Your Essential Guide to Legal Aid in Washtenaw County

Legal Aid and Washtenaw County Explained

Legal aid refers to the provision of legal services for people who are unable to afford a lawyer. In Washtenaw County, legal services are provided for all residents and those in need through Legal Services of South Central Michigan, Michigan Poverty Law Program, the Washtenaw County Trial Court, the Office of Public Defender and Washtenaw County Legal Assistance and Guardianship Clinic.
Legal Services of South Central Michigan provides legal advice, brief service and/or full legal representation to low-income individuals in the areas of family law, housing, consumer law and tax . The Michigan Poverty Law Program does all the same for lower-income individuals in areas of housing, consumer rights and general assistance. The Trial Court provides mediation and legal advice in the area of child support. The Office of the Public Defender provides legal representation to indigent defendants in the areas of criminal, juvenile and abuse/neglect law. The WCLAGC provides pro bono legal advice pertaining to estate planning, family law, criminal law, landlord/tenant law and expungement.

Services Offered by Legal Aid

A range of legal services is available to those in need in Washtenaw County through the various legal aid organizations. Those services include pro bono legal assistance for low-income persons in family law and divorce cases, domestic violence, bankruptcy, labor cases, unemployment benefits, charitable and religious organization legal advice, and juvenile delinquency and neglect proceedings.
Legal Services of South-Central Michigan provides pro bono representation for several low-income residents across the region. In Washtenaw County, LSSCM has two specialized pro bono programs: Family Law and Public Benefits (Medicaid/Michigan Works). LSSCM also provides "Lawyer Referral Services," which connects individuals needing legal help with participating attorneys who accept reduced-fee or pro bono cases.
The Michigan Poverty Law Program (MPLP) works with nonprofit, volunteer, and pro bono programs in Washtenaw County and Michigan to provide a broad range of legal aid services. These services include support in public benefits, health care, unemployment, wage theft, MSHDA services, children’s legal services, foreclosure, tax foreclosure, and other civil issues. MLPP also coordinates a Pro Bono Mentor Project that connects experienced volunteer attorneys with those new to pro bono representation.
The Student Advocacy Clinic provides a unique clinical opportunity for Michigan Law students to offer legal assistance to low-income clients. The Clinic collaborates with the Genesis House, a nonprofit domestic violence safe shelter located in Ypsilanti, Michigan. Although on-site at the House, the Clinic program is not affiliated with Genesis House. The Clinic offers limited-scope, pro bono legal representation for domestic violence survivors who are residents or former residents of Genesis House complex.

Who Qualifies for Legal Aid?

Most legal aid organizations, including those in Washtenaw County, adhere to some fundamental eligibility criteria to determine whether a person is qualified to receive their assistance. While the specific requirements may vary slightly from one organization to another, generally, you must pass certain income levels to be eligible for aid. Also, most legal aid providers prefer to help those with fewer resources than is necessary to hire a private attorney.
While income limitations may vary, organizations typically do not offer services to individuals whose annual household income is above 150 percent of the Department of Health and Human Services poverty guidelines. This translates to $18,735 for one person or $38,315 for a family of four in Washtenaw County as of 2018. Figures are adjusted annually to account for inflation, and you can find the latest information on the DHHS website.
While income is the main factor that influences eligibility for legal aid, some organizations have additional requirements. For example, many legal aid organizations provide help only for specific legal matters. Legal Aid of Western Michigan, for instance, helps with family law issues, housing disputes, juvenile justice and public benefits. To see what cases a particular legal aid organization will handle, contact it directly.
In addition, legal aid organizations typically require recipients of its services to reside within the region that it services. Legal Aid of Western Michigan, for example, serves residents of Clinton, Eaton, Genesee, Ingham, Jackson, Kent, Mason, Muskegon, Newaygo, Oceana, Ionia and Montcalm counties. Legal aid providers may also limit their assistance to clients who do not have a conflict of interest with any of its staff lawyers.

