Whether you need help drawing up a will or contract or you’re facing some sort of legal dilemma, hiring an attorney can be expensive.
According to USLegal.com and related websites, most lawyers charge between $100 and $300 an hour. The cost can feel prohibitive if you don’t have much money to spare and need a lawyer to get you out of a legal jam or protect your assets.
Here are some reasons you may need a lawyer:
— Family law issues, like a contentious divorce.
— Estate planning.
— Personal injury.
— Criminal charges.
— A restraining order.
— Business restructuring or dissolution.
— Bankruptcy.
In a criminal proceeding, a court will appoint an attorney if someone can’t afford legal assistance. In a civil case, generally described as a dispute between two private parties, those who lack funds will have to get creative to obtain legal representation.
How to Find Free Legal Help
Depending on your situation, you can employ a variety of strategies to get free legal advice or cheap legal assistance. Read on for more information on each option.
— Contact the city courthouse.
— Seek free lawyer consultations.
— Look to legal aid societies.
— Visit a law school.
— Contact your county or state bar association.
— Go to small claims court.
— Ask for “limited scope representation.”
— Represent yourself.
Contact the City Courthouse
Andrea Vacca, a collaborative divorce attorney in New York City and the owner of Vacca Family Law Group, says at least with divorces, “some courts offer free assistance to parties who want to fill out their own uncontested divorce paperwork.”
Seek Free Lawyer Consultations
Some attorneys will offer a free lawyer consultation — usually by phone or video conference — although these are often done with the expectation that you might hire them.
Even if it’s just a 15-minute call, you may get a better sense of what you’re in for if you hire an attorney. You might also be able to get some guidance on how to find an affordable attorney.
Look to Legal Aid Societies
Legal aid societies are nonprofit organizations that provide low-cost legal advice and free lawyers for low-income families and individuals.
Keep in mind that your household may earn too much money to qualify for help, and even if you have a low income, it doesn’t necessarily mean you’ll receive legal aid.
“Legal aid agencies employ many dedicated and hardworking attorneys and can be a great source of advice, but unfortunately many of them are underfunded and consequently the attorneys are overworked. This sometimes makes obtaining their services difficult,” says Ryan Byers, a civil litigation and school law attorney with Rammelkamp Bradney P.C., which has locations in Springfield and Jacksonville, Illinois.
If you can’t get help from a legal aid service, Byers suggests trying again in a few months to see if circumstances have changed.
You can find more ideas at LawHelp.org, a nonprofit organization aimed at connecting people with low and moderate incomes to free legal aid programs in their communities.
[Related:10 Ways to Get Free Money From the Government]
Visit a Law School
Many law schools have pro bono programs in which law students offer free legal advice. Schools that offer such programs include American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.
If you have a university with a law school in your area, check to see if legal aid is available.
“Law schools in your area may also host pro bono clinics focused on particular areas of law, such as the Northwestern Pritzker School of Law‘s Children and Family Justice Center, where I worked while attending law school,” says Dana Sarros, an intellectual property litigation attorney with Barnes & Thornburg LLP in Chicago.
“These clinics allow law students to gain valuable, hands-on experience while providing much-needed legal help to the community, overseen by veteran professors and practitioners,” she says.
Contact Your County or State Bar Association
Check your state or local bar associations to see what help is available. For example, the Akron Bar Association, in Akron, Ohio, will answer simple legal questions for free on the second and fourth Fridays of each month from 9 a.m. to 11 a.m. as part of its Ask an Attorney Service.
The association also offers up to a 30-minute consultation with an attorney for $30, and free 30-minute consultations for certain topics including bankruptcy or veteran’s benefits.
Go to Small Claims Court
Unfortunately, small claims court isn’t a viable option for everyone. For instance, you can’t go to small claims court if you’re trying to work out your financial affairs after a divorce. But if the stakes are fairly low and someone owes you money or is trying to collect money from you, you might consider small claims court.
Your state will dictate how high the stakes are. For instance, in Delaware, the most you will be awarded or lose is $25,000; in Rhode Island, the amount is $5,000.
