National Legal Aid & Defender Association
Encyclopedia
The National Legal Aid & Defender Association (NLADA) is the oldest and largest national, nonprofit
membership organization devoted to advocating equal justice for all Americans
. Established in 1911, the NLADA champions effective legal assistance for people who cannot afford counsel, serves as a collective voice for both civil legal services and public defense services throughout the nation and provides a wide range of services and benefits to its individual and organizational members.
NLADA serves the legal aid
community in two ways:
and its Equal Protection Clause
provides Equal justice under law
. Beginning in the late 1800s and throughout the early years of the 20th century, the American legal profession expressed its commitment to the concept of free legal assistance for poor people in the form of legal aid
societies and bar association legal aid committees.
The first legal aid society, The German Society of New York, was founded in 1876 to protect German immigrants from exploitation. Subsequently, the agency's protection was extended to others and in 1890 it became the Legal Aid Society of New York. In 1888, the Ethical Culture Society of Chicago established by the Bureau of Justice was the first agency to offer legal assistance to individuals regardless of nationality, race or gender. Other municipalities followed suit, and in the first decades of the 20th century most major cities had opened legal aid societies.
In 1911, legal aid societies joined together to form the National Alliance of Legal Aid Societies. Arthur von Briesen of the Legal Aid Society of New York was the first president of the organization that became the National Legal Aid & Defender Association (NLADA) in 1949.
The concept of free legal assistance for the poor was promoted by the publication of Reginald Heber Smith's Justice and the Poor
in 1919. Smith challenged the legal profession to consider it an obligation to see that access to justice was available to all, without regard to ability to pay. "Without equal access to the law," he wrote, "the system not only robs the poor of their only protection, but places in the hands of their oppressors the most powerful and ruthless weapon ever invented.
As a result of Smith's book, the American Bar Association
created the Special Committee on Legal Aid Work. By the middle of the 20th century, virtually every major metropolitan area had some kind of legal aid program. However, the system established was not suffice in meeting the needs of the poor and in the early 1960s a new model for legal services programs emerged. This new model was based on the philosophy that legal services should be a component of an overall anti-poverty effort. The Ford Foundation
was one of the original supporters of this model.
Subsequently, in 1964 came the passage of the Economic Opportunity Act, which launched the war on poverty and mandated federal funds to be allocated for the first time to fund legal services to the poor. However, this law did not specifically provide for legal services and it took many years and attempts to finally devise a federal construct to support legal aid for the low-income community. After years of research and advocacy, the Legal Services Corporation
Act was enacted in 1974 by President Richard Nixon
. This program flourished and has evolved over the years to become the organization nationally recognized as the Legal Services Corporation.
Over the years legal aid has evolved into a comprehensive program that provides legal assistance to low-income people regardless of race, ethnicity or gender. NLADA is the only national membership organization devoted exclusively to ensuring high quality legal representation for individuals who cannot afford an attorney.
NLADA is the nation's leading advocate for front-line attorneys and other equal justice professionals ― those who make a difference in the lives of low-income clients and their families and communities. Representing legal aid and defender programs, as well as individual advocates, NLADA is proud to be the oldest and largest national, nonprofit membership association devoting 100 percent of its resources to serving the broad equal justice community.
NLADA serves the equal justice community in two major ways: providing first-rate products and services and as a leading national voice in public policy
and legislative debates on the many issues affecting the equal justice community. NLADA also serves as a resource for those seeking more information on equal justice in the United States.
Nonprofit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
membership organization devoted to advocating equal justice for all Americans
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Established in 1911, the NLADA champions effective legal assistance for people who cannot afford counsel, serves as a collective voice for both civil legal services and public defense services throughout the nation and provides a wide range of services and benefits to its individual and organizational members.
NLADA serves the legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
community in two ways:
- serves as the leading national voice in public policy and legislative debates on the many issues affecting the equal justice community; and
- provides first-rate training, products and services to members.
Membership
NLADA membership consists of two groups:- Organizations providing direct service and support in the areas of civil legal aid and public defense.
- Individuals within and outside the equal justice community.
History
The Fourteenth Amendment to the United States ConstitutionFourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and its Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
provides Equal justice under law
Equal justice under law
"Equal justice under law" is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. This phrase was apparently first written in 1915 by the architectural firm that designed the building...
. Beginning in the late 1800s and throughout the early years of the 20th century, the American legal profession expressed its commitment to the concept of free legal assistance for poor people in the form of legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
societies and bar association legal aid committees.
The first legal aid society, The German Society of New York, was founded in 1876 to protect German immigrants from exploitation. Subsequently, the agency's protection was extended to others and in 1890 it became the Legal Aid Society of New York. In 1888, the Ethical Culture Society of Chicago established by the Bureau of Justice was the first agency to offer legal assistance to individuals regardless of nationality, race or gender. Other municipalities followed suit, and in the first decades of the 20th century most major cities had opened legal aid societies.
In 1911, legal aid societies joined together to form the National Alliance of Legal Aid Societies. Arthur von Briesen of the Legal Aid Society of New York was the first president of the organization that became the National Legal Aid & Defender Association (NLADA) in 1949.
