austinbar.org MAY 2020 | VOLUME 29, NUMBER 4
Legal Aid in the Age of COVID-19 A Perfect Storm is Brewing: Preparing for the Aftermath
T
he reverberations from the COVID-19 pandemic can be felt around the world. Individuals, families, communities, businesses, and governments have all been impacted in ways large and small. In some instances, people have been brought to their knees. And, in many ways, those who are most vulnerable in our communities have been hit the hardest. Unfortunately, the legal-aid providers who normally are able to assist this population with a wide range of legal services are also suffering and struggling to meet the needs of existing and potential clients.
is creating a backlog of need that will be unleashed when the stayat-home orders are lifted and inperson legal clinics can resume. Concurrently, legal-aid providers are confronting funding deficits related to the pandemic. According to Betty Balli Torres, executive director of the Texas Access to Justice Foundation (TAJF), “Low-income Texans, and many Texans not previously eligible for legal aid, are experiencing the loss of their livelihood requiring legal assistance with unemployment claims, landlord-tenant problems, and consumer credit. These challenges inevitably affect family
With legal-aid funding decreasing at a time when legal-aid needs are increasing, lawyers stepping up and helping to fill the justice gap by providing pro bono legal services are more important than ever. The pandemic has caused all face-to-face legal aid clinics to cease temporarily and has limited access to legal services and the courts. Many who are served by these legal clinics do not have access to the internet and must depend on public libraries to access computers. But the libraries are now closed, too. While many legal-aid providers such as Volunteer Legal Services of Central Texas (VLS) have pivoted and are now providing virtual legal clinics, their clients’ limited access to the internet impacts the organizations’ ability to serve in a meaningful way. Lack of access
stability, and exacerbate mental and physical health needs.” Torres further notes, “Unfortunately, the number of Texans eligible for legal services will likely exponentially grow in this uncertain economy.” The amount of available funding for legal aid, however, is likely to decline. The recent lowering of the federal funds rate to zero will have the effect of lowering the interest revenue generated by one of the major funding sources for legal aid—the Interest on Lawyer Trust Accounts (IOLTA) program. The loss of IOLTA revenue will have a significant negative impact on
grant funding the TAJF provides to legal-aid programs. TAJF anticipates an annual loss of nearly 75 percent in IOLTA funding, or approximately $1 million each month. This funding provides critical access to legal aid for people to protect their livelihoods, health, and families. TAJF currently funds 37 legal-aid organizations, law school clinics, and pro bono organizations providing vital legal-aid services to families who cannot afford legal services, including veterans, older Texans, survivors of sexual assault, mothers with children, Texans with disabilities, and others. This dramatic loss of funding, coupled with the anticipated increase in demand for services, can only be viewed as a perfect storm looming on the horizon. In a recent meeting of the Austin Bar’s Pro Bono Committee, Tracy Whitley of Texas RioGrande Legal Aid (TRLA), reported that a disaster team has tracked stats and expects to see a wave of cases involving domestic violence, consumer fraud, tax issues, employment issues, wills and estates, bankruptcies, and evictions. “Everyone’s first priority is supporting the health and safety of their communities and states right now. But families across
Texas and throughout the country are feeling economic distress that will lead to legal problems related to housing, securing emergency benefits, and unpaid bills,” Torres said. “Based on past disasters, we know there will be a huge spike in demand for qualified, compassionate legal help in the coming weeks and months.” With legal-aid funding decreasing at a time when legal-aid needs are increasing, lawyers stepping up and helping to fill the justice gap by providing pro bono legal services are more important than ever. The preamble to the Texas Disciplinary Rules of Professional Conduct points out the moral obligation lawyers have to provide pro bono service: “Every lawyer, regardless of professional prominence or professional workload, continued on page 7
