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An elderly woman was left with 16 cents in her bank account after a creditor illegally seized her money — and her case illustrates why people who can’t afford a lawyer in civil matters need one.
The 76-year-old was notified by an auto dealership that she was more than 20 years delinquent on a debt which was about to be collected, said Ann Kloeckner, executive director of Legal Aid Works, or LAW. The woman thought the notice was a mistake and ignored it — until the creditor took $10,000 out of her checking and savings accounts, leaving her a grand total of 16 cents.
In distress, the woman appealed to LAW. For 50 years, the nonprofit organization has provided free legal services to needy people in civil cases, such as those involved in consumer law like the elderly woman, or facing evictions, in child custody disputes or in need of protective orders in domestic-violence situations.
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The attorney showed the woman’s money came solely from her monthly Social Security checks — payments which cannot be garnished under the law — and that the woman’s daughter was responsible for the debt, Kloeckner said.
The dealership refunded what it had taken and had to look elsewhere for payment. The case is typical of what happens when people don’t know their rights or how to protect them, she said.
“Somebody more powerful has taken some sort of action against them and they literally have no way to figure it out on their own,” Kloeckner said.
But then, who can navigate the often complicated world of the legal system without the proper training? Kloeckner pointed out that it’s not “about smarts, it’s about knowledge,” and that expecting someone to know how to introduce evidence or cross-examine a witness without the knowledge is like expecting a person who hasn’t been to medical school to perform surgery.
While almost every legal drama on television stresses a person’s rights as outlined in the Miranda warning — including the right to have an attorney appointed if you can’t afford one — that applies only to criminal cases, not civil ones.
When a person doesn’t have the money to hire a lawyer in a civil matter, “the short, sad answer is that he or she is out of luck,” Kloeckner said.
In an effort to level the playing field, a team of volunteer attorneys established the first legal aid office in the Fredericksburg area half a century ago. Known then as Rappahannock Legal Services Inc., the agency set up an office in the city to serve Fredericksburg and the counties of Caroline, King George, Spotsylvania and Stafford, according to LAW’s history.
Within seven years, the agency also opened offices in the Northern Neck and Culpeper County. LAW currently serves 17 localities with an estimated 53,000 low-income people who qualify for free legal services, Kloeckner said.
“They cover an extraordinary range, an area the size of Connecticut,” said Mary Katherine Greenlaw, Fredericksburg mayor. “They are a major contributor to the general health of the community.”
When Greenlaw gets emails from people facing various financial problems or evictions, she refers many of them to Legal Aid.
“They’re right on it,” she said. “You know they’re going to take care of it.”
Greenlaw will be recognized on Aug. 24 with LAW’s Champion of Justice award. She’ll also be the keynote speaker during a fundraiser called the “Golden Cocktail Hour.” The event will celebrate “50 years of Justice by Legal Aid Works” and be held from 4:30-6:30 p.m. at the Jepson Alumni Executive Center in Fredericksburg.
LAW is looking for sponsors and participants. More information is available online at legalaidworks.org/50th-anniversary or by calling 540/371-1105.
Also at the event, the nonprofit will celebrate its half-century milestone, the people who had the vision to start the agency and the ones who’ve kept it going. LAW currently receives money from 44 funding sources including grants, donations, fundraisers and an annual event called Jazz 4 Justice.
Its paid staff of 23 people includes seven lawyers responsible for covering cases in 51 courts throughout the 16 counties and one city. LAW also depends on lawyers who volunteer their pro-bono services, and Kloeckner estimates that of the 600 attorneys in their coverage area, “maybe 10 help us.”
One who will be recognized during the anniversary event is Mark Wickersham of Richmond. Last year, he was looking at a statewide portal for legal aid agencies, “like a classified listing,” he said, and saw a number of requests from LAW’s region for uncontested divorces.
Wickersham is a partner at Hunton Andrews Kurth and focuses on corporate and securities matters. His firm has been doing volunteer work at the Central Virginia Legal Aid Society for decades, and Wickersham offers his pro-bono services there as well.
The idea of handling uncontested divorce cases appealed to him because he could do the work in-between his corporate cases. As a result of the COVID-19 pandemic, more information for legal matters had been gathered virtually, instead of in-person depositions, and Wickersham decided to continue that practice.
Kloeckner said his “clever and innovative approach” has allowed him to complete seven uncontested divorces for clients from Madison County to Colonial Beach. He’s working on five more divorces, which are among the most frequently requested services, Kloeckner said.
But because the nonprofit has to devote its limited resources toward the most immediate cases, such as people who may be homeless after evictions or lose their children in custody battles, she said divorce cases sometimes go on the backburner.
Wickersham said he’s dealt with couples who’ve been separated for decades and couldn’t afford to “close the chapter and move on to the next one.” When he completes a case and calls the client with the news, he said he often has to hold the phone away from his ear.
“I get a scream of delight, which is wonderful,” the Richmond attorney said. “Everyone is just so happy to have help.”
Cathy Dyson: 540/374-5425
