Justice For All?

by Susan M. Erlichman, Esq.

“With liberty and justice for all” are familiar words that millions of Americans recite every day. “Equal Justice Under Law” is also inscribed on the U.S. Supreme Court building. A little less high-minded is, “If you have a phone, you have a lawyer,” a familiar refrain that reminds us the path to justice often requires the help of a professional. Indeed, it is very difficult to achieve equal justice in our society, a society governed by laws, without an attorney. Unfortunately, simply having a phone isn't enough for many in desperate need of legal counsel.

Most people know that if you can't afford to hire a lawyer, you have a right to one in criminal matters. Yet most aren't aware that we don't have a similar right to an attorney in civil cases (a right afforded in most other developed countries, including Canada and Great Britain). Consider this: An indigent defendant charged with domestic abuse has a right to appointed counsel, but the abused victim seeking a protective order to ensure her safety has no such right. To help balance the scales of justice, the Maryland General Assembly in 1982 created the Maryland Legal Services Corporation (MLSC) to help fund legal assistance in civil matters such as this—where help is desperately needed, but no legal mandate exists for the provision of legal aid.

Aid to Low-Income Persons

Currently 28 private, nonprofit organizations throughout Maryland receive funding from MLSC to provide legal aid to low-income people in a variety of civil legal matters. (About a million people in the state are eligible for free legal assistance—yet only about 25 percent of the need is being met with current resources.) These programs provide a wide range of services using many different methods of service delivery (depending on the client population, area of law, region and available resources) and are funded by MLSC, private foundations, state and local governments as well as other sources.

In addition, MLSC and Maryland's network of 28 legal service providers work in partnership with the Maryland judiciary, the Maryland State Bar Association, county and specialty bar associations, the state's law schools, and other agencies and advocates to best meet the civil legal needs of Maryland's poor.

In spite of funding uncertainties and tough working conditions (including a notoriously low pay scale for lawyers that lags far behind not only the private sector, but other public sector agencies such as public defender and attorney general offices), Maryland is blessed with a diverse network of providers staffed with talented and committed advocates. More than 100,000 people with no other place to turn with their legal problems received assistance last year. Many issues are solved with advice and information, while others required in-depth review, counseling and/or negotiations. Others required representation in court, while some were served through pro se (self-help) projects, and legal clinics and workshops. The ripple effect of that help means that more than 200,000 people, including client family members and others, directly benefited from civil legal aid services.

How It All Works

Who makes up this network of legal services providers? They include two statewide agencies: the Legal Aid Bureau (with more than 130 staff attorneys in 11 offices across the state) and the Maryland Volunteer Lawyers Service, a pro bono program that provides free assistance from a panel of more than 2500 volunteer attorneys. The system also includes local pro bono programs and specialty law agencies such as the Maryland Disability Law Center, the Community Law Center, the Public Justice Center, and the Women's Law Center. Other providers target specialty populations such as people with HIV and AIDS, children with special education issues, the homeless, immigrants, prisoners, day laborers, crime victims and nursing home residents. Click here for a complete list.

Who are the clients? They include the woman in Baltimore County who left her abuser husband and seeks a court order for protection; the father in Anne Arundel County who wants to see his children but is wrongly denied visitation; the Prince George's County mother of three facing homelessness because of an illegal eviction; the unemployed worker on the Eastern Shore who needs help appealing the denial of unemployment benefits; the elderly man in Baltimore City facing foreclosure on his home, his only asset, because he was scammed by a fraudulent home improvement contractor.

The need is great but the resources are scarce. Grants from MLSC, private foundations and contributions from the private bar help make up the funding puzzle for these programs. Charitable contributions from the public are critical to help us move closer to the day when “equal justice for all” is a reality for all Marylanders.

Consider supporting a legal service organization when making your charitable contributions this year. You will help ensure that everyone in Maryland, regardless of their economic status, has the opportunity to partake in “justice for all.”

Susan M. Erlichman is Executive Director of the Maryland Legal Services Corporation.