Memphis Area Legal Services, Inc.

1. What is Legal Services?

In 1974 the Legal Services Corporation (LSC) Act was enacted by Congress to replace the old Office of Economic Opportunity legal aid system, and to provide "minimum access" to the civil justice system, covering every county across the country. Minimum access was defined by members of Congress as one attorney for every 5000 poor people.

Regrettably, "minimum access" has never been achieved, and would require three times the current level of federal funding to attain that modest goal. Additional funding from the state Access to Justice Act, the Older Americans Act and the Tennessee Bar Foundation's IOLTA program cannot make up the difference between current levels and "minimum access." The Campaign for Equal Justice was thus an important source of support for MALS, even before FY '96 federal budget cutting threatened reductions of 30% or more. Since 1996 budget, LSC federal funding for legal services has dropped by 12.5%.

2. Who receives help from Legal Services?

Generally, MALS' clients under age 60 must fall within 125% of poverty income guidelines set annually by the federal government. However, senior citizens served by MALS are not required to disclose income to receive services (Title III of the Older Americans Act forbids means-testing). Yet, in fact, most of MALS elderly clients are also "low-income," because of the types of legal problems that are targeted.

More and more, MALS' clients are the working poor, whose employment income is just high enough to disqualify them for Medicaid/TennCare and food stamp assistance, but not high enough to pay for medicine and food. They are regular folks, who often find themselves making "or" decisions -- rent or medicine, light bill or rent. Their numbers are growing exponentially.

3. How do low-income people learn about Legal Services?

The primary method potential clients learn about MALS is through community education activities, entailing brochure distribution and staff outreach at nursing homes, senior centers, public hearings, abuse shelters, local television panels, and community group functions.

4. Are all of MALS’ services free?

All clients who qualify currently receive legal representation without charge. (However, clients are asked to pay or reimburse the program for filing fees, court costs, costs of medical exams or records, discovery costs, etc., related to the handling of the case). Fees and costs may be advanced by MALS on the client's behalf in order to expedite the case.

5. Is MALS the same as the public defender's office?

No. MALS handles no criminal work, and shares none of the state and local funds available to the public defender.

6. Isn't MALS a government agency?

No. MALS is a Tennessee not-for-profit corporation with 501(c)(3) tax-exempt status, chartered to provide civil legal services without fee to low income and elderly residents of Shelby, Fayette, Tipton, and Lauderdale Counties. The concept of providing legal services, interestingly, began with Memphis private attorneys in 1968. Mike Cody, Ron Borod and others began a modest legal clinic on Mississippi Boulevard to address the problems of the poor in and near downtown Memphis. They soon learned that their efforts alone, while personally satisfying, would never be enough.

7. Doesn't the federal government provide enough funding?

Although the Legal Services Corporation is the primary source of MALS' financial support, federal domestic spending cuts which began in 1981 resulted in declining federal funding during the same period in which the poverty population increased nationwide by 15%. As already noted, the minimum access benchmark of one attorney for every 5000 poor people has never been achieved. Yet there is estimated to be one attorney for every 360 persons living above poverty level, while there is one attorney for every 12,000 persons living below poverty level.

8. Do legal services providers in other cities solicit private donations from the legal community?

There are fundraising efforts conducted by legal services providers across the country. In the southeast alone, Atlanta and Nashville have conducted very successful campaigns for the last several years. For example, Legal Aid in Nashville raises more than $600,000 annually and Atlanta, over $1.3 million.

9. Why should lawyers support an organization that could take business from us?

MALS takes cases no one else will - either because the subject matter is within the realm of poverty law issues which legal services advocates are specifically trained to handle, or because the client lacks the resources to pay a private attorney. MALS routinely refers out "fee-generating" cases including personal injury, workers compensation, criminal victims injury compensation, etc.

Moreover, lawyers have a professional interest in MALS and the quality representation for low-income people which it provides. Easing access to the justice system, bringing in those who have historically been excluded, strengthens our democratic system.

Ever since bar leaders like Irvin Bogatin and Emmett Marston participated in the incorporation of MALS in 1970, the private bar has had a special link to legal services, and that partnership is stronger and more vital today.

10. Why do I need to do pro bono work if I give money or vice-versa?

The fact is that pro bono volunteers are an important source of representation for poor people in Memphis and cannot be replaced by dollars. There is not, and likely never will be, enough funding for legal services programs, staffed sufficiently, to meet all the needs. When you contribute to MALS you contribute to an experienced in-house staff while also maintaining MALS' ability to efficiently refer hundreds more cases to volunteers; provide those volunteers with training, mentoring, and litigation support; and ensure that high standards of quality continue to be met. In addition, MALS’ volunteer attorneys receive Professional Liability Insurance up to $2,000,000.00 on cases referred through the project and Tennessee CLE credits that are awarded based on the number of hours donated through the pro bono program.

11. Why doesn't Legal Services take some of the cases that I refer to them?

There are not enough attorneys and paralegals to handle all of the cases presented by financially eligible individuals. As a result, legal services program like MALS utilize a system of case acceptance priorities approved by its Board of Directors, emphasizing access to justice for the most vulnerable populations to maintain or secure the basic needs of safety, food, health care, shelter and income.

Although every potential client's case is important to that client and saying "no" is not easy, scarce resources dictate hard decisions. An uncontested divorce with no children or property involved simply should not take precedence over a divorce involving spousal abuse, or a threatened immediate loss of shelter, food, or nursing home care.

12. How will the money raised be used?

The most important need of MALS is to pay qualified and dedicated attorneys a reasonable salary to effectively and efficiently provide high quality legal services to its clients. Dollars donated to MALS will mean continued services for the low-income community.

13. What is the caliber of attorney in MALS’ office?

MALS is proud of its status as a law firm and the talent of its staff. We are regularly complimented by members of the bench and bar on the high caliber of representation provided by our advocates. Our attorneys are graduates of the both national and state law schools, including University of Memphis and University of Tennessee.

Success rates are high. Recent case statistics show that, typically, about 70% of MALS' cases going to hearing or trial are won. Similarly, recoveries (or maintenance of benefits) result in over $3,000,000 remaining in the local economy.

14. How do I know my contribution will be used properly?

Memphis Area Legal Services is annually audited by the independent CPA firm of Craine, Thompson & Jones, P.C. Prior years' audits are available for inspection at MALS' main office. MALS' Board and management are confident that their efforts to control expenditures and to oversee operations continue to pay off.

15. If my firm contributes, will we receive recognition of our donation?

All firm contributions will be acknowledged in an "Honor Roll" listing in the Memphis Lawyer magazine, the Daily News, in MALS' e-Newsletter and other public forums of recognition. The list will also be prominently displayed.

16. How do I sign up to volunteer or contribute?