What Lawyers Do

In a recent message, New York County Lawyers Association President Ann Lesk urged that a Civil Gideon law be enacted guaranteeing counsel to all low-income persons facing eviction or foreclosure.

Ms. Lesk should be congratulated for taking this stance.

Presently, a Senior Citizen Right to Counsel Bill is being considered by the New York City Council, which would establish a right to counsel in eviction and foreclosure proceedings for low-income persons over the age of 62. Rightly, Ms. Lesk recognizes that while this is a laudable objective, the city should move a step further towards a more comprehensive Civil Gideon law. She says: “providing counsel for persons who may become homeless as a result of a legal proceeding is both morally right and economically efficient.”

Never has there been a more pressing need for such a bill. More families entered the shelter system in September 2008 than in any other month during the past 25 years.

As we all know, these are tough economic times and public expenditures for indigent members of society are competing with many other causes for government funding. But Lesk explains that a Civil Gideon law could actually save money in the long run; it has been estimated that for each dollar spent on counsel for indigent persons facing eviction, four dollars are saved in government expenditures related to homelessness.

In Housing Court, approximately 90% of landlords are represented by counsel while only 10% have legal representation. These statistics show that when it comes to shelter, one of the most basic elements of human existence, low-income tenants are at a distinct disadvantage compared to landlords in the legal arena.

The Senior Citizen Right to Counsel Bill should – and hopefully will — pass in the City Council. In addition, a Civil Gideon law should be enacted, as Ms. Lesk laudably urges, to provide legal counsel for all low-income tenants. It could end up saving the city money, and it would certainly make housing court proceedings more fair and be another building block on the road to creating a more just society.