January 27, 2010

Good morning.  On behalf of the Boston Bar Association, I want to thank you for taking the time to come and advocate for adequate funding for legal services in the Commonwealth and access to justice for all. 

Funding for legal services has always been insufficient to meet the needs of the poor in the Commonwealth.  But this year the need has soared, as funding has diminished. 

Each day, those eligible for legal aid programs are turned away due to a lack of resources, despite the efforts of hard-working legal services lawyers to serve them.  Our courts are full of low-income people with critical legal needs who attempt to navigate the system by themselves, further burdening our judges and court clerks. 

As lawyers we know that these people need the assistance of an attorney to obtain the relief they need. 

Let me mention just three metrics -- also mentioned in your materials -- that deliver this message very plainly:

The case load for housing, health care, child custody and employment matters has increased by 25 to 40% at legal services agencies.

IOLTA revenue for legal services has dropped from $17 million to $6 million -- by 63% -- because of fewer transactions and lower interest rates on funds held by lawyers.

Legal services representations led to $73 million in federal funding and cost savings benefits for our citizens.

So, today, on the day that Governor Patrick releases his budget, and as the House and Senate began to prepare their versions of the budget, it is important that legislators in your visits hear our two simple messages: 

First, level funding of legal services is the right thing to do, because it provides an essential service to their constituents.  By adequately funding legal services, we let the most disadvantaged among us get back on track with their lives, with an efficient means of delivering human services. 

Second, funding for legal aid is also the smart thing to do.  It is an investment in our fellow citizens and saves the Commonwealth money.  Every dollar spent on legal services today benefits all of us in the long run. 

Individual members and sponsor firms of the Boston Bar Association, and the private bar generally, dedicate a significant amount of time and resources to pro bono representation.  But volunteers are never a substitute for adequate funding by government for legal aid, or for the expertise that legal services lawyers so ably bring to the representation of their clients.

Funding by the Commonwealth, pro bono legal services, and private donations to legal services organizations -- all three -- are needed for legal services lawyers to meet their clients’ needs in a time of economic crisis. 

Today, and throughout every step of the budget process, which will go on until June, the BBA urges you to be alert for news about the legal services appropriation and to reach out to your legislators -- by a visit, a letter or a phone call -- to remind them that civil legal services are essential constituent services. 

And finally, on behalf of the Boston Bar Association, let me thank the lawyers, paralegals, and staff of our legal service organizations -- and leaders such as Lonnie Powers, Bob Sable, Betsy Soule, Meg Connolly, Jayne Tyrell, Julia Huston, and Pattye Comfort -- to single out just a few -- our colleagues at the Massachusetts Bar Association, and all of the members of our legal community, who work tirelessly to obtain adequate funding for legal services, not just on Walk to the Hill Day, but every day.

Thank you.