Captains’ Breakfast 2024: Celebration and Motivation!

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On Thursday, January 4th, the Equal Justice Coalition (EJC) hosted its annual Captains’ Breakfast at WilmerHale’s downtown Boston office. The event celebrated the dedication and contributions of law firms and law schools that had exceptional participation during the EJC’s FY24 campaign for increased state funding for civil legal aid in Massachusetts.

Specifically, attendees were thanked for exceeding expectations in their participation in the EJC’s annual lobbying day, “Walk to the Hill.” (“Walk to the Hill” became “Talk to the Hill” when in-person events were moved online due to the COVID-19 pandemic; the event will be back in person this year). Every participating law firm and law school has a designated “team captain” who corrals their peers to join them at the EJC event. At “Talk to the Hill” last January, more than 1,000 people logged on to urge their legislators to support civil legal aid by fully funding the Massachusetts Legal Assistance Corporation’s (MLAC) line-item request for $49 million. Over the summer, the Governor signed a final FY24 budget that included this full amount.

Louis Tompros, distinguished Partner at WilmerHale, esteemed Chair of the EJC (and one of the stars of MLAC’s new Walk to the Hill Promo Video), graciously hosted this year’s event. While guests tucked into a hot breakfast spread fit for a five-star hotel, Louis remarked on the challenges and opportunities for growth within Massachusetts’ civil legal aid community.

“By being back in person, we have the opportunity to again show our legislators and their staff just how big and just how loud the support for civil legal aid is in Massachusetts.” – Louis

Next, MLAC Executive Director Lynne Parker expressed her gratitude for the group’s unbounded efforts and impact in support of civil legal aid, and Mary Ann Mulligan from Governmental Strategies briefed everyone on the legislative process and timeline ahead.

The event’s Keynote Speaker was former Massachusetts Senator Eric Lesser, Senior Counsel at WilmerHale, who served in the Obama White House as the Director of Strategic Planning at the Council of Economic Advisers.

At the Captains’ Breakfast, Senator Lesser shared his insights on effective legal aid advocacy, emphasizing the importance of engaging with legislators beyond the Walk to the Hill program. He encouraged advocates to have informal conversations and establish an emotive connection when discussing the impact of civil legal aid. Drawing from personal experience, Senator Lesser stressed the significance of leading with the authenticity of your expertise on the subject matter and aligning support for civil legal aid with the legislators’ priorities.

Louis rounded us out with the presentation of several awards from the FY24 virtual “Talk to the Hill” event and their respective winners:

  • Highest participation: Ropes & Gray
  • Exceptional support award: Goodwin Procter
  • Nancy King award: Meehan, Boyle, Black & Bogdanow
  • Highest participation from a law school: UMass Law School
  • Team Advocacy award: Ropes & Gray
  • Social Media Advocacy award: Davis Malm

Everyone left with full bellies and a renewed feeling of enthusiasm for this year’s Walk to the Hill, which will surely be memorable after three years of virtual events!

Beacon of Justice 2019 Photo Gallery

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Boost civil legal aid budget for the poor (Lowell Sun)

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Below is an excerpt from a May 30 op-ed published in The Lowell Sun. The piece was written by James P. Hall, President of Northeast Legal Aid, in support of increased civil legal aid funding in Massachusetts.

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As state lawmakers construct a balanced budget that meets all of our needs, they should consider an increase in state funding for civil legal aid.

In fiscal year 2017 the work of civil legal aid programs in Massachusetts, including Northeast Legal Aid, which serves Lynn, Lowell and Lawrence, provided an economic benefit of $59.2 million to the state’s economy. By providing free legal representation in noncriminal legal matters to low-income people, the state received increased federal benefits and helped residents avoid unlawful evictions and foreclosures, or secure healthcare services to which they were rightfully entitled. Simply put, it’s cheaper for the commonwealth to help prevent a family from becoming homeless than it is to pay to shelter them after the fact. Likewise, it’s more cost effective to ensure that a military veteran receives the healthcare services he or she needs rather than have that person seek more costly emergency room care with no way to pay for it.

Read more at The Lowell Sun.

