Limited Access to Civil Law Aid in Alabama

In Alabama, access to affordable civil law aid is still pretty limited, especially since almost 30% of its residents live below the federal poverty line. The state doesn’t allocate public funding for civil aid, which really puts pressure on organizations like the five volunteer lawyer programs operating in the state.

The Montgomery Volunteer Lawyer Program (MVLP), established in 2012, exemplifies the way these programs can fill the service gaps. In 2023 alone, MVLP initiated over 1,000 civil aid cases in Montgomery County and successfully closed more than 900, addressing issues such as evictions and custody battles.

This local nonprofit operates under the guidance of the Alabama Bar and comprises five branches located in Montgomery, Madison, Birmingham, and South Alabama. Each one functions independently, yet they collaborate to enhance their impact.

“We’re really hands-on,” noted Payton Falk, executive director of the MVLP. “We’re present in every civil court in Montgomery County, and our presence in local churches and neighborhoods means people are aware of whether or not someone is going to court.”

This community-based approach is yielding tangible results. Judges and opposing attorneys in Montgomery often seek out VLP volunteers, acknowledging the significance of impartial legal representation.

Alabama’s legal services contribute about 15% of the funding for MVLP, while the bulk of the program’s support comes from private donations, local businesses, and grants from organizations like the Alabama Law Foundation and the Alabama Citizens’ Justice Foundation. The Alabama Law Foundation oversees funds generated by lawyers’ trust accounts that support statewide civil aid efforts.

Moreover, there’s been a noticeable increase in collaboration. In 2023, five programs joined forces with Legal Services Alabama to form the Alabama Pro Bono Alliance, pooling their resources and grant writers for fundraising initiatives. This collaboration is crucial, particularly in a state that doesn’t allocate any budget for legal aid for its citizens.

“There are so many needs that even all of us together can’t address them all. We’re essentially the only lawyers working pro bono, but that change isn’t happening anytime soon,” commented McTear.

The efforts of these volunteer programs really aim to benefit Alabama’s most vulnerable groups, particularly single mothers, seniors, and those with incomes just above the threshold for traditional aid—many of whom can’t afford private lawyers.

Despite the positive impact, the future remains uncertain. With the federal government trying to reduce funding for these programs, there’s concern that the public doesn’t fully grasp how vital they are or even that they exist.

“We don’t want people to think that if LSAs vanish, they won’t have any support,” McTear emphasized. “However, it’s crucial that our funders and the public recognize that we are here, active, and in need of their support.”

Currently, MVLP counts around 85 active volunteers but hopes to expand that number significantly. In regions where legal services are scarce, the role of volunteer lawyer programs in cities like Montgomery is especially significant.

“People in desperate situations sometimes make choices that are far from ideal, but I really hope we can guide them toward a better path,” McTear expressed.

Glory McLaughlin, executive director of the Birmingham Volunteer Lawyer Program, referred to their work as “an essential legal triage for those most in need.” Like MVLP, BVLP also provides civil law assistance to low-income residents in Jefferson County.

“We deal with a lot of family law and housing issues, but we also get cases related to wage garnishments and collections,” McLaughlin shared. “Additionally, we host clinics for estate planning and expungements, which have grown into a significant focus for us.”

She pointed out that the BVLP model relies heavily on short-term legal interventions offered through a “help desk” staffed with volunteer lawyers and various legal clinics.

“We also receive support from volunteers hailing from large firms, small businesses, sole practitioners, and even semi-retired lawyers,” she noted.

BVLP mainly relies on funding from the Alabama Law Foundation, which oversees the IOLTA fund. “That’s currently about half our budget,” McLaughlin stated. “Another 25 percent comes from contributions by law firms, with the rest coming from small grants and individual donations.” A federal subgrant of $70,000 from Legal Services Alabama, which is funded through the Legal Services Corporation, will also assist, yet McLaughlin admits that losing this grant would place the organization in jeopardy.

That said, the struggles faced by legal services organizations like LSAs will directly affect the VLP programs.

“If LSAs were to disappear or receive very minimal funding, the demand for our services would skyrocket, and we’re quite uncertain about how to respond to that,” McLaughlin said. “We’ll have to start rethinking our strategies more than we currently do.”