Those and other misconceptions and legal access issues were highlighted when more than 2,000 Americans were surveyed by The Harris Poll on behalf of Legal Services Corp. July 11-15, LSC President Ronald Flag told Law360 Pulse in an interview Wednesday.
"We're all used to watching Law & Order on TV and, on a weekly basis, seeing people being read their right to a lawyer," Flagg said. "And people assume that if you're in a child custody case, or an eviction case, or a veteran's benefit's case, or trying to get disaster relief from the Federal Emergency Management Agency, that those Miranda warnings apply to you, but they don't."
Flagg said LSC conducted the study because the organization is celebrating its 50th anniversary, using the occasion to redouble efforts to educate the public about their civil legal rights. And the results, he said, show "there are some fundamental misunderstandings about the availability or the right" to attorneys in civil cases.
According to a summary of the survey results, 56 percent of respondents said they believe they're entitled to representation in civil legal matters if they can't afford an attorney. And among adults ages 18-34, that percentage rose to 67%, according to LSC.
More than half of the total survey group said they didn't seek legal representation when faced with a civil legal issue. That includes the 63% who were contacted by creditors or a collection agency, the 56% who were fired from their jobs, and the 82% of respondents who are 55 or older and were victims of identity theft, according to LSC.
Almost a quarter of those surveyed, or 23%, said they didn't think legal representation would help their case, and another 52% of those surveyed said they didn't contact an attorney for help with civil matters related to natural disasters, according to LSC.
Americans' lack of awareness of their legal rights in civil disputes contributes to the national housing crisis, according to LSC. Among survey respondents, 31% said they had been threatened with eviction or foreclosure but didn't seek legal representation. And about 35% of the survey group said they'd reached out for legal help in those housing-related matters, but never received assistance.
"An eviction case is a bet-the-company case. It's a really cataclysmic possibility for a family that could be out on the street," Flagg said. "I think what it is, is if people feel like, 'Well, I don't have the money to pay my rent' — even if conditions in the apartment were such that you would have a claim to withhold some or all of your rent — people just assume it's a financial issue and not a legal issue, and so they don't think about lawyers."
LSC is the single largest funder of civil legal aid in the country, helping to provide legal advice and representation to 1.8 million people in 2022, according to the organization's website.
Flagg said LSC is working to educate the public about their rights to civil legal representation through events and other outreach.
He noted that in April, LSC held an event in which Attorney General Merrick Garland, U.S. Supreme Court Chief Justice John Roberts and author John Grisham spoke about their belief in the rule of law and how justice equality isn't yet a reality for low-income Americans.
Additionally, LSC partners with law firms — such as DLA Piper, Sidley Austin LLP, Kirkland & Ellis LLP and others — to provide pro bono legal services. Almost a third of Americans surveyed in LSC's study don't seek legal representation because they're worried about the cost, according to the release.
"We're a funder of civil legal services, and our law firm and corporate partners are valuable to us," Flagg said. "But more importantly, every one of them also partners with legal aid programs providing direct legal services to their communities, and both provide pro bono services to those programs, as well as financial contributions."
Programs that LSC funds provide free legal services, Flagg said, but there are some income restrictions. Applicants must be earning under 125% of the federal poverty limit, which is about $36,000 for a four-person family household.
"For a family of four — and this is anywhere in the country, New York City, Washington, D.C., San Francisco, Los Angeles — $36,000 for a family of four is not going to go very far," Flagg said.
— Additional reporting by Andrew Strickler. Editing by Amy French.
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