Massachusetts State House

Chief Justice, Bar Leaders to Speak at 19th Walk to the Hill

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BOSTON (January 16, 2018)―Chief Justice Ralph Gants of the Supreme Judicial Court and bar association leaders will join hundreds of private attorneys from more than 40 law firms at the Massachusetts State House on Thursday, Jan. 25 at 11:00 a.m. for the 19th Annual Walk to the Hill for Civil Legal Aid. Attendees of this annual lobby day, one of the largest held on Beacon Hill each year, will request a $5 million increase in state funding for programs that provide civil legal aid to low-income Massachusetts residents. Approximately 880,000 people in Massachusetts have incomes at or below 125% of the Federal Poverty Level ($30,750 a year for a family of four), making them eligible for civil legal aid.

“Tens of thousands of people who live in Massachusetts cannot afford the legal help or representation they need when facing life-changing circumstances such as escaping domestic violence, unlawful eviction or home foreclosure, or the denial of veteran’s benefits,” said Lonnie Powers, executive director of the Massachusetts Legal Assistance Corporation (MLAC). “They’re left to navigate these complex legal matters alone, putting their families, homes, health, and livelihoods at risk. Civil legal aid gives low-income people in Massachusetts the tools they need to achieve or maintain their financial stability and independence.”

Speakers at Walk to the Hill will include Chief Justice Gants, Boston Bar Association President Mark D. Smith, and Massachusetts Bar Association President Christopher P. Sullivan. The program will also include remarks by a client who has been helped by civil legal aid.

“At a time when immigrant communities face uncertainty and hostility, and fear that the rule of law is threatened, the need for legal advocacy and advice from our civil legal aid organizations has never been more urgent,” said Justice Gants.

MBA President Christopher P. Sullivan said: “With no guarantee of a lawyer in a civil case, far too many Massachusetts residents go unrepresented in court because they simply cannot afford a lawyer, and the legal aid resources are far too limited to help everyone who is qualified to receive such aid. That’s unacceptable. Having access to a lawyer is critical, especially when folks are fighting for their homes or services for their kids or facing other life-altering challenges. More funding for legal aid is the answer, and the Massachusetts Bar Association urges our elected officials to increase funding for legal aid to ensure equal justice for all in the Commonwealth.”

“Every year, we work alongside our partners in the Equal Justice Coalition to secure funding for civil legal aid in the state budget because we understand the devastating consequences for Massachusetts families who cannot afford legal representation,” said Boston Bar Association President Mark Smith. “In addition to enabling low-income residents to access legal services, investing resources in civil legal aid saves money.”

“Civil legal aid is a solid return on investment for Massachusetts taxpayers and our communities,” said MLAC Board Chair Marijane Benner Browne. “In fiscal year 2016, the work of the 14 civil legal aid programs funded by MLAC provided an economic benefit of $49.2 million to the state’s economy. This included federal benefits and other financial support for low-income residents, as well as shelter and health care cost savings for the state.”

Following the speaking program, attorneys will visit their legislators and urge them to increase funding for MLAC, the largest funder of civil legal aid in Massachusetts, by $5 million in the FY19 state budget, for a total appropriation of $23 million.

Walk to the Hill is sponsored by the Equal Justice Coalition, a collaboration of the Boston Bar Association, Massachusetts Bar Association, and the Massachusetts Legal Assistance Corporation. The event is also co-sponsored by numerous county and specialty bar associations throughout Massachusetts.

SPEAKING PROGRAM

11:30 a.m. to 12:00 p.m.
Great Hall of Flags
Massachusetts State House, Boston

The order of speakers is as follows:

  • Chief Justice Ralph Gants of the Supreme Judicial Court
  • Boston Bar Association President Mark D. Smith
  • Massachusetts Bar Association President Christopher P. Sullivan
  • Legal aid client

NOTE: Members of the media are welcome to attend all or part of the speaking program. Please follow the Equal Justice Coalition on Twitter (www.twitter.com/equaljusticema) as well as the hashtags #IWalkForJustice and #WalktotheHill for the latest on Walk to the Hill 2018.

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About the Equal Justice Coalition

The Equal Justice Coalition, a collaboration of the Boston Bar Association, Massachusetts Bar Association and the Massachusetts Legal Assistance Corporation, works to increase state funding for civil legal aid. For more information, visit www.equaljusticecoalition.org.

