Legal Aid Overview
Legal aid services play an essential role in providing low-income individuals and families access to the legal system. These services assist those facing civil legal issues that require representation in court or legal advice. Without lawyer representation, many vulnerable residents would have no way to access the legal system. Legal aid attorneys represent individuals and families for free, at a discounted rate or on a sliding scale based on income.
Legal aid organizations provide general legal assistance and advice, represent clients in court, assist domestic abuse and violence victims and help with family law, immigration, bankruptcy, employment, housing, foreclosure, social security, health care, veterans and criminal matters. These agencies also help clients deal with legal issues they may face as a result of natural disasters and other public emergencies, such as those that have impacted Kern County in the past few years. Legal Aid of Kern County and the law offices of Kuhlman & Lucas are among the local organizations working to expand access to justice and legal aid services in the greater Bakersfield area.
The need for legal aid services in Kern County was first identified in 1954 when the Economic Opportunity Act of 1964 established the Legal Services Corporation (LSC). The LSC received federal funding to help address the crisis of access to legal services in the nation. In 1979 , Legal Aid Society of Kern County was established as a non-profit law firm and became the sole provider of legal assistance services in the country’s 7th judicial district, which included Kern County.
Legal Aid Society merged with Kern County Law Library in 1990, although they later became separate organizations. In 2001, the name changed to Legal Aid of Kern County. To reduce duplication of services between Kern County Law Library, Legal Aid of Kern County, Law Library Foundation and Self-Help Center, a panel was created to provide information regarding budget allocation, legislation, policies and procedures. In 2018, the group developed the Access to Justice (ATJ) Strategy for Kern County and updated it in 2019. The ATJ plan was developed based on existing economic and social data and stakeholder input to identify barriers to justice that the community faces. One of the main contributors to these barriers is a lack of legal resources to help residents deal with issues related to civil legal aid.
Types of Legal Aid Services
As with most major cities across the nation, there are a variety of legal aid options in Bakersfield, CA. Legal aid services in the Bakersfield area include civil, criminal and family law services which address the various issues that residents of the city find themselves struggling with every day.
Civil legal aid covers such issues as housing, employment, debt and bankruptcy, medical insurance and benefits. Often civil lawyers are volunteers who offer their services for free or a minimal fee to low-income residents who have no other means to obtain legal assistance. Because there are more people seeking legal aid than there are attorneys available to help them, this type of legal aid is in great demand but limited supply.
Criminal legal aid is available to those charged with a crime who cannot afford to hire a private attorney. These defendants must be financially eligible before the court appoints a public defender to represent them in their case. Right now there is a great need for criminal legal aid in the United States. Legal services are limited in most areas as the number of people who are eligible for assistance went up during the recession but the number of criminal defense attorneys did not.
Family law legal aid offers free or low-cost legal representation to families in crisis. This often includes help with situations in which domestic violence is a factor, divorce and alimony (spousal support). Family law legal aid also assists with custody cases, guardianship, conservatorship, adoption and guardianship of children with special needs.
Legal aid helps a wide variety of people with a broad range of legal issues, like bankruptcy, landlord/tenant disputes, Medicaid issues, Social Security Disability appeal and Medicare. The above services are just the most common and diverse legal aid providers will assist with a variety of issues from filing an insurance claim against your property to contesting a will.
There are many legal aid services in the Bakersfield area but not all centers assist with every different service. Some provide comprehensive legal aid while others may only provide a few services or cater to a specific group.
Top Legal Aid Organizations in Bakersfield
The primary legal aid organizations serving Bakersfield include the California Rural Legal Assistance (CRLA), the Legal Aid Society of Kern County and the Centro de los Derechos del Migrante.
California Rural Legal Assistance provides free legal services to low-income residents of California, with an emphasis on rural areas. In Bakersfield, this organization focuses primarily on the agricultural sector, housing, wage claims and benefits. The organization can provide services in various languages, including Spanish, modern Farsi and Hmong.
The Legal Aid Society of Kern County has been providing legal services to low-income residents since 1970. Headquartered in Bakersfield, Legal Aid’s services are limited to indigent residents of Kern County. The majority of its funding is provided by the federal Legal Services Corporation, with approximately 20 percent of the funding delegated as local discretionary funds from Legal Aid’s governing body.
The Centro de los Derechos del Migrante, or the Center for Migrant Rights, works primarily on fulfilling the specific needs of migrant farm workers in Kern County. Many low-income residents of Kern County are also migrant farm workers. The organization conducts outreach to migrants and works with them directly to provide services related to labor rights, employment contracts and the ability to seek other legal remedies. The organization also offers a free consultation service that provides brief legal advice over the phone.
How to Obtain Legal Aid in Bakersfield
For those seeking legal assistance in Bakersfield, the process begins with reaching out to an appropriate nonprofit organization. Keep in mind that each organization has its own set of eligibility requirements, so it is highly recommended that applicants review these criteria before applying to a specific organization.
Generally, applicants can begin the process by calling the organization and speaking to a representative who can determine eligibility over the phone. If no representatives are available by phone, applicants may be required to fill out an application or to visit the local office in person. Some organizations may also have an online portal or enrollment process for clients to begin receiving legal assistance.
