to the volunteers at the clinic."
"I never went to court before I got divorced. My ex-wife hired the most expensive attorney in town to haggle things out, and I knew I needed representation, but I couldn’t afford the fees. Thankfully, I heard about legal aid through a friend, and within a short time I was matched with an experienced attorney who worked with me throughout the whole process. Not only did my lawyer help me get a fair settlement, but they also educated me on how the legal process works. I can’t thank the volunteers at the clinic enough. They really care about people and you can tell."
Whether you need legal advice, representation, or assistance with a form, legal aid in Binghamton provides invaluable services to residents of the area. With a long history of successfully helping those in need, the clinic is an essential part of the community. If you have any legal concerns, we advise you to contact the organization directly to see if you qualify for support.
Legal Aid Program Challenges
Just as for clients they seek to serve, Legal Aid programs face a variety of challenges. While most legal aid organizations are supported by grants awarded or funds raised throughout the year, those sources are not always sufficient to meet the demand for services. In a March 2015 article, Doris Mills of the Bangor Daily News reported that The Maine Volunteer Lawyers Project and Pine Tree Legal Assistance had reached a critical failure point in serving the legal needs of the poorest Mainers. In May of 2014, Maine voters had decided to cut funding for the Office of Public Advocate. A month later, the Governor recommended the Department of Health and Human Services short-change legal aid programs by $1 million. A snowstorm in February 2015 then closed courts statewide. By the time Mills published her article, many people who were eligible for legal advice and representation could not obtain assistance from any legal aid provider. Jack Ruble, the executive director of the Maine State Bar Association and its Assisted Person Task Force, stated, "It is a crisis and emergency is the only word I can use to describe it." In response to the state of affairs in Maine, legislators attempted to pass a bill to allow individuals with incomes above 125 percent of the federal poverty level — approximately $15,650 for a single person — to participate in legal aid programs. Though the bill failed to pass, legal aid advocates are expected to continue to work on legislation allowing a greater number of low-income residents to receive assistance (Ruble’s task force is exploring the idea of pro bono mediation, too) and for other means of obtaining funds for legal aid programs, recognizing the continued problem in attracting the necessary resources as government funding decreases. The not-for-profit X-Change Legal is facing similar challenges. Once the third-largest law firm staffing its Temporary Attorney division with 500 temporary staff attorneys (at its height of staffing) in 2007, X-Change Legal is now only able to offer employment to 50 staff attorneys due to the decrease in document review jobs following the economic downturn . In an interview with American Lawyer, X-Change Legal founder Melissa Coates noted that there are many highly qualified attorneys vying for fewer and fewer jobs: "The job situation has gotten so much worse. People have less job options, but they are still entering work thinking: ‘I can make a lot of money, but [they find], wow, there’s only one job for every eight people [on the market].’" The competitive nature of the field coupled with an increase in the number of applicants has saddled the company with a high employee turnover rate as newer hires jump at the opportunity for a greater salary, while longer-term employees leave due to small pay increases and a lack of other major benefits. Instead of laying off employees, X-Change Legal terminated its employment arrangements with more than 200 contract attorneys in order to relieve pressure on their payroll budget and now has approximately 20 permanent staff attorneys. While general counsel, legal staffing providers, and legal placement companies all acknowledge that there are various reasons for the downward trend associated with document review jobs, including a large volume of errors seen in the last few years, they all recognize a need for professional development initiatives and training in order to sharpen the skill sets of contract attorneys, furthering their marketability (and reducing costs associated with high turnover rates) in the face of increasing competition for a lack of jobs. Even as the availability of grant funding waxes and wanes, the demand for legal aid services is increasing. In a statement made before the Senate Appropriations Subcommittee on Commerce, Justice, and Science, Legal Services Corporation Chairman John A. Levi explained that, from 2010 to 2013, the number of persons who qualified for assistance from LSC-funded organizations increased by nine percent. Furthermore, the population served — the average number of people who actually went to LSC-funded programs for assistance — increased 16 percent, from 655,000 to 763,000 persons. Despite a modest budget increase in 2013, Congressman Jose E. Serrano, Ranking Member of the Subcommittee on Commerce, Justice, Science, and Related Agencies, reported that LSC will be unable to meet client needs based on state budget cuts in legal services funding.