Chief Justice, Attorney General, Bar Leaders to Speak at 17th Walk

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Media Contact:
Catherine Rizos
617-391-5627
crizos@mlac.org

Chief Justice Gants, Attorney General Healey and Bar Association Leaders to Speak at 17th Annual Walk to the Hill

Hundreds of Attorneys to Gather at State House on Thursday, January 28 to Request $10 Million Increase in Funding for Civil Legal Aid

BOSTON (January 21, 2016)―Chief Justice Ralph Gants of the Supreme Judicial Court and Attorney General Maura Healey will join hundreds of private attorneys from more than 40 law firms at the Massachusetts State House on Thursday, Jan. 28 for the 17th Annual Walk to the Hill for Civil Legal Aid. Attendees of this annual lobby day, one of the largest held at the State House each year, will request a $10 million increase in state funding for programs that provide civil legal aid to low-income Massachusetts residents.

“Civil legal aid is integral to helping low-income people deal with the crises that confront them in everyday life,” said Lonnie Powers, executive director of the Massachusetts Legal Assistance Corporation (MLAC). “Civil legal aid helps the Commonwealth’s most vulnerable residents avoid homelessness and unemployment, and gain access to health care and veterans’ services, receive a quality education, and escape domestic violence—and does so in a cost-effective manner.”

Speakers at Walk to the Hill will include Chief Justice Gants, Attorney General Maura Healey, Boston Bar Association President Lisa Arrowood, and Massachusetts Bar Association President Bob Harnais. The program will also include the screening of a video demonstrating the need for civil legal assistance in Massachusetts, featuring interviews with court personnel and Massachusetts residents in need of civil legal aid.

Due to lack of funding, civil legal aid programs in Massachusetts are forced to turn away more than 60 percent of those eligible for civil legal aid who seek services.

In 2014, the Boston Bar Association’s Statewide Task Force to Expand Civil Legal Aid in Massachusetts recommended increasing the Commonwealth’s investment in civil legal aid by $30 million over the following three years to begin to address this unmet need.

“Civil legal aid is a potent tool for helping people maintain stable, independent lives,” said MLAC Board Chair Marijane Benner Browne. “Providing legal assistance to low-income people in danger of losing their home or being wrongfully evicted makes much more sense than allowing them to wind up on the street or in a shelter—places where it is difficult, if not impossible, to keep a job, raise a family, or maintain any sense of normalcy.”

Following the speaking program and video screening, attorneys will visit their legislators and urge them to increase funding for MLAC, the largest funder of civil legal aid in Massachusetts, by $10 million in the FY17 state budget, for a total appropriation of $27 million.

Walk to the Hill is sponsored by the Equal Justice Coalition, a collaboration of the Boston Bar Association, Massachusetts Bar Association and the Massachusetts Legal Assistance Corporation. The event is also co-sponsored by numerous county and specialty bar associations throughout Massachusetts.

SPEAKING PROGRAM & VIDEO SCREENING

11:30 a.m. to 12:00 p.m.
Great Hall of Flags
Massachusetts State House, Boston

The order of speakers is as follows:

  • Attorney General Maura Healey
  • Chief Justice Ralph Gants of the Supreme Judicial Court
  • Massachusetts Bar Association President Bob Harnais
  • Boston Bar Association President Lisa Arrowood
  • Legal aid client

NOTE: Members of the media are welcome to attend all or part of the speaking program. Please follow the Equal Justice Coalition on Twitter as well as the hashtags #IWalkForJustice and #WalktotheHill for the latest on Walk to the Hill 2016.

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About the Equal Justice Coalition

The Equal Justice Coalition, a collaboration of the Boston Bar Association, Massachusetts Bar Association and the Massachusetts Legal Assistance Corporation, works to increase state funding for civil legal aid. For more information, visit www.equaljusticecoalition.org

Patrick sends the wrong message with civil legal aid cuts (Boston Globe)

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Below is the full text of a December 26 editorial, published by the Boston Globe, about the likely impact of Governor Deval Patrick’s decision to cut the legal aid budget in the Commonwealth.