Ask for Limited Scope Representation
With limited scope representation, a lawyer agrees to help a client handle only some parts of a legal matter.
“A lawyer and a client agree that the lawyer will provide some services related to a legal issue but will not provide the full representation that they traditionally might otherwise provide,” says Byers.
“For example, if a client needs to pursue a small claims lawsuit against somebody who owes them money, a lawyer providing limited scope representation might draft the documents that the client needs to file the case but leave it to the client to file the documents and appear in court,” he adds.
This form of legal unbundling can reduce your bill, maybe significantly.
“Though it may not be available in all jurisdictions, many states have adopted rules allowing for limited scope representation,” Byers says.
Represent Yourself
This isn’t a suggestion as much as an explanation of why representing yourself in court is almost always a bad idea.
“The legal system is complex and intricate, with various rules, procedures and legal principles. Although courts may extend some leeway to people representing themselves, court procedures and deadlines must be strictly followed. Failing to adhere to these rules can result in your case being dismissed or decisions going against you,” says Sarros.
Byers recalls once handling a child custody dispute in which a parent represented herself against his client.
“On the day of the hearing, she brought with her a stack of what she called ‘character witness’ letters that were all reportedly from individuals she knew who were vouching for the fact that she was an excellent parent,” Byers says.
But she didn’t realize she couldn’t use the letters at the hearing for a variety of reasons, he says.
For instance, documents used in court generally need to be disclosed in advance, and the only way these documents could have been used was if the letter authors were present to testify that they were legitimate.
“Ultimately, the court refused to consider the opposing party’s character witness letters, and it was apparent that those letters were the entirety of the evidence she had in support of her case. She was left with no evidence to base any arguments on and my client prevailed,” say Byers.
It’s a sad story, but it’s an excellent example of why you probably shouldn’t represent yourself in a court case — especially if the stakes are high.
[SEE: 12 Steps to Protect Your Money in Divorce.]
Do I Need a Lawyer?
After talking to an attorney or law student, you may decide that you need a lawyer — and you may find one who will work with a small budget. An attorney might give you a discount. Also, many attorneys offer payment plans that allow you to pay monthly instead of in one large sum.
Of course, you could find a pro bono lawyer, or you might find someone willing to take your case on contingency. That is, if you lose your case, you won’t pay. But if you win, the law firm will take a portion of the money awarded to you.
However, it’s important to proceed carefully before choosing a lawyer. Choose a reputable attorney and agree upon the rate before they take your case. Don’t be shocked if an attorney turns you down. It’s risky for lawyers to take cases on contingency, and they need to be confident that a judge or jury will side with you.
And while legal experts advise against representing yourself, you may feel like you have no choice. If that’s you, consider the path that Bert Martinez, a revenue and marketing strategist based in Phoenix, once took when he represented himself in court.
His problems started after sending a junk-fax spammer a cease-and-desist letter, which escalated into a lawsuit. According to Martinez, the spammer’s company claimed the letter had to be researched by its law firm, which set the company back thousands of dollars. Martinez found himself in court, defending himself against two attorneys. Before his court date, however, he went to the courthouse to listen to proceedings. He suggests sitting in court every day for a week or even up to 10 days.
“Introduce yourself to the clerk of that courtroom,” he says. “Explain why you’re there — to observe and become familiar with how this courtroom operates.”
By visiting the courtroom, Martinez says, you can see what kind of judge you’ll likely be working with, and you’ll become accustomed to the sights and sounds of the courtroom. You have to be prepared, Martinez says, because “you’ll be held to attorneys’ standards.”
Martinez prevailed. Of course, many people don’t have the time to take off work and visit a courtroom for five to 10 business days or to study up on law for hours and hours.
In short, if you can’t find free legal advice to help you have your day in court, it’s a wise decision to seek a competent attorney — even if you feel like you can’t financially swing it. If your legal problem is serious enough, it may be the case that you can’t afford not to hire one.
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How to Find Legal Help When You Can’t Afford a Lawyer originally appeared on usnews.com
Update 07/27/23: This story was published at an earlier date and has been updated with new information.
