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NCLC's Litigation Project is intended to help counsel across the country
preserve and expand the ability of low income and elderly consumers to
gain access to the justice system and to help meet the chronic and vast
unmet legal needs of elderly and low income Americans. Specifically, by
becoming directly involved in cases NCLC hopes to promote the availability
of outside resources for these clients in the form of high quality pro
bono and traditional representation by private attorneys, legal services
programs, public interest groups and other organizations. We anticipate
working together as a team on cases in order to achieve the broadest available
relief on behalf of the most vulnerable consumer populations in our community.
Because of NCLC's limited resources, it is not able to receive and review
complaints sent by consumers. Individuals seeking representation must
seek local counsel. For assistance finding a lawyer, click here.
NCLC's litigation activities are restricted to consumer law matters
only, focusing on areas where low income consumers do not have access
to high quality legal representation or in cases where low income consumers
may benefit from NCLC's specialized expertise, particularly in the areas
of consumer sales and services, credit, bankruptcy, preservation of affordable
home ownership and the provision of services low income utility users
and potential users. NCLC does not join in representation in personal
injury, mass tort or consumer product liability cases. |
Case
Updates
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NCLC will screen
matters referred by counsel on a case-by-case basis. Factors that can
influence case selection may include the importance of the legal issue
to lower income or elderly consumers; the special expertise of NCLC as
it relates to the legal issue; the relief available; the possibility that
a successful outcome will lead to a greater availability of outside counsel
in future cases; the availability of staff resources; the potential impact
on industry standards, patterns of practice, systemic issues, and applicable
legal standards and principles; the novelty of the issues presented; whether
the private bar already is providing adequate representation with regards
to the issues presented; the likelihood of success on the merits; the
availability of qualified co-counsel; the possibility of conflicts of
interest; and the cost of the litigation.
In general, the income of all clients represented by NCLC must not exceed
200% of the federal poverty level or meet the eligibility
standards for the publicly funded provision of civil legal services.
Alternatively, NCLC also may represent anyone who is sixty (60) years
of age or older. NCLC has a special interest in the representation of
non-English speaking and/or undocumented clients as well as in the support
of victims of domestic violence. NCLC does not consider the ability of
the client to pay attorneys fees in case selection and will not require
its clients to pay attorneys fees from their own income or assets other
than from an award in the cases in which they receive representation from
NCLC.
Why Cocounsel With NCLC?
A very good question! NCLC certainly does not have an endowment account
flush with cash to expend on litigation. Nor do we have a multitude of
minions to throw into a case. What we do have to offer, however, are a
unique set of resources that we believe can play a critical role in the
delivery of legal services to low income and elderly consumers.
First, and foremost, is the Center's reputation as the leading national
expert on legal and policy issues concerning low-income consumers. For
thirty years, NCLC has earned respect for its dedicated, informed and
well-researched advocacy on behalf of its constituents. The professional
integrity of the organization, which NCLC has never compromised while
it passionately pursues its goals, consistently has been recognized by
the courts. NCLC will not become involved in a case unless the consumer
issues presented are material, significant and meritorious. Therefore,
NCLC's participation in a consumer case will impact upon the way the action
is perceived by adversaries, the court and the public.
Second, NCLC's on-going review of consumer laws, policies and cases
for its publications and treatises provides efficient access to some of
the most valuable research available in the field. The most up to date
consumer law developments are tracked and analyzed. Successful pleadings,
motions, arguments and settlements in consumer cases from across the country
are collected for easy reference and use. The best legal experts in the
practice, those that know the most recent trends and theories, already
are on our staff. The economies of saved researched time and effort are
extremely valuable.
Third, NCLC's work always has been national in scope. It is commonplace
for Center staff to be engaged in projects with public agencies, community
advocates, public interest organizations, private lawyers as well as legal
services offices from across the country. Our broad consumer practice
has afforded us a special cache between, and among, widely disparate groups
that ordinarily would not be natural allies. Yet, NCLC has sufficient
credibility and trust among all of these potential partners to be able
to create coalitions that are stronger, and more effective, than any individual
effort could be. Consumer law reform efforts usually result in vigorous,
focused, well-financed industry deterrent responses. In order to meet
this challenge, and to share the cutting edge risks and expenses that
often must be undertaken to achieve true, meaningful systemic change on
behalf of consumers, we must be able to work together.
Finally, we simply must increase the number of private attorneys who
handle consumer cases on behalf of individual low income and elderly clients
in order to supplement the already taxed resources of legal services offices.
NCLC hopes to attract interested lawyers to a consumer-oriented practice
by providing opportunities for training and experience through co-counseling
arrangements. NCLC will set the example for ethical, principled consumer
law practices and will encourage broader participation in such efforts
by directly joining the litigation battle in partnership with new recruits
as well as seasoned veterans.
Where Do You Fit In?
For those of you who already practice consumer law, please consider the
NCLC Litigation Project for referrals of appropriate cases or potential
co-counseling agreements. We can help you evaluate your case and put together
the best possible team to win your case. We also hope that you will make
yourselves available when, and if, we need to contact you for support,
assistance and participation.
For those of you who had your consumer law practices constrained because
of Legal Services Corporation funding restrictions, we still can work
together, as we traditionally have for over 30 years, on behalf of low
income and elderly individuals. You are on the front line, in the trenches.
As a direct service provider, you can be our eyes and ears in a way that
we never can. If you pick up on a suspicious business practice or a worrisome
consumer trend through your clients and their cases, think of us for a
potential referral. By assembling an appropriate team, we may be able
to achieve an expedited systemic remedy that will spare you from a long,
inefficient, case-by-case response.
For those of you who have not yet become involved in a consumer law
practice, you will not be alone when you do jump in. NCLC will be there
too, fighting this important fight by your side. The stakes are too high
for low income and elderly consumers for any of us to stay on the sideline.
The time has come for us to enter the fray. Together, we will make a difference.
NCLC also provides affordable consumer law consulting
services for attorneys.
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