Applegate, Amy

Fennell, Monica A.

English

Indiana University Bloomington Maurer School of Law

Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2009 Indiana's Latest Study of the Legal Needs of the Poor Amy Applegate Indiana University Maurer School of Law, aga@indiana.edu Monica A. Fennell Indiana Pro Bono Commission Follow this and additional works at: https://www.repository.law.indiana.edu/facpub  Part of the Law and Society Commons, and the Legal Profession Commons Recommended Citation Applegate, Amy and Fennell, Monica A., "Indiana's Latest Study of the Legal Needs of the Poor" (2009). Articles by Maurer Faculty. 2750. https://www.repository.law.indiana.edu/facpub/2750 This Response or Comment is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact rvaughan@indiana.edu. By Monica A. Fennell and Amy G. ApplegateIndiana's latest study of the legal needs of the poorZUExecutIndiarIndiarMFen,Cliniof Law aViola J. TaliaferChildren MedIndianMaurer ScBloomaga(employment. From 1999 to 2008 the state's low-income population increased by 35 percent whileIndiana's population overall grew by 6.8 percent f1999 to 2007.omhe number of low-income Hoosiers facingcivil legal problems without legal assistanceis large and growing. This need was extensivelydocumented in "Unequal Access to Justice: A Compre-hensive Study of the Civil Legal Needs of the Poor inIndiana," a recent study inserted in the July/Augustissue of Res Gestae. At times of crisis, especially in thiseconomy, legal representation and even brief legaladvice can make a big difference. Despite the bestefforts of those in the legal aid and pro bono communi-ty and despite the progress that has been made, thereis still a large gap between the need of low-incomeHoosiers and available legal assistance. On average,62 percent of those who sought legal representationfrom the pro bono districts were unable to obtain it,and 75 percent of those who applied for assistancefrom Indiana Legal Services were unable to obtain it.The insufficient number of pro bono and public serviceattorneys representing the poor in comparison tothe need for legal assistance was a consistent themethroughout the responses to the various surveys,questionnaires and focus groups making up the study.Indeed, the study reported that in Indiana the ratioof attorneys to potential clients is approximately oneattorney per 688 potential paying clients, in contrastto one attorney per 8,850 potential clients who earnless than 125 percent of the federal poverty level andone attorney per 16,100 potential clients who earn lessthan 200 percent of the federal poverty level.Other states have conducted studies of the legalneeds of the poor and have reached similar conclusionsabout the "justice gap" between those who can andthose who cannot pay for legal representation. Recentstate studies have shown that the number of legal prob-tive Director lems per household is anywhere fromna Pro Bono 1.1 in Vermont to 3.5 in Montana.Commission The Indiana study, as with other studies,napolis, Ind. found that the greatest needs were innell@inbf.org the areas of consumer finance, family law,cal Professor housing, public entitlements and health.nd Director A comparison of the 2008 data from low-ro Family & income Hoosiers with data collected byiation Clinic Indiana Legal Services in 1999 showeda University significant increases in reported problemshool of Law relating to utilities, housing, consumerington, Ind. finance, Medicare, food stamps andSindiona.edu46 RES GESTE ° SEPTEMBER 2009As a result of the information obtained throughthe legal needs of the poor study, the study sponsorsrecommended that Indiana undertake a strategic plan-ning process, considering the information and dataobtained in the study, to develop a comprehensive setof detailed recommendations and statewide plan ofaction to better meet the needs of the poor. In connec-tion with the strategic planning process, the studysponsors further recommended the creation of astatewide Access to Justice Commission whose mem-bership would include representatives from the variousstakeholders involved directly and indirectly in thedelivery of legal services to the poor. The study spon-sors suggested that this commission should be chargedwith evaluating, planning, coordinating and improvingstatewide efforts to meet the civil legal needs of thepoor.Indiana's four-phase study was conducted in 2007and 2008 by its sponsors, the Indiana Bar Foundation,Indiana Legal Services and the Indiana State BarAssociation's Pro Bono Committee. The study consist-ed of a telephone survey of low-income Hoosiers aswell as questionnaires to attorneys, judges, clerks ofcourt, pro bono plan administrators, legal serviceproviders, employees of social service and governmentagencies serving the poor, and Indiana Legal Servicesemployees, clients, potential clients and board mem-bers. The study sponsors also conducted focus groups,priority-setting meetings and a Conclave on theDelivery of Pro Bono Services in Indiana. The fullIndiana legal needs study can be found on sponsorWeb sites, www.indianajustice.org, www.inbf.organd www.inbar.org.The authors acknowledge the tireless effortsof legal needs study committee members NormanMetzger and Victoria Deak with Indiana Legal Services,Larry Champion with Stewart & Irwin, Charles Dunlapwith the Indiana Bar Foundation, and Prof. Applegate'sco-chair of the State Bar's Pro Bono Committee,Catherine Meeker with Baker & Daniels. Additionalacknowledgements are on page 3 of the full study. A

Indiana\u27s Latest Study of the Legal Needs of the Poor

https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=3750&amp;context=facpub

Indiana\u27s Latest Study of the Legal Needs of the Poor

Abstract

Similar works

Full text

Available Versions

Indiana University Bloomington Maurer School of Law