How to Obtain Legal Aid

To determine your eligibility for legal aid in Washtenaw County, familiarize yourself with the specific criteria set by the organization to which you are applying. The process of evaluating your needs and determining eligibility varies from one organization to another, but in general, they offer a straightforward step-by-step process.
Legal Aid of Washtenaw County (LAW) recommends individuals begin the process by completing their online assessment tool. You will need to answer questions about your household income, the number of members in your household, and the type of legal issue you are experiencing. Completing this step on your computer or smartphone takes less than 10 minutes, according to LAW. The process is simple enough that it can even be done with help from a family member.
Once you complete the online assessment, LAW will contact you, explain the next steps and give you information about submitting a full legal aid application. You do not need to submit supporting documents with your online assessment. After you apply for legal aid, you will need to provide documentation to verify your income and identification. LAW will instruct you on how to confirm your identity when you speak to an intake counselor on the phone.
Legal Services of South Central Michigan (LSSCM) has a similar process for determining eligibility. Simply call the organization at 888-783-8190, or use its online chat. The chat option is available during normal business hours. LSSCM will ask you specific questions to determine your eligibility for legal aid, including some questions about your financial situation. LSSCM says you may need to complete a full application online after the initial phone or chat assessment. However, before you can access the online application, LSSCM requires you to complete a phone interview.
If you live in Washtenaw County and require legal aid to resolve a family-related legal matter, you may also be eligible for assistance from the University of Michigan Law School’s Family Law Clinic. To apply for services from the clinic, call 734-647-2188. Staff members will collect basic contact information and then schedule a meeting between the WCL student staff and a family law clinic faculty member. Before the meeting, the clinic staff will ask you to gather basic information about your family situation. The WCL staff person will review all the materials in advance of your appointment so he or she can provide the best possible assistance. You must be a Washtenaw County resident to access legal aid through the WLC’s Family Law Clinic.
Keep in mind that it is almost always necessary to complete a full written application before receiving legal aid. Be sure to follow any instructions provided by the organization. Individuals who receive a recommendation for legal aid may be called for additional questions about their legal situation. Information about the specific legal aid application process should be directly obtained from the organization that provides the support.

Benefits of Legal Aid Services

The difference legal aid services make in the lives of individuals and the community is immeasurable. From helping low-income residents avoid wrongful eviction to aiding in the protection of a victim of domestic violence, legal aid programs are an essential resource for many people. Statistics gathered by Legal Services Corporation (LSC), an independent nonprofit corporation established by Congress in 1974 to ensure equal access to justice, show just how impactful legal aid services can be. In 2019 alone, LSC-funded legal aid programs served over 1.8 million people through 823,000 cases, providing legal assistance to low-income individuals and families from around the country. In Michigan, 15,234 individuals benefitted from legal aid services provided through LSC funding, making it possible for 93% of clients in LSC-funded programs to resolve their legal matters. More than 80% of low-income Americans who seek legal assistance face serious problems without benefits or services they need to achieve stability. Legal aid services help eliminate social inequalities, like lack of access to medical care, safe housing and financial security , by addressing underlying legal issues that contribute to these problems.
Community Impact The impact of distributing resources such as housing, healthcare and food more evenly in low-income communities is invaluable to the future of the community. Greater access to benefits essentials for a high quality of life directly contributes to the long-term success of the community as a whole, not just the individuals who receive help. The success stories of individuals who have received legal aid services have a lasting impact on the community they belong to. For example, one of the many success stories highlighted on the Legal Services Corporation Website, Escobar vs. Meseck, illustrates just how impactful someone receiving legal aid services can be. When a young man was mistakenly arrested for being a known gang member, legal aid lawyers took his case, helped him overcome false accusations, and ultimately prevent an innocent man from being wrongfully imprisoned. After being declared factually innocent, Mr. Meseck went on to serve nearly 13 years in both the Michigan State Legislature and the United States House of Representatives. It is stories such as this that remind us of the direct impact legal aid services has on those who seek them out—and the community at large.

