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LEGAL SERVICES AND YOU

LEGAL SERVICES AND YOU. INDIAN CIVIL NATIVE ISSUES. WHAT ARE LEGAL SERVICES?. Legal Services Corporation is an independent non-profit corporation that distributes funds to grantee civil legal aid programs throughout the nation.

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LEGAL SERVICES AND YOU

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  1. LEGAL SERVICES AND YOU INDIAN CIVIL NATIVE ISSUES

  2. WHAT ARE LEGAL SERVICES? • Legal Services Corporation is an independent non-profit corporation that distributes funds to grantee civil legal aid programs throughout the nation. • Founded in 1974, LSC is a national bargain: for very little money, it fulfills critical representational needs at low cost and assures low-income persons access to court systems. • Grantee programs provide direct legal services to persons, as well as pro se forms, or advice. • LSC also funds specialized programs, including Indian law programs. These include five “stand-alone” programs, such as Oklahoma Indian Legal Services, and 27 ”component” programs in general legal aid offices across the nation.

  3. Indian Legal Services Indian legal service programs (ILS) may have wildly varying roles. Some represent individual Indian people in civil cases in state, tribal or federal courts. These cases may be limited to “status-related cases;” these are cases directly connected to the political status of being a tribal member. Some ILS only provide representation to tribes. Some ILS only work on reservations and do not go to state courts. Some ILS will work on any civil case and just count it as “Indian law” if the person is a tribal member. THE STAND-ALONE PROGRAM LOGOS

  4. What sort of cases are “Status Related?” • Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. • Trust or Restricted Property (Five Civilized Tribes) • Trust Realty • Osage Headrights • MHO Homes • Sovereignty • Indian Civil Rights • Fishing and Hunting Rights • Scholastic and Graduation Issues • Treaty Rights • Other Actions Directly related to the Status of “Indianness.”

  5. How to find Indian Legal Aids • Look for “Indian legal services” on the Google • Contact local legal aid programs • Ask your Tribe!

  6. Legal Service Corporation Requirements • LSC requires certain income guidelines in order to be represented by an LSC program. • These guidelines are above the poverty line. There may be certain cases that can be accepted at a higher level of income. • There are some cases that LSC prohibits : • Political Activity • Voter Rights • Fee Generating (Tort) cases • Class Actions • Criminal Actions (except in tribal Court) • Representation of Prisoners • Abortion • Assistance in euthanasia (assisted suicide)

  7. The General Process • Legal Aids require a Client Service Application (CSA) which requires an interview with the applicant. The interview will cover: • Income and income sources • Marital status • Citizenship status • Persons in the household • Veteran status • Native status • Legal status • A full description of the legal issue

  8. I’ve done an application. Now What? • Now, we wait…. • Just kidding! LSC offices try to respond very quickly and affirmatively to client applicants. • Cases can be accepted for legal representation, staffed for advice, or some other level of service. They can also be rejected for several different reasons.

  9. The best part: you don’t pay for LSC-funded attorneys! If you are accepted as a client, there is no fee to you! You may have to pay filing fees and associated court costs, like publication, etc.

  10. Questions? Comments? Innuendo? • Don’t say anything. This guy could talk all day….

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