MALS Corner: Addressing the Justice Gap

By CINDY COLE ETTINGOFF, CEO and General Counsel, Memphis Area Legal Services, Inc.

Each year the number of individuals who need help from MALS increases and MALS strives to serve as many in our community as we can. However, serving an increasing need is a herculean task when congressional appropriations to one of our primary funders, Legal Services Corporation, have seen only slight a slight percentage increase in the last fifteen years – certainly not remotely in keeping with the increase in need. The recently released Justice Gap Report 2022, provides some startling and daunting statistics on the justice funding gap. Among the most alarming are the following: low-income Americans did not receive any or enough legal assistance for 92% of their civil legal problems; 74% of low-income households experienced one or more civil legal problems in the last years; and 39% of low-income households experienced 5 or more civil legal problems in the last year. Among the most common types of problems are consumer issues (scams), health care, housing, income maintenance and matters related to education. Over one-half (55%) of lowincome Americans who experienced a civil legal problem say those problems substantially impacted their lives with the consequences affecting their finances, mental health, physical health, safety, and relationships. Among those who did not seek legal assistance, 46% cited the cost of legal help as an important barrier to seeking and receiving legal help.

The numbers in the Justice Gap report reflect the situation of the country as a whole. However, for Memphis, as the second poorest large metropolitan area in the United States and 5th highest in the nation in rates of domestic violence, I fear the situation is even worse than that for the nation as a whole. Our community has tremendous civil legal needs associated with poverty, debt, and domestic abuse. As children have returned to school, their needs, and the deleterious effects of homelessness on their school attendance is in the forefront of our minds.

As 5th in the nation in rate of domestic violence, the needs of victims for orders of protection for themselves and their children, for shelter, for divorces and child support, and for the return of bank accounts contents or vehicles commandeered by their abusers, is tremendous. MALS is constantly seeking new means and sources of funding to provide assistance, not only for children and families, but also for the elderly who fall victims to scams, abuse and neglect, and domestic violence.

The numbers of those in need, the effect of lack of service, and the need to increase the number of those to whom we are able to serve is the reason that while seeking additional funding MALS also continually seeks to be exceptional stewards of the dollars given us. Those who were attended the ribbon cutting at MALS new offices, saw that MALS’ new offices are less than half the size of MALS’ former space. Dollars that could have gone toward office space are instead being put toward attorneys, paralegals, administrative staff, and technology to enable MALS to serve more of our community. As lawyers, we have seen what happens to unrepresented individuals, statistics from a variety of sources indicate that for those who go to court without legal representation, in over 90% of the cases, a judgment is entered against the unrepresented.

Cindy Cole Ettingoff is the CEO and General Counsel for Memphis Area Legal Services, Inc. A long time legal services volunteer and supporter, Cindy joined MALS after thirty years of practicing law. In private practice, Ms. Ettingoff represented employers, employees, and unions in litigation, contract negotiations, arbitrations, and mediations.

Most of us can remember when we first entered a courtroom. However, as lawyers, we had legal knowledge and possibly a mentor. In addition, unlike our clients, we were not afraid of losing our dwellings or facing threats affecting personal safety. Many of MALS’ clients arrive at the courthouse having never been there before. They are frighted and intimidated. They do not know where to go, where to sit, when they can speak, or what they can say. Often their fears overtake them, and they flee before their case is even called.

Representation or advice through MALS and MALS’ pro bono volunteers can be not just life changing, but in some instances lifesaving. For that reason, MALS has taken every opportunity to expand our reach through partnerships. MALS was proud to be a part of the ERA/ MSERA program that sought to prevent evictions via federally funded rental assistance dollars. Although that program has ended, MALS’ work on behalf of tenants existed prior to the program and has never cased. As it has done since 1997, the Memphis Fair Housing Center (MFHC), continues to address housing issues and engage in housing counseling for our community. With over 95 years of combined housing law experience, MALS has independently provided representation to over 6275 tenants and mortgagees in the last five-year period. In an effort to reach more of the those in need and in addition to the Second Saturday Legal Clinics, and the Thursday afternoon Courthouse Advice and Counsel Clinics, MALS also offers Rights and Responsibilities Clinics for renters and mortgage holders’ clinic. Those clinics are held every other month, from 5:30 – 7:30, on the third Tuesday at the Benjamin Hooks Library. As a recognized legal authority on housing matters in Memphis, Lauderdale, Fayette and Tipton counties, MALS’ Fair Housing Center, is part of a statewide network of right to counsel programs. We have developed and maintain rapport with the community, judges, and landlords’ attorneys. In fact, I was recently stopped in a restaurant by a General Sessions Judge who shared news of the invaluable service she sees MALS attorneys providing in her courtroom.

The benefit MALS offers in the housing arena, as shared by the judge, is seen in all of MALS’ service areas. We have seen firsthand the difference timely legal services can make in the lives of our clients. The justice gap, the needs of our community and the positive effects civil legal representation can make is the reason MALS Campaign for Equal Justice is so critical. Campaign for Equal Justice (CEJ) dollars help fill our funding gap to enable us to address the justice gap. CEJ dollars are used to provide civil legal services, primarily in areas of urgent need as those needs arise, often long before other grant dollars can be sought or become available. This year MALS is honored to have long time access to justice supporter, Sharon Ryan, head MALS’ Campaign for Equal Justice. As a tireless supporter of equal access to justice, Sharon has provided thoughtful assistance for legal aid organizations to enable them to meet more of the needs of its service areas. When she or a member of her CEJ team contact you, please give generously.

The Campaign for Equal Justice will, for the first time since the pandemic, kick off with the October 15, Justice for All Ball. The Justice for All Ball is more than a fundraiser to enable MALS to better serve the community, it is an opportunity to focus on, celebrate, and build on the good in Memphis. Practice your dance moves and join MALS and our incredible emcee, Beverly Robertson, to celebrate those we serve, the work we do, and the good our communities have to offer, while enjoying performances by the Beale Street Flippers, the Staxx Performers, DJ Cleveland “the Voice” Bradfield, and the PC band and enjoying delicious food from Memphis’ own Chef Phillip Dewayne. 