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Given the current discussion about state budget shortfalls, it’s understandable that Governor Deval Patrick would want to shave every penny he can. But the state’s civil legal aid program should not be on the chopping block. A recent report from a task force of the Boston Bar Association determined that the program — which provides crucial services to some of the state’s neediest citizens — is already woefully underfunded. Patrick’s proposal to cut the budget for civil legal aid is misguided, and it sends the wrong message to the incoming administration.

The program applies to people involved in civil suits, not criminal cases. In criminal cases, the US Constitution guarantees legal representation for all defendants. Civil suits, on the other hand, include cases of foreclosure (resulting in homelessness), child custody, and protection against domestic violence. The BBA report found that only one in three people who qualified for help received it, and called for an actual increase in aid by $30 million over the next three years. Instead, the governor has asked for 1.5 percent in cuts from the aid program’s $15 million budget.

In truth, the legal aid cuts — and the $25.5 million in cuts the governor has requested in unrestricted aid to cities and towns — will probably be rejected by the Legislature. (House Speaker Robert DeLeo announced that he will not make any moves with the budget until Governor-elect Charlie Baker is in office.) But in suggesting the cuts to this program for people who are without other recourse, the liberal Democratic governor has sent an implicit message to Baker, an avowed fiscal conservative: “Hey, if I can do this, so can you.”

On the face of it, 1.5 percent does not sound like a lot. But the results of the cuts would be devastating. According to the Massachusetts Legal Assistance Corporation, which is charged with administering the funds, the cuts would result in laying off full-time attorneys, and affect 1,344 individuals who will not get aid they would have otherwise received. In a state with a roughly $36 billion budget, the governor should not be nickel-and-diming vital social services with a cut that amounts to $225,000. It’s also worth repeating another one of the task force’s findings: every dollar spent on legal aid to keep people in their homes saves the state $2 in homeless benefits. That’s not only equitable social policy, but sound fiscal policy.

Mass. lawmakers should increase funding for civil legal aid (Boston Globe)

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Below is the full text of a November 10 editorial, published by the Boston Globe, encouraging the state legislature to invest more into civil legal aid programs based on a report by the Boston Bar Association.

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A recent report by a Boston Bar Association task force revealed that more than two-thirds of eligible applicants for legal aid were turned away because of a lack of resources, forcing them to represent themselves in court. This is a major failing, the costs of which are borne ultimately by the taxpayer. The Legislature should find a way to increase funding for civil legal aid in the next budget.

The United States Constitution guarantees legal representation for all defendants in criminal cases, even if they can’t afford it on their own. But that right is not extended to those involved in civil suits. Traditionally, legal aid for civil suits has been mostly paid for by a combination of state and federal funds, as well as by interest collected on trust accounts. Those are accounts held by lawyers that contain money kept in escrow for clients. This funding — called IOLTA funding — is often tied to bank interest rates, which leaves it vulnerable to fluctuations in the economy.

In 2007, IOLTA provided $31.8 million for legal aid in Massachusetts. This year, however, with interest rates near historic lows, these accounts are only expected to generate $4.5 million, according to the report. This, coupled with decreases in federal funding, has wreaked havoc on the program. The human costs are significant: 80 percent of eligible applicants for help with issues involving family law, which includes child support cases, were turned away. So, too, were 56 percent of housing law cases, which includes foreclosures.

The effects can be seen across the judicial system. The vast majority of judges surveyed in the report agreed that people without counsel are far more likely to present evidence incorrectly, putting their entire case at risk, or require help from court staff with the trial process. Cases can drag on far longer than they should, bogging down the court system.

The best solution is for the Legislature to increase the appropriations for civil legal aid in the next budget session. The state now spends $15 million per year on legal aid programs; the task force recommends an additional $30 million increase over three years. This still wouldn’t meet demand — in 2006, when IOLTA payments where much higher than they are today, civil legal aid agencies still turned away around 50 percent of applicants. But it would begin to address the shortfall in the system. Besides, increasing the appropriation now can lead to real savings down the line for the Commonwealth. The task force found that every dollar spent on legal aid to keep people in their homes saves the state $2 in homelessness benefits. It’s far better to invest money now for legal aid than it is to bear the costs later.

Statewide Task Force Details Need for Legal Aid Funding

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Below is an October 15 news release from the Boston Bar Association about a recent study by its Statewide Task Force to Expand Civil Legal Aid in Massachusetts.

