AUGUSTA - A bill introduced by Rep. Charles Skold, D-Portland, seeks to help low and low-to-moderate income Mainers obtain legal representation in civil court proceedings regardless of their ability to pay for a lawyer.
Under current Maine law, with certain exceptions, all parties in a legal matter must pay their attorney fees, regardless of who prevails. LD 1259 would change this and allow individuals who meet certain income requirements to recover costs and attorney's fees from businesses and other organizations in the state if the individual wins the case.
"This legislation will ensure lower-income Mainers have a fighting chance to obtain legal representation," said Skold. "Whether facing a wrongful eviction, or being denied lawful benefits, or defending against unfair debt collection, too many people can't afford the legal representation they need and deserve. This bill would be a huge step forward in ensuring equal access to justice for everybody, regardless of socioeconomic status."
The current costs of navigating the legal system are particularly burdensome for low-income individuals who often lack the resources to hire legal counsel. According to a recent report by the Legal Services Corporation, 92% of low-income Americans receive inadequate or no professional legal assistance for their civil legal challenges in any given year. This bill would enable Maine lawyers to take on more pro-bono cases by giving them a certain expectation of reasonable compensation if their client prevails.
The bill is being supported by numerous organizations, including Disability Rights Maine, the Maine ACLU and the Southern Maine Worker's Center.
"Workers, tenants and low-income individuals across our state often lack access to an attorney when they are evicted, injured on the job, denied unemployment or forced to live or work in unsafe conditions," said Ronny Flannery, a community organizer with the Southern Maine Workers' Center. "It's for these reasons that we are encouraged to partner with Representative Skold, this bill's co-sponsors and other advocates in bringing this needed change forward. The plain justice of this issue is clear: we need to reduce the financial barriers that prevent workers and tenants from accessing justice, and protect every Mainer's right to an attorney."
If enacted, the legislation would make Maine the first state in the nation to establish access to civil legal representation for lower-income individuals in a standardized way. The legislation builds upon existing Maine law that shifts the obligation to pay a winning party's attorney fees to the losing parties.
The Legislature's Judiciary Committee will hold a public hearing on the bill on Thursday, April 6, at 1 p.m.
Through the Legislature's website, members of the public can view public hearing schedules, sign up to testify live before the committee and access a livestream of the committee hearings online.
Rep. Skold, a member of the Labor and Housing Committee, is serving his first term in the Maine House and represents District 119, which comprises of downtown Portland, Munjoy Hill and the Casco Bay Islands.
Contact:
Brian Lee [Skold], c. 305-965-2744