An Overview of Legal Aid
Legal aid is meant to provide assistance to those who cannot afford legal representation or the cost of legal advice. Legal aid will cover the cost of your case whether this is a criminal or civil matter as long as you either qualify (financially) for legal aid or the case falls into their list of legal aid matters. Legal aid can cover a legal advisor, solicitor or barrister to represent you, or even help with the costs of some court fees.
The purpose of legal aid is to ensure that whether you have a substantial income or not, you have access to justice. If you face a court case and do not have a considerable income, you may struggle to get the help you need as legal representation can be costly. This is where legal aid can step in.
Before applying for legal aid you must read the current eligibility criterion to see if you qualify. You can only apply for legal aid if you face a civil court matter such as medical negligence, education law, criminal injury compensation, asylum, custody, domestic violence and a variety of other matters. You can apply for legal aid for criminal cases however this is a very different process which we will cover later on .
You do not need any proof of eligibility for a family matter but for everything else you need to demonstrate that your income is below £21,000. You may also need to prove that the matter is urgent if it falls under an exception – for example if you need an emergency injunction or are being evicted from your home. It is also important to note that legal aid does not cover all matters – only 10% of civil cases.
You can apply for legal aid online through the government’s legal aid checker, and it will provide you with 2 different options. Your eligibility relies on three principle factors; legal merits, financial criteria and reasonable preference.
It is important to note that even if your income is above £21,000, this does not mean that the legal aid is denied. The fact that you do not qualify for financial eligibility means that you would have to pay the costs of your legal representation if you decided to proceed with a claim. A civil claim will not be free cost-wise at this point however, should you win your case you may be able to claim back some of the legal costs, should the judge allow it.
Who Can Get Legal Aid in Durham?
In Durham, eligibility for legal aid services is determined by a range of factors. Primarily, income and capital are central to the assessment of whether a person is entitled to legal aid. For those seeking assistance with social welfare matters, legal aid eligibility is based on the individual’s financial resources. As a rule, if an applicant’s disposable income each month falls below £315, they will be eligible for financial support. On the other hand, those applying for assistance with family or criminal cases will need income of less than £722 per month to receive legal aid. The same rules apply when it comes to capital ownership. If an applicant has less than £8,000 in capital, they can access legal aid – in contrast, anyone with more than £8,000 in savings will not be entitled to support. It’s worth noting that some people are automatically eligible for legal aid and do not have to meet minimum thresholds. For example, the following categories of people can enjoy legal aid without having to prove their finances: When it comes to the types of cases covered by legal aid in Durham, most areas of law are included under the existing rules. Family law, immigration law, housing law, domestic abuse law, mental health law, clinical negligence law, special educational needs law, education law, debt law, asylum law, human rights law and discrimination law are all official classifications under which individuals can apply for legal aid. Despite the broad scope of legal aid, the government is making steps towards restricting the number of areas in which people are entitled to assistance.
Different Types of Legal Aid Options in Durham
The legal system in Durham is supported by an extensive network of legal aid and pro bono services to help lower-income individuals and families get the help they need with presenting their cases in a court of law and receiving justice. Family law situations are very common, representing not only marriages or divorces, but also paternity suits for child custody and child support determinations. Also included in family law cases are cases where children are taken into the custody of the state by the Division of Social Services due to abuse and neglect. Individuals charged with crimes are entitled to have an attorney represent them, either through the services of a paid lawyer or a public defender provided by the state. Housing issues involve everything from representing the landlord or tenant in a lease dispute or eviction to issues involving the foreclosure of a mortgage on a home. Immigration assistance to immigrants obtaining and keeping their lawful status in the United States and to lawful residents with green cards who have applied for U.S. citizenship are among the most sought after legal aid services offered in the area. Some crimes call for a person to take care of getting a pardon that will restore that person’s civil rights to own a firearm or vote.
How to Obtain Legal Aid in Durham
Applications for legal aid in Durham can be made either online or by post. If you are submitting an application by post, you should first contact the Legal Aid Authority to obtain a paper version of the application form, as an online application will not be considered from a paper application form. To complete an online application, you should visit the official website, create an account and follow the prompts to complete the questionnaire.
Once you have completed your online questionnaire, you will need to submit the same paperwork that is required for a paper application, which includes:
If you are making a paper application, you will still need to present evidence of your identity by providing your birth certificate and a passport or driving license, for example. You will also need to provide details of your financial position, including copies of your bank statements and other bank account details. You must arrange for any third parties involved to provide relevant information, including other bank account details.
