Participation
One of the highest hurdles facing poor and disadvantaged individuals in our community is presented when they face legal problems
Gaining self-sufficiency
Protecting victims of domestic violence
Volunteer Attorney Project
Family Caregivers Project
Clinical opportunities
Vignettes-Who is helped by BCLA?
The following vignettes illustrate the type of help offered through BCLA
One of our most heart-wrenching dissolution of marriage cases involved Tracy and her two children. Her 10-year-old son was suffering from leukemia and had undergone a bone marrow transplant the year before. Tracy's 12-year-old daughter was undergoing counseling to deal with feelings of abandonment by her father. Tracy herself was facing severe medical problems; she had a growing brain tumor. Tracy's husband Steve was not providing emotional or financial support to Tracy or the family. He had intense anger management issues and began to systematically harass and threaten Tracy. After extended litigation, the divorce was finalized and Steve began paying support for his children. He also started attending counseling sessions with his daughter in order to salvage their relationship. Tracy and Steve are now working cooperatively in raising their children and are providing much-needed emotional support to one another as they face their son's second bone marrow transplant.
In one recent case, a pro bono attorney assisted Bill, whose home was severely damaged by the hurricanes of 2004. In order to purchase the home, Bill had worked and saved diligently and, after leasing the house for several years with an option to purchase, he finally signed a sales contract with the owner. Unfortunately, the deal offered by the owner was not a fair one. The seller took back a purchase money mortgage and the mortgage required that Bill pay taxes and insurance directly to him. When the hurricanes ripped his home apart Bill's troubles really began. When Bill asked the seller about insurance proceeds, he was told that a settlement had been reached without his involvement. The seller provided Bill with a small amount, entirely insufficient to cover repairs. Falling behind in mortgage payments, Bill was facing foreclosure and a hearing which could result in his losing the home was scheduled. His Legal Aid attorney acted quickly, filing papers in court contending, among other things, that insurance proceeds were withheld. After extensive litigation, Bill's attorney was successful in securing a dismissal of the foreclosure and saving the home.
Pam, the mother of 3 children, came to Legal Aid for assistance with a domestic violence injunction. Her husband, an alcoholic, had been regularly abusing her for years in front of the children. The family was living in deplorable conditions in a trailer which was condemned during the one of last year's hurricanes. There were holes in the floors, a non-functioning bathroom, and no electricity. Pam had to cook the family's meals outside on a barbeque grill. Since her husband refused to work, Pam was the family's sole source of income. She worked sporadically at a minimum wage job and also had to care for the children. Legal Aid was successful in obtaining an injunction for protection for Pam. Shortly thereafter, she and the children moved into a domestic violence shelter until they could find other housing. Pam reported that the shelter was one of the nicest places she and the children had ever lived. Pam also began attending a domestic violence support group which helped her regain her self-esteem.
Lisa said that her boyfriend had become increasingly violent and abusive as his drug addiction worsened. When finally she could take no more, she and her two-year-old returned to their home state, Louisiana. There, she filed for public assistance. This caused the state to pursue her boyfriend for financial support to his child. Angered by the prospect of support payments, he filed an emergency petition seeking custody of the child. With only 24 hours notice, Legal Aid appeared at the hearing on Lisa's behalf and argued successfully that the child should remain with her in Louisiana. Eventually, a final order was secured which granted Lisa custody and child support and established a reasonable visitation schedule.
Brevard County Legal Aid is committed to providing high quality legal assistance to protect personal safety, establish family stability, and ensure equal access to justice for low income and disadvantaged persons.
On the road to self-sufficiency
BCLA knows that their clients are the least likely to possess the tools necessary to navigate a safe course through the complicated legal system. Unfortunately, the stakes are often very high. A victim of domestic violence who has been served with divorce papers by her abusive spouse could lose custody of her children in a heartbeat. An uninformed tenant is at the mercy of his landlord and might continue to live in uninhabitable conditions or become homeless. Without the assistance of Legal Aid, they face consequences which could send them into a downward spiral, quickly losing control of their lives. There is, of course, no right to legal assistance in civil matters and attorneys are prohibitively expensive for low-income persons. Brevard County Legal Aid is there to help. Through both in-house resources and an extensive Pro Bono Program, Legal Aid assists countless Brevard County residents each year to effectively resolve critical legal problems.
BCLA's primary practice is family law with a high priority on protecting victims of domestic violence and their children. Approximately 35% of the agency's resources are dedicated to providing civil legal services to victims of domestic violence. This project is a partnership with local domestic violence shelters. Legal Aid's Senior Legal Program and Family Caregivers Legal Assistance Project focus on the legal needs of seniors and BCLA also provides free assistance to terminally ill clients.
BCLA's Volunteer Attorney Project is coordinated in accordance with Florida's Pro Bono Rule which sets an aspirational goal for attorneys to provide legal assistance to the poor. Recruitment, case referral and recognition activities result in one of Florida's highest pro bono participation rates and contribute dramatically to the level of service we can provide. BCLA offers pro bono attorneys many different opportunities to use their expertise to serve the community. Civil legal services provided by Legal Aid include advice, counsel, brief services, referral and full representation by staff attorneys, volunteer attorneys or staff paralegals. In addition to family law cases, including domestic violence injunctions for protection, custody, support and dissolution cases, BCLA also accepts guardianship cases, consumer cases, housing matters and defense of loss of property or money.
BCLA, working closely with regional partners in Orange and Seminole counties, have successfully collaborated with the Senior Resource Alliance in implementing our Family Caregivers Legal Assistance Project. Through the project, BCLA provides legal assistance to caregivers including grandparents who are the primary caretakers for grandchildren and adults caring for elderly persons. Caregivers receive direct assistance ranging from counsel and advice to full representation. Outcomes achieved include protection against unethical business practices, advice and representation in guardianship matters and promotion of family stability.
Several clinical opportunities are available at BCLA for volunteer attorneys to provide legal assistance to the poor and disadvantaged. A weekly advice clinic is offered to clients who are over the age of 60 or financially eligible. BCLA adds to the weekly clinic other clients with problems such as foreclosure, insurance and debt collection. Biweekly, BCLA conducts specialized clinics at BCLA's offices in Rockledge, which focus on helping clients with family law, consumer, tax and bankruptcy matters. These clinics have been expanded, in part, to accommodate the willingness of pro bono attorneys wishing to volunteer. BCLA also offers a monthly simple will clinic to seniors, the chronically ill and the poor. In addition to simple wills, healthcare advanced directives are also drafted.
It is only through the help of Legal Aid attorneys and staff that so many in our community are able to effectively access the legal system. Legal Aid's work has a direct bearing on basic human needs in the cases we handle. Legal Aid attorneys routinely obtain temporary and permanent relief by obtaining shelter (court-ordered exclusive use of the home), food (court-ordered child support payments), and medical care. Clients with housing issues are faced with homelessness without legal assistance. Almost all the family law cases handled by Legal Aid attorneys involve the best interests of children, a guiding legal principle in custody cases. In order to arrive at an appropriate resolution with regard to custody, visitation and support, it is necessary to fully consider issues of safety, mental health, education, and physical wellbeing. Thanks to the specialized assistance provided by Legal Aid, our clients stand a chance at becoming or remaining productive, self-sufficient members of our community. In many cases, our actions are helping to ensure that children grow up in healthy, violence-free homes, again, providing them with the opportunity necessary to succeed. That's a good return on your investment.