Assistance to Legal Aid Organizations and Lawyers

Legal aid services in Washtenaw County are backed by several layers of support, both public and private. As with most legal aid organizations throughout the United States, the federal government provides a significant amount of funding for the services. The Legal Services Corporation (LSC) is a nonprofit established by Congress in 1974. With funding from Congress as well as private donations, LSC grants money to legal aid programs nationwide.
In Washtenaw County, the Community Economic Development (CED) program first received LSC funding in 1996. CED focuses on issues pertaining to economic justice, including homeownership, foreclosure, debt relief, fair lending and asset building. Though LSC funding accounts for a portion of CED’s funding, the program has also received grants from the Michigan Housing Development Authority, local lenders and individual donors.
CSJ is another program organized under the nonprofit Legal Services of South Central Michigan. It combats poverty through a variety of means, including fair housing, domestic violence, child welfare and consumer protection. CSJ receives a portion of its grant funding from LSC and the Michigan State Bar Foundation.
LSSCM as a whole also receives funding from the United Way of Washtenaw County. Every year, individual citizens in Washtenaw County make donations to the United Way, which then allocates these funds to nonprofit organizations in the county, including LSSCM.
Married tax filers in Washtenaw County can choose to donate a portion of any state income tax refund to the Legal Services Support Fund. Monies for this fund are distributed to LSSCM and Legal Aid for Cherokee County.

Difficulties Experienced by Legal Aid Providers

Despite these problems, Washtenaw County is still relatively fortunate. Henry Baskin, a retired Detroit attorney and former president of the State Bar of Michigan, estimates that only 20 percent of persons who need legal aid are getting it. He points to the unmet need as a major problem in providing legal aid services in Michigan. "If we could just reduce the percentage of unmet needs to say, 10 percent, the social fabric would be improved immeasurably," Baskin said. But there are major obstacles to meeting the widespread need for legal services. Organizations like the Legal Services of South Central Michigan in Michigan struggle with their limited resources. Despite being able to provide some services to people under 125 percent of the federal poverty level, these organizations are unable to meet the increased demand for services brought on by the recession. Since January, LSSCM’s revenue has dropped 25 percent, primarily due to the downturn in the economy. Five attorneys have been laid off, leaving 11 staff attorneys and one paralegal to assist more than 1,000 new clients each month. In 2008, LSCSM handled over 7,000 new cases, which is a 40 percent increase from the previous year. "We’ve cut costs drastically and we’ve got a loyal, dedicated staff; so we’re making it through," said LSCSM Executive Director Roger McClelland. "We have two parts of the state budget that we’re funded from, civil legal aid and domestic violence . Although state cuts have hurt us some, we have other funding sources that have helped us maintain, at least for this year, to maintain our funding level." The majority of LSCSM’s funding comes from the Legal Services Corporation, which is a nonprofit corporation created by Congress to fund local legal aid organizations like LSCSM. The LSC has seen its budget decrease from $415 million in 2007 to $330 million in 2009, passing along 80 percent of those cuts to local legal aid programs across the country. "The LSC cut has hurt us," McClelland said. Drastically declining funding has forced LSCSM to drop cases referring to civil cases involving mortgages, evictions and foreclosures. This has caused a domino effect on resources providing legal aid in Washtenaw County. The Legal Aid and Defender Association of Detroit, which handles cases for clients in Detroit, Wayne, Macomb, Livingston and Genessee and parts of Oakland counties, saw more than 2,400 new cases in 2008. The average number of cases each of their staff attorneys handled last year was 143. "We were approaching greater than 100 cases per attorney before this cut, but now we’re down to about 75 cases per attorney per year," said Hannah Brighton, an senior attorney and spokesperson for the Legal Aid and Defender Association. "That’s not enough to keep work for attorneys, which means that ultimately we’re losing attorneys." Until more permanent funding can be secured, Washtenaw County legal aid organizations must rely on grants or targeted funding to remain viable.