Court & Hearings

Legal aid lawyers can provide legal assistance at no cost to those who qualify for services. Depending on how programs are funded and staffed, legal aid lawyers may provide legal advice and information, draft documents, and represent people in court. Studies show that around 20% of Americans are eligible for free civil legal aid.

Unfortunately, there are simply not enough legal aid lawyers in Illinois to meet the need. There are 4.4 civil legal aid lawyers for every 10,000 residents living in poverty.  Moreover, although around 80% of criminal defendants cannot afford a lawyer and may be entitled to free representation due to their income, many public defender offices are operating at extremely high capacities.

What kinds of free legal help can I get?

Civil legal aid lawyers in Illinois are licensed lawyers who focus on helping people with their basic human needs, such as safety, shelter, food, medical care, and income. Their job is to help people with everyday legal problems like family law, housing, and consumer debt issues.

For criminal issues, there are public defender offices. A public defender office is a government-funded agency that provides free legal defense to those who cannot afford to hire a private lawyer. There are also pro bono Legal work done for little or no cost lawyers and legal aid organizations. Some private lawyers and nonprofit organizations offer pro bono (free) legal services for those in need. Legal aid groups, law school clinics, and bar associations sometimes take on criminal cases, especially for low-income individuals, though most legal aid organizations have funding restrictions that do not allow them to take criminal cases.

For civil cases involving children, the court may appoint a lawyer to represent the child, such as:

• Child Representative- advocates for the best interests of the child
• Guardian Ad Litem A person appointed by a judge to help the judge make a decision in a guardianship or family law case - makes recommendations to the court based on the best interest of the child
• Attorney for the Child- represents the child's wishes and presents them to the court
• Court Appointed Special Advocates- volunteers supervised by a court appointed program who advocate for the child in child protection cases

Learn more about  Child representatives, guardians ad litem (GAL), and attorneys for a child, and DCFS cases and child protection services.

Who qualifies for legal aid?

Current funding for civil legal aid in Illinois is directed toward providing services to US citizens with income up to 125% of the current Federal Poverty Guidelines. In some cases, people with incomes at 150% or more of the federal poverty level may qualify for legal aid.

Other special communities may also qualify.  Senior citizens, veterans, the homeless, and people with disabilities may get legal aid services regardless of income. Certain non-citizens who are lawfully present in the US may also qualify for legal aid services, as well as undocumented immigrants.

However, despite all of this, there are not enough civil legal aid lawyers to serve Giving court documents to someone everyone who meets these qualifications.

For help with a criminal case, the court may appoint a public defender to represent you. To get one, you usually have to show financial hardship to the court.

There is no current Illinois law that defines a specific income limitation for court-appointed representation. It is up to the judge to determine whether or not the Public Defender will be appointed. When considering your eligibility, the judge may ask you to complete an affidavit A notarized written statement signed by a person under oath detailing your financial situation, including income, employment, housing or other financial information.

For cases that involve current imprisonment or imprisonment for at least one year, you have the right to representation during interrogation, trial, and sentencing. For offenses that do not involve potential jail time, including certain minor A person under 18 years old traffic violations, you typically will not have the right to a court-appointed attorney. In counties with a population over 3,000,000, public defenders may act as attorney to noncitizens in immigration cases.

How do I apply for help?

There are a few different ways you can apply with a legal aid organization for help. You can use Get Legal Help to get matched with legal aid organizations that may be able to help you. In some instances, you can even complete an online application through the portal.

You can also look at the websites of different legal aid organizations through Google and call them to complete an intake The screening process children who are arrested go through before seeing a judge. Intake procedures are often conducted by intake officers, probation staff, case and social workers, or police. application.

