Prelude—Early Legal Aid Efforts

Although many historians trace the roots of legal aid in the U.S. to abolitionist organizations and Progressive-era women’s activism, the role of women in Legal Services has often been overlooked. Notably, 19th-century women’s clubs, settlement houses, and other women’s organizations served their communities as early pioneers of the legal aid movement. In cities such as Chicago, Philadelphia, and Los Angeles, legal aid organizations first arose to provide legal services to women—often by other women (many of whom were not lawyers) and with the support of women benefactors. Prior to the turn of the century, for example, both the Working Women’s Protective Union (WWPU) in New York and the Protective Agency for Women and Children (PAWC) in Chicago assisted women with a range of legal issues, from wage claims to domestic violence, sexual assault, household debt, and more.

Legal aid societies began to emerge more widely across the country after the Civil War. Growth of such efforts in New Jersey did not emerge for another 50 years. In general, bar association-affiliated legal aid societies were open for limited hours, staffed by volunteers. In some of the largest cities, private funds supported some paid staff. Typical services were limited to advice. Rarely, and only in a few of the largest cities, were some court appearances made.

1865

The first legal aid efforts emerge in the District of Columbia and across the South, under the auspices of the Freedmen’s Bureau (terminated in 1868).

First Growth Period (1876–1919)

1876

Der Deutsche Rechtsschutz Verein, the first legal aid organization in the United States, is established in New York City (and later evolves into the Legal Aid Society of New York). At and around the turn of the century, the Legal Aid Society of New York was one of the few legal institutions that hired and promoted women lawyers, many of whom shed light on the issues facing poor women. In 1901, Rosalie Loew was the first woman to be appointed the Society’s Chief Attorney.

Second Growth Period (1919–1930)

1919

Publication of Justice and the Poor by Reginald Heber Smith, which criticizes the absence of lawyers for the poor, brings heightened public attention to the cause of legal aid.

1920

Part of the American Bar Association’s 43rd Annual Meeting is devoted to a panel on legal aid; the Special Committee on Legal Aid (SLAID) is created, with Charles Evans Hughes as chairperson.

Essex County Legal Aid opens in Newark.

1923

The National Association of Legal Aid Organizations (later known as the National Legal Aid and Defender Association, or NLADA) is formed.

1920–1930

In an expansion of privately funded legal aid societies, 30 new legal aid organizations are established. Their annual caseload increases from 171,000 in 1929 to 307,000 in 1932.

Retrenchment and Stagnation (1930–1950)

1930–1940

Financial difficulties and unemployment during the Great Depression lead to sharp cutbacks in both legal aid society volunteers and caseloads.

1940–1950

In a decade of stagnation and apathy among the bar, few new societies are created; criticism of the ineffectiveness of legal aid begins to take hold.

Final Growth Period (1950–1960)

1950

Britain implements its Legal Aid and Advice Scheme of 1949, marking the first publicly funded legal assistance program in Anglo-American jurisprudence.

1950–1960

Spurred by the threat of a government financed scheme in the U.S., apathy and opposition wane and many new legal aid societies are created in cities. Whereas only 57% of the largest cities had legal aid societies in 1949, 79% of the largest cities have legal aid societies by 1959.

Legal aid offices open across New Jersey, in Asbury Park, Camden, Cumberland County, Elizabeth, Flemington, Mt. Holly, Somerville, and Toms River.

1960

Two hundred sixty two legal aid societies in the U.S. have a combined budget of under $4 million. The equivalent of 400 full time lawyers serve 50 million poor Americans (one for each 120,000), as contrasted with 250,000 other full time attorneys. The annual caseload varies from 466 to 2,533 per attorney.

By the beginning of the Kennedy administration, legal aid reaches a decided plateau, and is criticized as just a “band aid” operation for providing only legal advice versus representation and for its reliance on pro bono volunteers.