Financial Assistance Options for Legal Fees in Hawaii

 

Financial Assistance for Legal Fees in Hawaii

Paying for a lawyer can be really expensive, but there are options in Hawaii for people who need help with legal fees. This article will explain the different programs and resources that provide free or low-cost legal help.

Legal Aid Society of Hawaii

The Legal Aid Society of Hawaii offers free civil legal help to low-income individuals and families across Hawaii. They help with cases involving housing, family law, consumer issues, benefits programs and more.

To qualify for their services, you need to meet certain income limits based on your household size. For example, for a family of 4 the limit is $52,400 per year. Legal Aid has offices on Oahu, Kauai, Hawaii Island, Molokai and Lanai.

You can reach their intake hotline at:

  • Oahu: 808-536-4302
  • Neighbor Islands: 1-800-499-4302

The intake is open 9am-11:30am and 1pm-3:30pm on weekdays. If you get voicemail, leave a message and they’ll call you back within a couple days.

Legal Aid doesn’t handle criminal cases, but they can help with related civil issues like custody, visitation and restraining orders. They also don’t do personal injury cases.

Volunteer Legal Services Hawaii

Volunteer Legal Services Hawaii (VLSH) provides free civil legal help through pro bono attorneys. They assist people who meet income limits based on family size, which are a bit higher than Legal Aid’s limits.

To get help from VLSH, you need to call their intake line:

  • Oahu: 808-528-7046
  • Maui: 808-727-8210
  • Hawaii Island: 808-313-8210
  • Kauai: 808-698-8210

VLSH will screen you over the phone for eligibility based on income and legal issue. If you qualify, they’ll schedule you for an appointment at a legal clinic with a volunteer lawyer.

They charge a small administrative fee based on your income, typically $50-$150. VLSH helps with housing, family law, consumer issues, wills and estates, and other civil cases.

Court Fee Waivers

If you can’t afford court filing fees, you can request a fee waiver from the court. This allows you to file documents without paying the fees.

To get a waiver, you fill out a motion form and submit it to the court along with proof of income like recent paystubs or benefit statements. The clerk will review it and decide whether to approve the waiver.

Fee waivers are available in District Court and Family Court cases. The limits are based on the federal poverty guidelines. For example, if you’re a single person making less than $13,590 per year, you would likely qualify.

Pro Bono Programs

Some private law firms and individual attorneys offer free legal services for low-income clients through pro bono programs. These are cases the lawyers take on voluntarily without pay.

The Hawaii State Bar Association and Hawaii Justice Foundation run pro bono programs that connect eligible clients to volunteer lawyers. Cases cover a range of civil legal issues including family law, housing, consumer disputes and more.

To apply, you’ll need to contact the program and provide documents to verify your income. If accepted, they’ll refer your case to a pro bono attorney.

Law School Clinics

The two law schools in Hawaii – University of Hawaii and Hawaii Pacific University – operate legal clinics where law students provide free services under attorney supervision.

The clinics at UH Manoa Law School include family law, immigration, native Hawaiian rights, entrepreneurship, environmental law, and others. HPU’s clinics focus on small business advising and tax assistance.

These programs are open to low and moderate income clients who meet the eligibility criteria. Contact the law schools for intake information to see if you qualify.

Unbundled Legal Services

Some attorneys offer “unbundled” legal services, meaning they assist with only part of a case. For example, a lawyer might help you prepare documents or provide advice, while you handle other tasks yourself.

This costs less than full representation. Look for lawyers who advertise unbundled services, limited scope representation, or legal coaching. Be sure to get a clear agreement defining the lawyer’s role and fees in writing.

Payment Plans

If you don’t qualify for free legal aid, some private attorneys may allow you to pay in installments over time. Many lawyers are open to negotiating payment plans or reduced rates for clients with financial limitations.

Be upfront about your situation when meeting with attorneys. Get any payment agreement in writing before hiring the lawyer. Make sure the plan is affordable for your budget.

Legal Insurance

A small but growing number of employers offer legal insurance plans as part of employee benefits. If available through your job, this covers attorney fees for common legal matters like wills, family issues, real estate transactions, and consumer problems.

There is usually a monthly premium paid through payroll deduction. When you need legal help, you contact the insurance plan and they assign you a contracted lawyer. Make sure to understand the plan coverage and limits.

Legal Clinics

Various non-profit organizations around Hawaii host free legal clinics where attorneys provide brief legal advice. For example, the YWCA has monthly clinics for domestic violence victims.

University law schools also hold public clinics on special topics like landlord-tenant disputes, veterans’ benefits, and bankruptcy. Check for upcoming clinics through community calendars and announcements. These offer a chance to ask questions and get basic guidance.

Mediation Services

Mediation involves meeting with a neutral third party who tries to help resolve disputes through discussion and negotiation. It’s less formal and often cheaper than going to court.

Non-profits like the Mediation Center of the Pacific provide mediation for issues like divorce, custody, neighbor conflicts, business problems, and more. Fees are based on income.

For small claims disputes under $5,000, the state Center for Alternative Dispute Resolution offers free mediation by trained volunteers. This must be court-referred.

Payment Assistance Programs

For certain legal situations, there are programs that help pay attorney fees and other costs:

Self-Help Resources

For simpler legal procedures, you may be able to handle tasks on your own using self-help materials instead of hiring a lawyer. Resources include:

  • The state Law Library has guides on court procedures, family law, small claims and more.
  • LawHelp.org/HI provides information on common legal issues with forms and resources.
  • The Hawaii State Judiciary website has DIY court forms you can download and fill out.
  • Public libraries have books like “Nolo’s Guide to Hawaii Divorce” with detailed instructions for handling your own case.

While less costly, self-help has risks if you don’t fully understand the legal process. Consider at least consulting a lawyer at the beginning to avoid complications.

Bottom Line

The cost of legal representation can seem overwhelming, but Hawaii residents do have options. Free help is available for those who meet low income limits through Legal Aid, Volunteer Legal Services and other programs. Those above the limits may benefit from pro bono assistance, payment plans, unbundled services and self-help materials.

With some research and planning, you can find an affordable way to get the legal help you need. The key is being aware of the resources in our community and making use of them. Don’t be afraid to ask questions and explore your choices.

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