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BBA Task Force Calls for $30 Million Boost in Annual Appropriation from State, Says Cost Savings Will Far Outstrip Expenditures

Lack of funding makes legal aid in civil cases unattainable for most low-income people in Massachusetts who need it, according to a comprehensive, 18-month study by a Boston Bar Association-led task force.

The results of the study, “Investing in Justice: A Roadmap to Cost-Effective Funding of Civil Legal Aid in Massachusetts,” show that an annual $30 million in new state funding is urgently required to help bridge the gap between existing resources and what is needed to provide appropriate civil legal aid to all who are eligible.

“The situation in Massachusetts is dire, with more than 60 percent of those who should have access to civil legal aid turned away,” said BBA President Julia Huston, partner at Foley Hoag. “This is a travesty for those affected, who are the most vulnerable and the most disadvantaged in our society and yet cannot afford legal representation to seek justice in our civil courts. The results are devastating both for these individuals and for judges and all who work in or use the court system.”

The task force additionally found that this $30 million investment would ultimately save state taxpayers money. When legal aid helps a client, the state can save on back-end costs. For example, when an attorney helps a victim of domestic abuse — to move away from her abuser — the state saves money by spending less on medical expenses. And when a civil legal aid attorney prevents a wrongful eviction or foreclosure, the state avoids the costs of sheltering homeless families. At the same time, increasing civil legal aid funding will help secure more federal benefits for deserving Massachusetts residents, bringing money into the state’s economy.

Based on very conservative calculations, the report conclusively demonstrates that each dollar spent on civil legal aid in three critical areas would produce savings and other benefits to the state and its people. In domestic-violence cases, the investment would be fully matched by savings in state medical costs, in addition to protecting victims and helping to break a pattern of abuse. In housing matters, the return would be $2.69 for every $1 invested. And in the area of federal benefits, the economy would grow by $5 with each additional $1 put toward legal aid.

Civil cases often deal with the necessities of life, such as domestic safety and shelter, yet are treated differently than criminal cases where courts are required to appoint attorneys for those who cannot afford them.

In June 2013, the Boston Bar Association created the Statewide Task Force to Expand Civil Legal Aid in Massachusetts, bringing together leaders from business, academia, and all three branches of government; attorneys from legal services, private practice, and in-house staffs; and three independent national economic consultants who provided their services for free to the task force.

Led by former BBA President J.D. Smeallie, partner at Holland & Knight, the task force set out to investigate the state of civil legal aid in Massachusetts and determine how best to fix a system that is failing to meet the needs of its people.

“The results are staggering. Our civil legal aid organizations are strained way beyond their resources,” said Smeallie. “Law firms in Massachusetts provide tens of thousands of hours in pro bono support, but the fact is the unmet need is overwhelming and can be resolved only by a concerted effort between the state and the private bar – one that requires additional funding. With help from the State Legislature, we can turn the tide on this problem and work hand in hand to expand on our mutual commitment to access to justice for all.”

As interest rates have declined over the past several years, funding for civil legal aid from Interest on Lawyers Trust Accounts (IOLTA) has dwindled from $31.8 million in 2007 to $4.5 million in 2014, yet the number of eligible people in the state has grown about 25 percent to nearly a million. The plunge in IOLTA funding puts into stark relief the long-standing inadequacies of our system in funding civil legal aid. And while these numbers can fluctuate, there are no economic forecasts that suggest funding from IOLTA will rebound in a meaningful way for many years to come. The task force report highlights the inherent unreliability of IOLTA funding and makes the case that funding for legal aid should be a public responsibility.

The task force focused on three key areas of need in civil legal aid: evictions and foreclosures, domestic violence, and federal economic benefits. The study involved intense data gathering, as well as surveys of 13 major legal aid agencies and the courts. Additionally, the task force interviewed legal services clients, to learn about their experiences, as well as employers, to better understand how the current crisis affects their business needs.

The results are contained in a 37-page report that the BBA is distributing today to its members, state and city leaders, large employers and the media. Visit here to see the detailed report.

With funding low, many legal cases going undefended (Boston Globe)

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Below is an October 14 Boston Globe article about the statewide task force on civil legal aid convened by the Boston Bar Association.

