Senior Citizens

The United States has more lawyers per person than any other country. So, if you need one–and many of us do at one time or another–you should be able to find one who will provide the best professional counsel at the fairest price.

When to Look for Legal Advice

Some matters not involving substantial amounts of money or property may be handled without the aid of a lawyer. However, in deciding whether to use a lawyer, you need to make a judgment, based on your own experiences and those of knowledgeable friends or relatives. Some problems where a lawyer should be considered include:

• Is the matter a complex legal issue or one that is likely to be taken to court?
• Is a large amount of money, property, or time involved?
• Does the matter require the filing of complex legal papers, such as complex wills.
• Is an estate being resolved involving significant amounts of money?
• Are there serious tax problems?
• Does the matter involve an accident that caused an injury or death?
• Is there a divorce being contested?
• Has significant damage been done to property?
• Are you planning on home equity conversion?
• Have you been discriminated against at work because of age?
• Is guardianship an issue?

Where, besides a lawyer, can I go for help?

Depending upon the situation, you might consider the following alternatives to hiring a lawyer for a specific matter:

• Discuss the problem with the people involved and try to work out an acceptable compromise.
• Seek the advice of someone who could help mediate the dispute on an informal basis, such as a religious advisor or family counselor.
• Consult a good do-it-yourself legal guidebook. To find one, check the selection at your local bookstore or contact: NOLO PRESS, 950 Parker St., Berkeley, CA 94710; (415) 548-5902.
• Consider a nonlawyer, independent paralegal to assist you as they may be able to help you use self-help books, kits, and form books. They help you prepare forms (at your direction and decisions) but do not provide legal advice and cannot represent you in case you go into court.
• Contact your local or state consumer protection agency.
• Consider taking the problem to an impartial third-party organization that will listen to both sides of the dispute and help you reach a resolution. You can find these arbitration or mediation services at places such as your local Better Business Bureau.
• Take the matter to Small Claims Court, where claims of from $100 to $5000 can be considered, depending on where you live. Check with your local municipal court for the rules that apply in your area.
• If you are 60 years of age or older contact your local area office of aging and request legal assistance.
• Hire a general practitioner attorney for one hour and let him or her advise you about alternatives.

A Word of Caution

Whether you are seeking help from a lawyer or an independent paralegal you need to know how to select the good from the bad, the honest from the dishonest. Choose a professional that has been established for some time or recommended by a social service agency, friend, or court clerk. Select one that charges reasonable fees. Many independent paralegals provide competent and honest services and charge far less than lawyers. You also need to understand–before you hire a paralegal–what they legally can and cannot do. Here are some tips:

• They cannot provide legal advice.
• They may not legally represent people in court.
• They cannot select appropriate forms for their customers.
• They can help with routine legal tasks such as typing and filing the paperwork for uncontested divorces, bankruptcies, and wills.
• They can recommend self-help books.
• They can provide assistance in filling out legal forms since they are familiar with the forms and the rules for filing them.

Where can I go if I cannot afford legal fees, but need a lawyer’s help?

If you cannot afford to hire a lawyer at the full fee, there are several legal assistance options. You may want to check your local phone directory to find out which services are available in your community. Some legal services you may qualify for or should consider include:

• Legal Aid
• Legal Assistance for Older Americans
• Pro Bono Services
• Mediation
• Court Appointed Attorney

Legal Aid –The federal government’s Legal Services Corporation (LSC) funds offices across the nation (320 centers) to serve persons with incomes below 125% of poverty. Legal aid societies and other public legal assistance programs in your county or city also may be able to help. To locate a legal aid office look in the telephone book under “legal aid” or call the bar association and ask about sources of free legal help. Legal aid offices generally offer assistance with a variety of legal problems, including those involving landlord-tenant issues, public benefits, credit and utilities disputes, and family law matters such as divorce, adoption, and guardianship cases.

Legal Assistance for Older Americans –The Federal Government’s Older American Act (OAA) Title III requires that states provide legal assistance to older Americans. These free legal services, although you need not be poor to qualify for help, are aimed at low-income people over 60. Title III providers generally receive inadequate funding to assist all older persons in need of help. They therefore develop ways to determine which clients to accept. The Act’s regulations prohibit use of a “means test” to limit receipt of services, yet mandate that preference be given to serving those in the greatest social or economic need. To resolve this dilemma, legal providers usually establish a case acceptance policy that serves those areas of law that most affect persons in greatest economic or social need (such as public benefits, housing, and healthcare).

Assigned lawyers can help you with a variety of legal problems concerning housing, consumer fraud, elder abuse, Social Security, Supplemental Security Income (SSI), Medicare, Medicaid, age discrimination, pensions, nursing homes, protective services, conservatorship, and other matters.

State agencies and area agencies are prohibited from requiring a legal assistance provider to reveal information that is protected by the “attorney-client privilege.” Your local area agency on aging may be able to assist you or refer you to an appropriate organization.

Pro Bono Services –Many older persons have problems outside of a Title III program’s priority areas or have incomes above the Legal Services Corporation (LSC) poverty guidelines and thus cannot be served by either. They cannot, however, afford to retain private attorneys to resolve their problems.

Some states have developed innovative resources to provide legal assistance to older persons in this position. One such resource is pro bono–from the Latin phrase pro bono publico (”for the public good”), which is a term used to describe legal services provided free of charge to someone unable to pay for them. Eighteen states have a state-level pro bono coordinator whose goal is to enhance the availability of free legal ser-vices to poor persons through volunteer efforts of lawyers, paralegals, and other associated professions (e.g., court reporters). For information in your area contact your local bar association.

Mediation Services — A dispute resolution center (DRC) helps people resolve their disputes out of court. DRC’s are sponsored by local judicial systems and funded by private foundations and organizations. Judges, law enforcement officers, bar associations, and legal aid groups refer cases for mediation when appropriate. Most are listed in the yellow pages of your telephone directory.

Mediation is useful in cases involving evictions, zoning changes, consumer issues, neighborhood disputes, and minor misdemeanors, such as vandalism and harassment. The elderly also should consider mediation for problems such as age discrimination and grandparents’ visitation rights.

An individual who wants to pursue this type of mediation must first get the other party to agree to the procedure. Then the DRC will appoint a mediator with appropriate skills to help resolve the problem. The mediator may be a retired lawyer, judge, police officer, or other person with law enforcement or specialized experience.

Mediation spares one the expense, confusion, and anxiety of a court trial. To date, forty-six states have local mediation centers, most of which reach an agreement in more than 85% of their cases.

Court-Appointed Attorneys — If you are charged with a crime and cannot afford an attorney to defend you, you should be able to obtain free legal help. Inform the judge in your case that you are unable to afford an attorney, and ask that one be appointed to represent you. A state or local public defender’s office can provide you with information.

Other Sources –You also may want to contact the local bar association’s referral service, the municipal courthouse, or the district attorney’s office for information. If you live near a law school, find out if it has a legal clinic serving the community.