Arkansas Access to Justice

Modest Means Panel Will Help Arkansans Caught in the Justice Gap

By Grace Wewers

Far too many Arkansans are priced out of the legal system. Let’s take a look at the situation through the eyes of a typical moderate-income Arkansan; let’s call her Jane Smith. Jane is a working mother of two. She has a job, working 40 hours a week plus overtime, but she still barely makes ends meet. Jane has been separated from her husband for many years without any contact between the two, and she has decided it is finally time to get a divorce. She initially applies for legal aid, but because Jane earns just above their financial requirements, she cannot get help this way. Jane cannot afford an attorney’s usual rates without giving up basic necessities for her and her children. Without anywhere else to turn, Jane would be unable to obtain representation in her simple divorce action. Now, however, there is a way for Jane to get representation. Community Legal Access is a new nonprofit in Arkansas, searching for attorneys to join its Modest Means Panel.

Arkansas is in an attorney shortage crisis. The problem is particularly acute in Arkansas’ more rural counties, with at least one county having no attorneys.1 There is a great need for affordable legal help in Arkansas, particularly for those living in more underserved, rural areas. Through the use of platforms such as Zoom and Skype, attorneys have more tools than ever to help serve these underrepresented persons.

Arkansas is far from a rich state. Its residents have a median income of $26,315.2 While those who can afford legal representation or qualify for free legal aid3 are able to acquire at least some kind of assistance through paid attorneys and pro bono work, there is a significant population left to handle their legal troubles without representation. Community Legal Access plans to use its Modest Means Panel to help fill this gap in representation.

The purpose of Community Legal Access’ Modest Means Panel is to make affordable legal services available to low and moderate-income people in Arkansas, like Jane, who do not qualify for free services through legal aid. Community Legal Access does not engage in the practice of law itself; its main goal is to facilitate attorney-client relationships, at a fixed rate that modest-income people can afford. Part of facilitating these relationships includes recruiting attorneys to join Community Legal Access’ Modest Means Panel. As a part of the Modest Means Panel, Arkansas-licensed attorneys will be matched with clients, like Jane, who are seeking affordable, fixed-rate representation in a variety of cases, including domestic relations, bankruptcy, adoptions, guardianships, wills, probate, real property transactions and disputes, employment matters, landlord/tenant conflicts, consumer protection, insurance matters, and immigration. Jane would apply to Community Legal Access for assistance, and if she meets the program’s income criteria, she would be matched with an attorney who handles divorce matters.

Clients will be screened by Community Legal Access to identify those with potentially solvable legal issues who make too much money to qualify for free services, but do not make enough to be able to afford the regular rate of attorneys in Arkansas. Once Jane and her attorney are paired, the two would meet for an initial consultation. After this meeting, the attorney and Jane will each decide whether they want to accept the representation. If both parties agree, Community Legal Access will then step out of the relationship and the attorney will carry on Jane’s divorce until the case concludes. As a part of the Modest Means Panel, Jane’s attorney will accept a reduced, fixed rate fee.

This is a great opportunity for all attorneys to help struggling Arkansans like Jane, while still getting paid for their work. If you are interested in joining Community Legal Access’ Modest Means Panel, please email us at communitylegalaccess@gmail. com or call Tony Mansell at (501) 2406542.

Endnotes:

1. Profile of the Legal Profession 2021, American Bar Association, https:// www.americanbar.org/content/dam/aba/ administrative/news/2021/0721/polp.pdf (last visited Dec. 15, 2021). 2. Arkansas, U.S. News, https:// www.usnews.com/news/best-states/ arkansas#state-rankings (last visited Dec. 14, 2021). 3. 45 C.F.R. § 1611.3. ■