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Need for legal aid outstrips supply

Jeannie Richard's legal problems began last year after she took out a $250 payday loan and fell behind on her payments.

The loan center, which was charging a whopping 1,202 percent interest rate on the loan, sued her in small-claims court for failing to fulfill the terms of her contract.


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  • At the same time, attorneys with the Legal Aid Center of Southern Nevada were reviewing small-claims files and found Richard's case. They sent her a letter and offered to represent her in a class action lawsuit against the loan center.

    "She's a special case, because we contacted her," attorney Stefanie Ebbens said.

    Richard, 51, is one of more than 13,000 people who received free services last year from the Legal Aid Center. The center turned away countless others.

    According to an assessment of Nevada's civil legal needs, published last year, the state has 4,706 people living in poverty for every legal aid attorney.

    The ratio in Clark County is higher: 5,495-to-1.

    "We all knew that there was a great need in Nevada for legal services for the disadvantaged, but I believe that we were all surprised by the numbers," said Suzan Baucum, executive director of the Nevada Law Foundation.

    The assessment was commissioned by the Nevada Supreme Court's Access to Justice Commission, which was created in June 2006, and has spurred a fundraising campaign to increase legal resources for the disadvantaged.

    As part of the assessment, a telephone survey was conducted in November 2007. The survey of 1,000 residents revealed that more than two-thirds of the state's low- to moderately low-income households experience significant civil legal problems that would normally require some assistance from an attorney to resolve them.

    The survey also showed that only 20 percent of those with one or more legal problems received help from a lawyer for at least one, but not all, of the legal problems they identified.

    "People don't come in the door with one problem," Ebbens said.

    In Richard's case, her legal woes mounted after she was laid off from her job in early November.

    Her car was soon repossessed. She was denied Social Security supplemental income for her 10-year-old son, a special education student who was having behavioral problems. And she was forced out of two homes by landlords who were facing foreclosures.

    "It was a very rough five and a half months," Richard said.

    Legal Aid Center employees helped her address all those issues. Without their help, Richard said, she and her son would have needed to share a residence with her two adult daughters and three grandchildren, or move to Denver to live with extended family members that she hasn't seen for years.

    Richard, a 24-year resident of Las Vegas, was hired in March as a billing representative for a medical insurance company and is getting back on her feet.

    Others in her shoes don't always fare so well.

    "When your life is in a delicate balance, it only takes one thing to put you over the edge," state Supreme Court Justice Michael Douglas said.

    Douglas, who once worked as an attorney for Nevada Legal Services, and Justice James Hardesty serve as co-chairmen of the Access to Justice Commission.

    "You can't go any place in this community right now and not see a need for an attorney," Douglas said.

    He noted that those who were surveyed cited housing as one of their top legal issues, and that was before the mortgage crisis reached its height.

    "If you don't have a place to live, everything spirals out of control," the justice said.

    Other top issues included finances, family, benefits and employment.

    "We just turn away so many people because we don't have the capacity or resources to help them," said Lynn Etkins, development director for the Legal Aid Center of Southern Nevada.

    Etkins is one of 22 full-time attorneys who work at the center.

    The Nevada Law Foundation provides funding for the Legal Aid Center of Southern Nevada, Washoe Legal Services, Nevada Legal Services, Volunteer Attorneys for Rural Nevadans, the City of Las Vegas Senior Citizens Law Project and the Washoe County Senior Law Project.

    Most of the foundation's budget, which was $1.5 million in 2008, comes from interest earned on lawyers' trust accounts.

    Baucum said lawyers are not allowed to keep the interest earned on trust accounts, where they place money from clients and third parties for safekeeping.

    Last year, representatives of the Nevada Law Foundation began negotiating with banks to increase interest paid on lawyers' trust accounts. More than a dozen banks agreed to pay an interest rate of 2 percent or higher through the end of this year.

    Attorney Robert Eglet, vice chairman of the foundation, said the increase makes a big difference at a time when many banks are paying a 0.25 percent interest rate. He said the average daily balance of all lawyers' trust accounts in Nevada is around $100 million.

    Eglet said foundation representatives now are trying to persuade lawyers and law firms to move client trust accounts to banks paying the higher interest rates.

    The foundation also kicked off an aggressive fundraising campaign early this month.

    "If each lawyer gave just a little bit, we would be able to fully fund and ensure access to justice to everyone in Nevada," Eglet said.

    Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-380-8135.

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    Give Jay Bybee a job at this joint wrote on April 20, 2009 10:30 PM: Oh I bet he will work for Reid.

    Inpeach him.


    Too_many_lawyers wrote on April 20, 2009 08:03 PM: This legal retainer stuff is so stuffy and anachronistic, but thanks for pointing out the distinction.
    Rule 219 states: Upon request of a client, when economically feasible, earnings shall be made available to the client on deposited trust funds which are neither nominal in amount nor to be held for a short period of time.

    I wouldn't let money from a retainer I originally paid get skimmed to pay for legal aid shakedowns! Even if it was only a nickel.


    Law Student wrote on April 20, 2009 05:12 PM: Actually, the money in the trust is the retainer (that is, the amount of money paid to the lawyer for his services). The client fronts the cash to the attorney, who then bills against the trust account. When the trust runs too low, the attorney sends another bill. Think of it like a pre-paid credit card, except any money left over after the attorney is done with the matter is refunded to the client. In the meantime, the interest made off of that money is used to pay for legal aid for indigents.

    So, "Too_many_lawyers," you've got it wrong. Lawyers aren't using settlements to fund anything -- if they are, it's coming out of what they've earned.

    "Why don't the lawyers kick in?", I fail to see how this arrangement is unethical.

    But then again, I don't really know why I'm trying to convince people on the internet of anything.


    Donald wrote on April 20, 2009 10:43 AM: Just like the medical and health assistence in Las Vegas, the Legal Aid, sucks. When I went to their offices on 6th st. I was told to wait until a lawyer came out at 4pm and try to catch him. The lady at the window did not even LOOK up!


    Tucano Fulano wrote on April 20, 2009 09:38 AM: Here's yet another example of American organizations being swamped by demand.
    The "lifeboat" designed for a certain number of Americans is swamped by thousands of illegal aliens getting aboard. The cure for this evil is deportation of illegal aliens and their "anchor babies".


    Patrick wrote on April 20, 2009 08:34 AM: The interest rate expressed here is unfair at best. Pay Day Loan companies don't charge 1200% interests over the course of the year because the loans are short term. Rates are high, and will work out to huge amounts, like 1000% over the course of a year, but Pay Day Loans are usually just 2 weeks or so. The interest charged for that period can be around 10-30%. No one goes to a Pay Day Loan Center for a long term loan.


    Too_many_lawyers wrote on April 20, 2009 07:44 AM: The Nevada Law Foundation's budget, which was $1.5 million in 2008, comes from interest earned on lawyers' trust accounts.

    The lawyers are entitled to take money from shakedown settlements (sitting in trust) to fund the activities of other activist, left wing lawyers. Check out the Foundation's self-description. Have you ever read anything so pompous and self-righteous in your life?


    Why don't the lawyers kick in? wrote on April 20, 2009 06:36 AM: Aren't the trust accounts filled with their clients money?

    So, instead of the client earning interest. the client pays for the indigent fee and the lawyer pockets the rest?

    Nevada lawyers are a class act. lol