Upon being interviewed by a representative and confirming eligibility, a specific set of client guidelines will be presented to the client. Some organizations limit types of legal issues that they will assist with, so it is important to clearly communicate the specific issue with which you require assistance. Legal aid organizations are not permitted by law to provide representation to anyone who does not qualify for assistance. Clients should also be aware that legal aid organizations are not required to take any case. If a case does not involve family law, then representation may not be guaranteed.
It is not unusual for applicants to be placed on a waiting list. For clients who are not immediately prioritized, the application will be held until funding is available or until the organization has extra resources to take on another case. The waiting period varies, from a few weeks to a few years.
For those who are unsure whether they qualify for legal aid, or those who are experiencing problems with a legal aid organization, the State of California offers an avenue for complaints regarding legal aid services. Individuals can call the Office of Client Relations at the State Bar of California, or submit a complaint form.
If you wish to speak to a private attorney without the wait, try calling a local Bakersfield law firm.
Legal Aid Community Benefits
The financial benefits of legal aid to the community are significant. For every dollar spent on legal aid, the community sees between $3 and $4 in economic benefits, according to studies. Less formal legal representation increases the time it takes to resolve cases in our local courts and limits the ability of the poor to access the justice system.
As legal aid organizations dispense justice, society as a whole also benefits. When legal aid is accessible, the positive impacts of legal assistance extend beyond the person represented and to the taxpayer. Supplying representation means more clients will be able to secure Social Security disability benefits, avoiding the need for public benefits such as General Assistance payments that are borne by the County, or other public benefits that are paid using taxpayer dollars. Research shows a correlation between court representation and reducing the denial of disability claims (and thus improving the income of the formerly impoverished) and in increasing the likelihood that children from low-income families stay in the home (and do not need foster care or preventative social services) . Increasing access to education for low-income families, preventing homelessness, and a myriad of other societal benefits correspond with the delivery of effective legal assistance to the indigent community.
Studies show that pro per litigants fare significantly worse than those who are represented. Furthermore, high rates of pro per litigation show that low income communities have an increased rate of uninsured drivers, both in their vehicles and driving the wrong way on our roads. Having representation in complex legal matters reduces the likelihood that citizens embroiled in disputes will commit crimes in an effort to resolve their issues. Simply put, delivering justice to the poor and under-served reduces crime and creates safer neighborhoods.
Maintaining a system of laws which provides equality and the opportunity that protects us all, ensures that we are a civilized society. Legal aid promotes the rule of law by increasing opportunities and access to justice for the marginalized.
Legal Aid Challenges
Bakersfield’s legal aid providers also face some significant challenges. One of the most apparent is the current economy. Like many other residents of Bakersfield, the staff and volunteers assigned to these programs have experienced pay freezes and even layoffs due to budget cuts. Many are working overtime to serve the high demand and to fill in where the shortfalls exist.
The non-profit agencies providing legal aid in Bakersfield largely rely on local funding and donations in addition to grants from the California Bar Foundation. Legal aid advocates in Bakersfield fear that a quadrupling of applicants for assistance in recent years will continue and that the existing funding is insufficient to meet these needs.
Another challenge for legal aid providers in Bakersfield is the transient nature of many of their clients. Social and economic pressures often force clients to relocate. When not able to provide a city-specific address, the county’s public libraries offer central access to legal services, but also a difficult environment from which to provide services.
Legal Aid of Kern County is among those providing representation for victims of domestic violence, abused children and the elderly and disabled. Their services include consumer and debtor rights, divorce filings, bankruptcy, child custody, and guardianship. They provide clinics and limited assistance to those who do not demonstrate the need for full representation.
One main contributor to legal aid in Bakersfield is the Legal Services Corporation (LSC), which was created by Congress to support civil legal aid for those involved in poverty and to increase access to the justice system. With 135 offices, LSC currently funds 130 programs covering every county in America. However, the ability of Legal Services to continue funding legal aid in Bakersfield and elsewhere is uncertain with the recent approval of the Financial Services and General Government Appropriations Act for 2018, which proposed the elimination of all funding to Legal Services.
Legal aid in Bakersfield is primarily carried out by four main organizations.
Legal Aid Testimonials and Success Stories
"I never thought I would need legal assistance until one day I was threatened with losing my home. The Free Legal Clinics have been a lifesaver for me; not only did I speak with an attorney and get the help I needed, but I still have the peace of mind knowing the clinic is there if I ever need them again."
"I was struggling to pay my bills and survived on government assistance. My boyfriend’s house was broken into and they stole a few of his firearms. He was trying to sell them but every person who came to buy one stole them off my front porch instead of interacting with him. He kept saying that he would go to police and file a police report in case anything else happened, but I didn’t believe him. One day an employee from the Department of Justice or BATF knocked on my door. He informed me that they had caught my boyfriend selling these stolen guns online and were here to arrest him . I called the free legal clinic and they guided me through how to obtain a public defender. I was also able to keep my boyfriend from burglarizing anyone else."
"I’m a conservationist. I was battling some illegal trash dumping. I went to the free legal clinic downtown and they helped me file a complaint with Kern County Code Enforcement. Bakersfield came out and issued fines and corrected the issues I was having. I am very happy with their help!"
"My daughter went missing in Yuma Arizona and was taken to Mexico. Lori Dominguez Williams (owner at Dominguez & Williams, APC) helped me with my "Writ of Habeas Corpus". Giant headache lifted off my chest and 6 days later I had my baby back. So happy, grateful, and thankful to her and her staff. They helped me with an emergency. I can now sleep at night knowing that I have my daughter back. Thank you!"