OVERCOMING BARRIERS THAT PREVENT LOW-INCOME …

HANNAH LIEBERMAN CONSULTING, LLC/JOHN A. TULL & ASSOCIATES

OVERCOMING BARRIERS THAT PREVENT LOW-INCOME PERSONS FROM RESOLVING CIVIL LEGAL PROBLEMS

A Study Prepared for the Legal Assistance to the Disadvantaged Committee of the Minnesota State Bar Association

September, 2011

Table of Contents

Table of Contents. . . . . . . . . i

Acknowledgments. . . . . . . . . iv

Key Findings . . . . . . . . . . vi

Introduction. . . . . . . . . . 1

Purpose, Scope and Structure of the Study. . . . . 1

Approach. .

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3

Selection of Regions. .

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3

The Interviewing Process. .

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5

Identification of Barriers and Development of Responsive

Strategies. .

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6

The Survey Respondents. . . . . . . . 6

Characteristics of the Low-Income Respondents. . . . 6

Characteristics of the Providers. . . . . . 9

Characteristics and Needs of Underserved Populations. . 10

Overall results of underserved populations and substantive needs . . . . . . . . . . 11

Low Income Working People Need Help Getting and Keeping Decent Paying Jobs. . . . . . . . 14

Mental Illness Defines an Underserved Population and is Itself a Barrier. . . . . . . . . . 15

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Language, Lack of Documentation and Cultural Differences Cause Many Low-Income Immigrants to be Underserved . . 17

Many Low Income Persons Are Isolated Because They Lack Adequate

Transportation. . .

22

Youth Experience a Wide Variety of Serious Problems. . . 24

Ex-offenders Face Obstacles to Employment, Housing and Transportation. . . . . . . . . 26

The Lack of Affordable Housing Contributes Significantly to the Unresolved Problems of Homeless Persons. . . . . 27

Native Americans Experience a High Frequency of Problems And Have

Unique Issues With Law Enforcement.

. . . . 29

Seniors: Identified as Underserved But Have Lower Frequency of Problems. . . . . . . . . 31

Single Persons May Have Overlooked Needs. . . . 32

Poor people in general experience additional, common problems. 33

Health Care. .

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34

Access to social services. .

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34

Domestic violence and family problems. .

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35

Consumer. .

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36

Discrimination.

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37

Increasing Access of Underserved Populations to Civil Legal Aid. 38

Experience With Lawyers and Perceptions of Legal Aid. . . 39

Low-Income Respondents' Efforts to Secure Legal Assistance. .

40

Low-Income Respondents' Knowledge of and Experience with Legal Aid. 44

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Reasons Respondents May Not Contact Legal Aid. .

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47

Provider Knowledge of and Experience with Legal Aid. .

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49

Strategies to Connect Members of Low-Income Populations with Legal Aid. . . . . . . . . . 51

Targeted Strategic Outreach. .

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51

Work Through Partnerships. .

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53

Enhance Program Capacity.

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55

Effective and Innovative Use of Technology. .

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58

Increase Knowledge and Visibility. .

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60

Influence Attitudes and Reduce Stigma. .

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61

Advocacy Strategies to Address Unmet Needs of Underserved Populations. . . . . . . . . 63

Attending to the Needs of the Working Poor.

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63

Reducing Cultural and Linguistic Divides. .

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67

Overcoming Geographic Isolation and Lack of Transportation . .

68

Working Toward a User-Friendly and Coordinated Social Services System 70

Attending to the Needs of Youth. .

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72

Minimizing the Adverse Impact of Criminal Records.

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75

Reaching and Effectively Assisting the Mentally Ill. .

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76

Pursuing Strategies to Retain and Create Housing Opportunities. .

77

Paying Attention to the Shifting Terrain of Healthcare. .

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78

Conclusion . . . . . . . . . . 79

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Acknowledgements

The deep commitment of the Minnesota State Bar Association to ensure access to the legal system for the most marginalized Minnesotans was the impetus for this study. Steve Hirsh, MSBA Access to Justice Director and Bridget Gernander, Manager of the Legal Services Grant Program of the Minnesota Supreme Court, were instrumental in translating this commitment into action; pursuing funding and providing patient guidance throughout the course of the project. Funding for the project came from a variety of sources, to whom I am are extremely grateful. They include: the MSBA, the Minnesota State Bar Foundation, Otto Bremer Foundation, the Legal Services Advisory Committee of the Minnesota Supreme Court and the Minnesota Legal Services Coalition (Mid-Minnesota Legal Assistance, Central Minnesota Legal Services, Southern Minnesota Regional Legal Services, Legal Services of Northwest Minnesota, Legal Aid Service of Northeast Minnesota and Anishinabe Legal Services). The Minnesota Center for Survey Research provided useful assistance in developing the survey instruments and compiling the data. At every stage of the process, we received thoughtful and helpful guidance from an illustrious Advisory Committee: Nicholas Slade, Esq., Barry & Slade; Jean Lastine, Executive Director, Central Minnesota Legal Services; Suzanne Pontinen, Director, Volunteer Lawyers Network; and Peter Knapp, Professor, William Mitchell College of Law. I am particularly grateful to my enthusiastic collaborator, John Tull, whose cogent analysis, deep knowledge of legal aid delivery and careful editing helped shape this report. The study could not have been conducted without the tireless effort of many staff members of Minnesota's outstanding legal aid programs. As busy as they are, they found time to attend interviewing trainings and to conduct the almost 500 interviews that provide the data and observations upon which the report is based. Their energetic participation in two rounds of focus groups contributed immeasurably to the wide range of potential strategies identified in the report.

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