Financial Criteria for Legal Assistance

Legal Volunteers follows the income and asset guidelines used by Indiana Legal Services, Inc., based on the Federal poverty guidelines (see http://www.indianajustice.org/Home/PublicWeb/About/eligibility).  Any referrals involving variations and special circumstances outside the basic 125% guidelines will be fully recorded and documented to the referral attorney.  Legal Volunteers reserves the right to request proof of income in the event there are discrepancies and questions about the client’s financial situation.
 

Use of Litigation Funds

Limited litigation funds are included in the Legal Volunteers annual budget and are not dependent on grants.  Attorneys may spend, without prior approval, up to $100 for minor expenses such as publication fees, and they are advised of that on the referral letter sent with each client.  Any amount over $100 must be submitted to the Plan Administrator for approval before committing to the activity.  Legal Volunteers does not pay filing fees, which can be waived by petition to the court (this is also noted on the referral letter).  Legal Volunteers also does not generally pay any minor out-of-pocket expenses incurred by the attorney.  If paternity testing is necessary and/or ordered by the court, the Prosecutor’s office can assist with obtaining less expensive testing than a private laboratory would charge.

Examples of generally allowable expenses are:

• Publication fees
• Psychological evaluation (rare)
• Expert witness testimony from a professional (not from another non-profit organization)
• Such rare occurrences as a survey in a contested real estate matter, etc.

Any requests questioned by the Plan Administrator will be submitted to the District’s Judicial Appointee. 

Legal Volunteers recruits volunteer attorneys to represent clients in the following types of cases:

• Domestic Relations: Legal Volunteers accepts the following cases, both directly and upon referral from other agencies, only if they are contested:
  • divorce (including clients seeking equitable distribution of the marital home in which they and the minor children reside);
  • child custody (modifications only if there is substantiated evidence the child(ren) is/are in jeopardy and the opposing party is represented by counsel);
  • child support modifications (rarely and only when the payor-parent has hidden income);
  • spousal support (when the opposing party is represented by counsel);
  • protection from abuse

Legal Volunteers will accept the following domestic relations cases whether they are contested or uncontested:

• abused persons seeking divorce;
• adoptions (generally for step-parents or kinship caregivers);
• name change/birth certificate amendment cases for adults or minors.
  
  
• Guardianship: when both parties fit our financial guidelines, or one party is a minor child with no resources and the proposed guardian fits our guidelines. We generally do not accept contested guardianships.
• Estate Planning: Legal Volunteers accepts clients who are seeking a will, advanced health care directive (“living will”) or durable power of attorney.
• Non-Profit Organizations: Legal Volunteers accepts cases on behalf of non-profit organizations whose primary mission is to benefit low-income people. Legal Volunteers volunteers assist organizations in obtaining 501(c)(3) status.
• Probate: cases involving a small estate, the only asset of which is the residence in which the client lives.

Legal Volunteers Accepts the Following Types of Cases Only Upon Referral From Indiana Legal Services:

• Consumer Litigation
• Real Estate Matters, including Landlord/Tenant disputes
• Bankruptcy