By Mary E. McClymont, Public Welfare Foundation 

Imagine a mother and her children who are victims of domestic abuse. A homeowner facing foreclosure at the hands of a fraudulent lender. A low-wage worker without proper benefits or contracts. Each one needs a lawyer, but none can afford one.

You might think someone will say, as you’ve seen on countless television shows, “If you can’t afford a lawyer, one will be provided for you.” But this is not the case. The guarantee of legal help only applies to people charged with serious crimes, not to people fighting civil injustices, such as unlawful evictions, denial of benefits, or other core matters of safety and security.

After years working on access to justice for low-income people, first at the Ford Foundation and now as president of the Public Welfare Foundation, I am convinced that philanthropy should pay greater attention to the potential of civil legal aid.

Three things are happening currently in the field of civil legal aid that demand attention and offer tremendous opportunity:

• Because of challenging economic times, more people are poor and without resources for legal help to meet their basic needs. State and national studies estimate that 80% of serious legal needs of low-income people go unmet due to grossly insufficient funding and support for civil legal aid. 

• Funding that sustained legal aid work for decades is in a state of crisis. 

• Legal aid groups—problem solvers by nature—are extending their reach by creating new and innovative programs that are reshaping the field with the potential to help more people. And there is unprecedented energy from newly engaged allies in all corners, leading to new partnerships and greater impact. 

Why should philanthropists care? 

Civil legal aid is an often overlooked partner in philanthropic efforts to improve economic, social, and health conditions for low-income families and communities. It’s the indispensable underpinning for much of the work funders already support, a complementary strategy that can increase the impact of a funder’s efforts. 

A recent publication from the Public Welfare Foundation and the Kresge Foundation, called Natural Allies: Philanthropy and Civil Legal Aid, shows why investing in civil legal aid can be an effective and powerful strategy.

For funders, civil legal aid can serve as a significant tool in their toolbox, similar to community organizing, advocacy, or research. It adds value to their grantmaking programs, such as affordable housing, access to health care, education reform, economic development, income security, domestic violence, or children and families.

For funders concerned about creating broader impact or ensuring that policies are implemented and sustained, legal aid lawyers are likewise terrific partners. These lawyers see the problems low-income people face every day, and they use that knowledge to build broader advocacy strategies in a variety of social policy areas in which funders are engaged.

And for funders looking to leverage dollars, private funding of innovative legal aid projects often complements state and federal funding through public–private partnerships.

Here are just some examples of the impact of civil legal aid: By preventing eviction and foreclosure, legal aid offices saved an estimated $116 million in shelter costs in 2009-2010 in New York alone. In Ohio in 2010, legal aid saved almost 1,000 homes from foreclosure. When lawyers at Legal Aid Justice Center in Virginia saw patterns of problems in nursing homes, they didn’t just organize family members to advocate for better patient care, they also organized nursing home staff who advocated for better working conditions. When Superstorm Sandy hit the East Coast in 2012, New Jersey and New York legal aid groups were on the ground within hours—enlisting volunteer lawyers, dispatching mobile aid centers, and publishing guides for storm victims on how to get help with housing, utilities, and public benefits. They were joined by legal aid workers from Louisiana and Mississippi who brought lessons from Hurricane Katrina.

And there are many examples just like these. By embracing this powerful tool and incorporating it into existing priority areas, funders have an opportunity to help tackle barriers to equal justice and enhance their grantmaking programs. It’s a win-win approach.

Whether you are a national or community-based funder, whatever the program issue, and whether your focus is on services or policy, I encourage you to talk with your local legal aid lawyers about legal aid programs that match your funding priorities. Invite current grantees to investigate collaborations with legal advocates. Or provide general support for legal aid groups that serve your communities.

Learn more about legal aid and areas of need by visiting these authoritative websites:

American Bar Association, Standing Committee on Legal Aid
Legal Services Corporation
National Center for State Courts, Center on Court Access to Justice for All
National Legal Aid and Defender Association, Division of Civil Legal Resources
Public Welfare Foundation’s Civil Legal Aid Initiative