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By Megan Woolhouse

Massachusetts legal aid organizations turned away nearly two-thirds of people qualifying for civil legal assistance over the last year due to a lack of funding, leaving thousands of low-income residents without representation in cases from domestic violence to foreclosure, according to the findings of a statewide task force to be released Wednesday.

More than 30,000 low-income clients were denied legal services in 2013, meaning many were unable to pursue cases or were left to represent themselves in court, where they often lost their cases, according to the 37-page report.

“The overused word ‘crisis’ actually applies here,” said Harvard Law School’s dean, Martha Minow, a member of the task force. “When you have people who are literally not represented in actions where they can lose their homes or face physical violence, where they can’t get legal remedies to which they’re entitled, there’s a failure to live up to the rule of law.”

At least two dozen of 134 lawyers and staff at Greater Boston Legal Services have been laid off since 2008 and another nine will leave due to further cuts at year’s end.

The 32-member task force, which also included Fidelity Investments counsel Jonathan Chiel, EMC Corp. general counsel Paul T. Dacier, and Governor Deval Patrick’s chief legal counsel, Katherine Cook, was convened by the Boston Bar Association. It studied the state of civil legal aid in Massachusetts for 18 months.

Unlike criminal cases, in which legal representation is guaranteed by the Constitution, there is no such guarantee in civil cases. These cases are often taken by lawyers working for free, and by legal aid attorneys in agencies partially funded with taxpayer money.

Much of civil legal aid work is financed by the Interest on Lawyers Trust Accounts, an arcane fund generated from the pooled interest paid on small amounts of money that lawyers hold in trust for clients. That fund has shrunk dramatically in recent years, due to historically low bank interest rates.

In 2007, the fund generated nearly $32 million in annual interest; this year, it is expected to shrink to $4.5 million.

“We have a staggering problem funding legal aid in Massachusetts,” said Julia Huston, president of the Boston Bar Association. “There is a tremendous need, and that need has become more dire given the economic conditions of the last few years.”

Massachusetts spends about $15 million yearly for legal aid. The report calls on the state to provide an additional $30 million over the next three years.

The task force surveyed 13 major legal service agencies, including Greater Boston Legal Services, collecting data over three separate weeks in 2013 and annualizing it. The report characterized the findings as “stunning and discouraging.”

Overall, only one in three people who qualified for help received it, the survey found. In cases, involving family law, such as child custody and domestic abuse, four of five eligible clients were turned away. In consumer and employment cases, nearly three out of four could not get legal help.

“A whopping 11,843 disadvantaged individuals or families facing eviction or foreclosure were turned away over the course of one year,” the report said.

Ginette Brillant, a Haitian immigrant who worked at Beth Israel Hospital for 25 years, is an example of the impact that legal aid can have, according to the report. Brillant put $20,000 down on a house in Randolph and paid $1,700 a month in a rent-to-own arrangement. She later learned that her broker was a scam artist and that the house was in foreclosure.

She asked the bank’s property manager to make much-needed repairs because water was leaking from the master bedroom and bathroom ceilings. The repairs were not made, despite orders by the board of health, and the ceiling eventually collapsed, according to the report.

With help from an attorney at Greater Boston Legal Services, Brillant eventually won a judgment of nearly $50,000 in damages from the bank plus $30,000 in attorney’s fees.

Dick Bauer, a senior lawyer at Greater Boston Legal Services, said if no one had represented Brillant, she probably would have been evicted, lost her deposit, and ended up in a homeless shelter or motel.

“We’re talking mostly about people with kids,” he said, who often end up “under a bridge or spending the night in an emergency room of a hospital.”

The task force also surveyed judges, with 80 responding. More than 60 percent of the judges said the number of litigants without representation increased following the economic downturn.

Nearly 90 percent of judges said evidence was improperly presented in 90 percent of the cases in which people were not represented by lawyers. More than 60 percent said that the lack of legal representation hindered the court’s ability to ensure equal justice.

The report argued that the benefits of representing eligible people in eviction and foreclosure proceedings far outweighed the costs of providing services. It estimated that providing legal help to the poorest families and individuals alone would save the state about $25.5 million in emergency shelter services and other costs.

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