Americans with Disabilities Act violation?

[j lindsay]

I am a disabled senior citizen and live far below the poverty level---but despite that I have been able to work from home and earn enough to keep a roof over my head and a few other disabled folks through the years. I am fully qualified to utilize the services of our State's Legal Aid, and did so a few years ago. I had a civil issue with a former domestic partner and she obtained counsel through the legal aid offices. Apparently, our legal aid offices will not fund both sides of a civil issue, and I was turned away for legal help when matters escalated and I needed some help. I was told there was a 'conflict of interest' and could not be helped because of it---no further information. My tenant also tried to get help, and was refused on the same grounds. Now, my house has been foreclosed upon because of actions on the part of my ex-partner's attorney. If I had the services of an attorney, I am certain the outcome would be different---way different.

So, the ADA does not permit discrimination from organizations who receive Federal funding. It is a clear fact that our legal aid group receives Federal funding through Legal Services Corporation. Have I not been discriminated against? This favoritism towards the first one to ask for legal help is completely ludicrous. Why bother at all? This creates a completely unfair and uneven playing field. As I stated, with an attorney, I am certain this action could have been stopped and I would still have my house---a house which has provided accommodations for other disabled folks for the past 18 years. Should I file with the ADA or look for an attorney?

Thanks in advance.

 

[Shadowbunny]

I am a disabled senior citizen and live far below the poverty level---but despite that I have been able to work from home and earn enough to keep a roof over my head and a few other disabled folks through the years. I am fully qualified to utilize the services of our State's Legal Aid, and did so a few years ago. I had a civil issue with a former domestic partner and she obtained counsel through the legal aid offices. Apparently, our legal aid offices will not fund both sides of a civil issue, and I was turned away for legal help when matters escalated and I needed some help. I was told there was a 'conflict of interest' and could not be helped because of it---no further information. My tenant also tried to get help, and was refused on the same grounds. Now, my house has been foreclosed upon because of actions on the part of my ex-partner's attorney. If I had the services of an attorney, I am certain the outcome would be different---way different.

So, the ADA does not permit discrimination from organizations who receive Federal funding. It is a clear fact that our legal aid group receives Federal funding through Legal Services Corporation. Have I not been discriminated against? This favoritism towards the first one to ask for legal help is completely ludicrous. Why bother at all? This creates a completely unfair and uneven playing field. As I stated, with an attorney, I am certain this action could have been stopped and I would still have my house---a house which has provided accommodations for other disabled folks for the past 18 years. Should I file with the ADA or look for an attorney?

Thanks in advance.

Please understand that not all discrimination is illegal. Just like a commercial law firm isn't going to represent opposing parties, neither can a legal aid office. It would be a conflict of interest for them to do so.

But just curious: given that the same firm (or legal aid office) can't represent both sides, how would you propose they choose if not by who approaches them first?

 

[Taxing Matters]

So, the ADA does not permit discrimination from organizations who receive Federal funding.

It is not the ADA that does that. It is the federal Rehabilitation Act of 1973 that does that, specifically section 504 of that Act. Under that Act organizations receiving federal funding may not discriminate against you because of your disability. It was the Rehabilitation Act that was the inspiration for the ADA, which came along 17 years later. So while the two acts are very similar in providing protection against discrimination based on disability, they cover different situations.

Have I not been discriminated against? This favoritism towards the first one to ask for legal help is completely ludicrous. Why bother at all? This creates a completely unfair and uneven playing field.

You were rejected for help not because you were disabled but because legal services is already providing representation for the opposing party in the matter. You can tell it is not a discrimination based on your disability because even if you had not been disabled the organization would still have declined to represent you. It was not your disability that was the reason for the decision. It was the fact the organization was already representing the adverse party taht was the problem. As a result, that is not a violation of the Rehabilitation Act.

Indeed, the organization likely was required to refuse to represent you as the rules governing the practice of law in pretty much every state (and you did not mention your state) deem it a conflict of interest for the same firm to provide representation to both sides in litigation. The reason is that the firm cannot be zealous in representing both sides and also risks potentially misusing confidential information of one or both clients. Thus, the rules governing the practice of law require a firm (and not just the individual attorney) to reject representing a prospective client in the same matter that the firm is currently representing the opposing side. In short, once one attorney in the firm is representing one party in a matter no lawyer in that firm may represent any opposing party in that same matter.

I stated, with an attorney, I am certain this action could have been stopped and I would still have my house---a house which has provided accommodations for other disabled folks for the past 18 years.

Perhaps it would have been different, but it may not have been. I have seen a lot of clients who were sure their case was a slam dunk winner and when I looked at it the case was far from the great case the client thought and in some instances the case was in fact clearly a loser. I have no idea how good a case you may have had to defend the foreclosure as you have not given any facts about what lead to the foreclosure.

Should I file with the ADA or look for an attorney?

Well, what you should have done was seek the help of an attorney other than through legal services when the foreclosure was still pending. There are other ways an indigent party can get low cost or free legal help besides that one legal aid group you tried. You might have been able to find a lawyer to represent you pro bono through the state or local bar association, for example. Did you make any other efforts to find a lawyer besides legal aid?

In any event, if the foreclosure is already done your options to reverse that may be few or gone altogether. You will want to see a lawyer to review that to find out if there is anything you can do to save the house now.

There is no "ADA" to file with here. Had there been illegal discrimination under the Rehabilitation Act your remedy would have been to sue in federal court for that violation. But just based on what you have said here I'm not seeing any illegal discrimination based on your disability by the legal aid organization. You may consult an attorney in your state who is experienced with Rehabilitation Act cases to see if you have anything to pursue here, but just be prepared that the lawyer may well tell you there isn't anything for which you may sue legal aid.