The concept of free legal assistance for the poor was promoted by the publication of Reginald Heber Smith's Justice and the Poor
Justice and the Poor
Justice and the Poor was an article on law and ethics first published in 1919, promoting the concept of free legal assistance for the poor. It was written by Reginald Heber Smith....
in 1919. Smith challenged the legal profession to consider it an obligation to see that access to justice was available to all, without regard to ability to pay. "Without equal access to the law," he wrote, "the system not only robs the poor of their only protection, but places in the hands of their oppressors the most powerful and ruthless weapon ever invented.
As a result of Smith's book, the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
created the Special Committee on Legal Aid Work. By the middle of the 20th century, virtually every major metropolitan area had some kind of legal aid program. However, the system established was not suffice in meeting the needs of the poor and in the early 1960s a new model for legal services programs emerged. This new model was based on the philosophy that legal services should be a component of an overall anti-poverty effort. The Ford Foundation
Ford Foundation
The Ford Foundation is a private foundation incorporated in Michigan and based in New York City created to fund programs that were chartered in 1936 by Edsel Ford and Henry Ford....
was one of the original supporters of this model.
Subsequently, in 1964 came the passage of the Economic Opportunity Act, which launched the war on poverty and mandated federal funds to be allocated for the first time to fund legal services to the poor. However, this law did not specifically provide for legal services and it took many years and attempts to finally devise a federal construct to support legal aid for the low-income community. After years of research and advocacy, the Legal Services Corporation
Legal Services Corporation
The Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
Act was enacted in 1974 by President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
. This program flourished and has evolved over the years to become the organization nationally recognized as the Legal Services Corporation.
Over the years legal aid has evolved into a comprehensive program that provides legal assistance to low-income people regardless of race, ethnicity or gender. NLADA is the only national membership organization devoted exclusively to ensuring high quality legal representation for individuals who cannot afford an attorney.
NLADA is the nation's leading advocate for front-line attorneys and other equal justice professionals ― those who make a difference in the lives of low-income clients and their families and communities. Representing legal aid and defender programs, as well as individual advocates, NLADA is proud to be the oldest and largest national, nonprofit membership association devoting 100 percent of its resources to serving the broad equal justice community.
NLADA serves the equal justice community in two major ways: providing first-rate products and services and as a leading national voice in public policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
and legislative debates on the many issues affecting the equal justice community. NLADA also serves as a resource for those seeking more information on equal justice in the United States.
Civil legal aid
- Civil legal aid refers to the free legal services provided by thousands of attorneys who work through local legal aid offices to help millions of low-income people gain access to justice.
- Civil legal aid helps low-income people resolve urgent, non-criminal legal problems that make a difference in their everyday lives, such as protecting the elderly from unlawful evictions, making sure women and children are protected from violence in their homes, and helping veterans receive the financial benefits they have earned and need.
Funding of civil legal aid
- Civil legal aid programs are state-based or community-based organizations funded in a variety of ways. Some receive grants from the United States CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
each year through the Legal Services CorporationLegal Services CorporationThe Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
(LSC). The LSC is a private, nonprofit organization established by Congress to ensure equal access to justice under the law by providing legal assistance in civil (non-criminal) matters to low-income individuals.
- Most federally funded civil legal aid programs also receive support from other sources, including individual donors, foundations, businesses, United Way contributions, state bar foundations and state and local governments.
- Many civil legal aid programs do not receive any federal funds and are completely reliant on private donations and state and local government funding.
- Many programs now rely on funds provided through Interest on lawyer trust accountsInterest on lawyer trust accountsInterest on Lawyer Trust Accounts is a method of raising money for charitable purposes, primarily the provision of civil legal services to indigent persons, through the use of interest earned on certain lawyer trust accounts...
(IOLTA). These accounts are funded through interest accrued on legal trust accounts, which consist of legal fees placed in escrow.
- Even IOLTA funds are not safe from legal aid opponents, who have argued that the accounts are not voluntary, opt-in programs for legal clients. They have used this argument as the basis of legal challenges to IOLTA. If these challenges are successful, millions of dollars in funding will be taken away from legal aid programs across the country.
Client group
- Clients of civil legal aid represent the diversity that is AmericaUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
— encompassing all races, ethnic groups and ages, ranging from veterans and family farmers to the urban low-wage workers and victims of natural disasters.
- Civil legal aid attorneys handle millions of cases each year, helping the more than 40 million people in this country living at or below the poverty level. Federal funds are used in approximately 1.5 million of these cases.
- More than two-thirds of civil legal aid clients are women, and most of them are mothers. Because of this, the legal problems of people living in poverty can have serious implications for children.
- In 1996, civil legal aid programs across the country handled more than 50,000 cases in which the primary issue was protection from domestic abuse and violence.
Need
- Despite relatively prosperous times, more than 35 million Americans are still living below the poverty level, and another 10 million have incomes that are less than 25 percent higher than that level. As a result, roughly one in five U.S. citizens is eligible for federally funded legal services.
- The need for legal services among the poor is overwhelming. According to a 1994 study conducted by the American Bar Association, at least 40 percent of low- and moderate-income households experience a legal problem each year.
- Most low- and moderate-income people feel shut out from the legal system. They do not turn to the courts for solutions because they believe the system will not help them.
- Civil legal aid ensures justice for all Americans, regardless of their income. Many people would otherwise not be able to afford access to the courts to resolve their legal troubles.
- The American Bar Association has estimated that despite serving 1.9 million clients in 1997, the collective civil legal aid effort is meeting only about 20 percent of the legal needs of low-income people.