It is also important to be aware that the management of public funding for legal matters has been devolved to individual authorities within the UK. The scheme used in Durham may therefore differ from one applied in other regions, with variations existing in what is available and the application process.
Legal Aid Resources to Know in Durham
The city of Durham is home to a number of organizations that provide legal aid and assistance for low-income residents seeking help throughout the legal process. Here are some of the key providers serving the area:
Durham County Department of Social Services – Legal Services Division: Based in the city, this organization provides on-site family legal services through volunteers who represent clients in divorce, separation, custody, child support and guardianship of adults cases. It also refers people to community partners who can assist with domestic and sexual violence matters. They have a drop-in clinic every Monday at 2 p.m. for both divorce and domestic violence matters.
Legal Aid of North Carolina: This organization also has a location in Durham, assisting clients from across the state through a variety of programs. Its staff attorneys aid low-income clients in addressing a wide range of civil case types. Domestic violence matters are accepted through the Durham County Domestic Violence Advocacy Program. There are attorneys on staff to accept a limited number of domestic cases, including post-separation support and child support.
There are four steps to accessing Legal Aid of NC services:
- Access their website to see if you qualify for services and gain information about how to access them.
- Apply online.
- Participate in a phone interview if you are selected for a follow-up.
- After the interview , a staff attorney will evaluate your case for acceptance.
Lawyer on the Line: This program provides people with a free legal consultation with a volunteer attorney over the phone. People interested must be referred by a county legal aid program (such as the Durham County Legal Aid Clinic). The client is then eligible to be referred to the Lawyer on the Line program.
Appellate Practice Advocacy Project: Lawyers and paralegals volunteer their time to help pro bono clients in criminal appeals court cases. They help clients understand the legal system and their specific case situation, as well as the rights they have under the law.
NC Senior Legal Helpline: This program supports North Carolina seniors with access to free legal advice via the phone through a helpline. Like Lawyer on the Line, the service is available only through a county legal aid partnership. The helpline accepts referrals from county legal aid offices and the NC Senior Legal Helpline.
Because legal aid organizations are largely staffed by volunteer attorneys and paralegals, assistance may not be available in every area of practice. Those seeking civil legal assistance should always contact their local legal aid office to confirm availability.
The Challenges and Strategies for Legal Aid in Durham
While government attempts to limit the scope of legal aid have made it more difficult to access, innovative law firms have continued expanding their reach through counseling, mentoring, and "triage" centers like one that opened in Chatham House in 2015. The new center offers families in challenging financial circumstances a specific avenue to obtain legal assistance in a variety of issues, including divorce, bankruptcy, domestic violence, secure clientele, debt consolidation, and landlord/tenant matters. Filing for bankruptcy is not strictly prohibited for anyone with assets or high income, but it does keep people with too high of an income from being eligible for consumer relief under Chapter 7. Available relief under Chapter 13 is also more limited. Chapter 7 bankruptcy is for petitioners with an income too low for available debt reduction options. Qualifying for bankruptcy is not an open and shut case. Even with the new Chatham House center, securing legal aid can take some time and effort. Obstacles in the process of getting legal aid include: The first step in the process is often locating available legal aid services. Two resources for locating legal aid services are free national websites and local bar association websites.
Case Studies: How Legal Aid Helps in Durham
The positive influence of legal aid in Durham is underscored by the inspiring stories of individuals and families that have found support and success through the service:
Anna’s Journey
Anna was a single mother struggling to regain control of her life after a messy divorce. Despite steady employment, she faced sudden eviction after her landlord failed to make necessary repairs to the property. With limited savings, Anna was desperate for affordable legal assistance that could help her challenge the eviction and protect her tenancy. After contacting the Legal Aid Society of Durham, Anna was paired with an experienced attorney who provided representation throughout the eviction process.
The attorney gathered evidence of the property’s poor state, including photographs of black mould and broken fixtures that rendered Anna’s home uninhabitable. Together, they filed a complaint against the landlord and secured a court date to contest the eviction. With their assistance , Anna was not only able to save her home but also secured compensation for damages to her personal property.
Mark’s Marital Matters
Mark, a hard-working father of two, was faced with a painful decision following the breakdown of his 15-year marriage. As he prepared to file for divorce, he knew that he needed an attorney with experience in family law and fathers’ rights. It was during a meeting with a legal aid attorney that Mark realised he could get the help he needed at little cost. With legal aid’s guidance and support, Mark was able to move forward with filing for divorce while avoiding the emotional burden of finding (and paying for) a private attorney. Mark was able to gain equal visitation and joint custody of his two children—an outcome he had thought impossible beforehand.
These stories exemplify the transformative potential of legal aid for individuals and families in crisis.