Need free help with a civil case in IL? Here’s where to find legal assistance
While Illinoisans and residents across the nation are entitled to legal representation in criminal cases, the federal government does not mandate access to a defense lawyer for civil cases.
More than half of Americans mistakenly believe they are entitled to free legal representation in civil matters if they cannot afford it, according to the Legal Services Corporation, an independent nonprofit established by Congress in 1974.
A recently proposed budget from President Donald Trump would close the Legal Services Corporation, the largest funder of civil legal aid in the nation, WBEZ Chicago reported June 25. This would affect funding for one of southern Illinois’ legal aid options, Land of Lincoln Legal Aid.
Several studies demonstrate the positive effects of having access to civil legal services, including lower rearrest rates for children with prior “delinquent involvement,” a lessened likelihood of losing familial custody and more, according to a 2020 article from the Illinois Criminal Justice Information Authority, a state government agency.
“The United States is the only country among similar nations that does not guarantee the right to legal representation in civil matters,” the ICJIA article continued.
The most serious legal issues are criminal, but even some civil offenses can carry fines of thousands of dollars.
Although Illinois does not mandate a right to civil legal representation to residents who cannot afford it, the state’s law does allow for “discretionary appointment of counsel,” the National Coalition for a Civil Right to Counsel reports.
The relevant Illinois state law says, “A court, in its discretion, may appoint counsel to represent an indigent person, and that counsel shall perform his or her duties without fees, charges, or reward.”
So what options do Illinois residents have if they cannot afford a lawyer for their civil case? Here’s an overview of available resources.
Illinois Free Legal Answers
Illinois Free Legal Answers is a free virtual legal advice clinic where qualifying users can submit their non-criminal legal questions to be answered by a volunteer attorney, Abigail Causer, managing attorney of Public Interest Law Initiative, wrote in a June 25 email to the News-Democrat.
The Public Interest Law Initiative is the state administrator for Illinois Free Legal Answers.
To ask legal questions through Illinois Free Legal Answers, users must meet income criteria. Income for eligibility is capped at 250% of the federal poverty line, Causer said, and more limits may apply.
Many other states offer free legal answers services, including Missouri, Indiana, Iowa and more.
Some of the legal issues Illinois Free Legal Answers can help with include divorce, custody issues, housing, eviction, homelessness, employment and unemployment, disability and civil rights. Volunteer licensed attorneys answer users’ questions.
“Illinois Free Legal Answers is such an important tool for people representing themselves because you have access to a licensed attorney in Illinois who can give you legal advice (not just legal information) that is specific to your case and circumstances,” Causer said. “People can get help on Illinois Free Legal Answers no matter where they are located in Illinois, and it is crucial for assisting people who may live in areas with few private attorneys. Clients can get advice on their situation, but because the platform is virtual and they can attach documents, they can be as fact specific as they wish. Additionally, it is the only ‘help desk’ for civil appeals in the state! Clients can ask questions about family law, eviction, immigration, and so much more!”
Attorneys from Illinois Free Legal Answers do not appear with you in court, but can help prepare you by giving advice specific to your situation.
To get help from Illinois Free Legal Answers, you can go online and answer questions to determine your eligibility before making an account and asking your non-criminal legal question. You will receive an email notifying you when your response is available online.
Illinois Legal Aid Online
Illinois Legal Aid Online offers free articles about a number of legal issues, including housing, family and safety topics, immigration and more. Help is available to those who speak English or Spanish.
For additional assistance, you can use the organization’s online tool “Get Legal Help” by entering your legal issue, your ZIP code and whether you’re looking for help finding information, legal forms or a referral to a lawyer.
Those who are survivors of domestic violence can text “DV” to Illinois Legal Aid Online at 85622 for help accessing housing, financial aid and legal resources.
Land of Lincoln Legal Aid
Land of Lincoln Legal Aid provides free legal aid to qualifying residents in Central and Southern Illinois for certain civil issues, including consumer law, family law, education law, elder law and disability rights, health and economic security and housing law.
The organization does not handle criminal cases, including traffic cases, personal injury, malpractice or worker’s compensation cases.
“The type of service we can provide depends on the specific legal problem, information about the case, and staff availability,” the Land of Lincoln Legal Aid website says.
When determining eligibility for free legal services, Land of Lincoln Legal Aid staff will need information about your household income, assets, family size, ZIP code, age, race and more. For questions about finding help, you can call the Legal Advice and Referral Center at 618-394-7300 or 877-342-7891.
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