For help with a criminal case, some legal aid organizations where you can apply through their website include:

• Innocence Project- Represents cases of those wrongfully convicted
• Cabrini Green Legal Aid-  Represents limited cases of low-income individuals facing the criminal system and offers social support services
• ACLU of Illinois (American Civil Liberties Union)-  Represents cases of those whose rights were violated

Public defender offices include:

• Law Office of the Cook County Public Defender- Represents cases of residents in Cook County
• Office of the State Appellate Defender- Represents cases in Illinois appellate courts
• Office of the Public Defender - Central District of Illinois- Represents federal cases in the Central District of Illinois

Does legal aid have to take my case?

For civil legal aid, an organization does not have to take your case. They will look at several factors when deciding whether to take your case.

For criminal cases, an organization does not have to take your case. However, if you request a court-ordered appointment for a lawyer, a lawyer may be assigned to your case.

What factors are considered when legal aid is deciding to take my case?

Legal aid lawyers may look at a variety of factors in determining whether they can accept your case. They may see if there is enough staff time and resources in the organization available to help you. They may consider the complexity of your issue. They may look at whether your particular legal objective aligns with the organization’s goals and priorities. Some legal aid organizations have grants that impose certain restrictions.  If there is a conflict of interest (such as previously representing the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. in your case), the legal aid organization will not be able to help you.

For criminal cases, legal aid may look at a variety of the same factors as a civil case. This includes the merit of your case and your need, such as wrongful convictions, constitutional violations, etc.

For cases involving children, the court may look at a variety of factors. The court may look at the severity of what is being disputed, including custody, visitation Time spent between a child and a person who is not the parent , education, parentage The relationship between a parent and a child , property interest, or the best interest of the child. The court may decide to appoint one, one or both of the parents may also request the court to appoint representation. For Court Appointed Special Advocates, a petition (noun) A written request to a court (verb) To request from a court may be filed, and the court will assess if they have enough volunteers.

How is legal aid funded?

Civil legal aid organizations in Illinois can be funded by different entities, including:

• Private foundations
• Legal Services Corporation
  • Legal Services Corporation is a private, non-profit organization, which serves as the largest funder of civil legal aid in the United States, providing grants for legal aid providers. Legal Services Corporation is funded by Congress through the Legal Services Corporation Act.
• Illinois Equal Justice Foundation
  • Illinois Equal Justice Foundation is an Illinois-based, private, non-profit organization that provides grants to both legal aid providers and community-based groups aimed at improving legal accessibility. Illinois Equal Justice Foundation is funded by the Illinois General Assembly with the Equal Justice Act.
• Lawyers Trust Fund of Illinois
  • Lawyers Trust Fund of Illinois is a non-profit organization that provides grants to Legal Aid Foundations generated by the Interest on Lawyers’ Trust Accounts (IOLTA) Program.

Criminal public defender offices in Illinois are funded by different entities, including:

• State of Illinois budget
• County budget
• Federal grants
• Private foundations

What options do I have if I cannot get free legal help?

If you want to talk to a civil lawyer or get one to help you but legal aid organizations cannot take your case, you can also look at:

• Telephone hotlines, such CARPLS Cook County Legal Hotline
• Help or advice desks, such as those in the Circuit Court of Cook County
• Walk-in clinics, such Legal Aid Chicago Clinics and CVLS Clinics
• Hiring a lawyer who offers sliding-scale pricing or extended payment plans
• Paying a private lawyer to help with specific tasks in your case through Limited scope representation agreements.  Limited scope representation, also known as “unbundling,” is when you and a lawyer sign a written agreement, allowing the lawyer to only handle specific tasks. For this reason, limited scope representation is typically provided at a reduced fee and can be an affordable option.
• Using a paid consultation to discuss self-representation, such as the Illinois State Bar Association lawyer referral service ($25 for 30 minute consultation)
• Websites that provide self-help legal information, such as Illinois Legal Aid Online
• Hiring a private lawyer

To contact a criminal defense lawyer for help:

• Check Justia for a list of low-cost legal-assistance with criminal law issues
• Contact the local bar association in your county for a referral to a lawyer

Asking the judge to appoint you one. Anyone facing a jail sentence has a right to a lawyer.