FOR IMMEDIATE RELEASE
Contact
202.641.5124
DATE 2/11/25
Wage gap between state-funded attorneys, government peers is driving recruitment and retention crisis in New York’s Civil Legal Services
The crisis is making it harder for New Yorkers to access justice
A major factor driving the challenges for low-income New Yorkers to access justice in critical areas including housing, healthcare, employment, and education is the wage gap between civil legal service attorneys and their government peers, according to a white paper released today by the New York Legal Services Coalition.The gap is fueling a recruitment and retention crisis in the civil legal services, which results in fewer people being served when they need legal guidance. Given the rapidly changing federal legal landscape, ensuring that New Yorkers have access to legal assistance is more important than ever.
Unlike in criminal proceedings, New Yorkers do not have a right to an attorney in most civil matters. Civil legal matters are considered “Essentials of Life” by the Office of Court Administration – because the decisions in civil matters impact people’s lives and well being, such as eviction, foreclosure, and immigration proceedings, and access to healthcare, benefits, and education. People are often left to navigate these complex legal proceedings on their own. Help is provided in the form of the Civil Legal Services, which offer free legal assistance to low and middle-income people through funding largely reliant on government contracts.
However, according to the white paper, civil legal service organizations are experiencing “alarmingly high attrition rates and difficulty hiring due to lack of adequate funding to compete with government-funded comparable legal positions.” Fewer civil legal service attorneys means fewer clients served.
NEW YORK’S CIVIL LEGAL SERVICES NEED TO BE IN LINE WITH OTHER GOVERNMENT-FUNDED ATTORNEYS
The white paper is based on a survey of member organizations. The survey results showed that pay for attorneys in civil legal services is significantly lower than their government counterparts, driving a recruitment and retention crisis. The survey used Assistant Attorney Generals (AAG) as a basis for the comparison due to the similarities in qualifications and scope of work with civil legal aid attorney positions – and given that both positions are working on behalf of the state, either directly or under contract with state agencies.
The 2024 survey found that: “civil legal services outside of NYC are getting paid 21% less than their counterparts in the Attorney General’s office. Those inequities only grow throughout their careers and, after 21 years of civil legal services employment, experienced civil legal services attorneys are paid 38% less than their counterparts in the AG’s office in some parts of the state.”
“Without funders of civil legal services’ support for these crucial investments, our ability to meet the rising need for legal assistance is hamstrung. We will continue to lose legal talent to our government funders due to higher salaries and better infrastructure support. Meanwhile, clients facing eviction, homelessness, and economic crisis are literally left out in the cold. We appreciate our Chief Judge, Judiciary and IOLA Fund leaders for recognizing this, and hope this is the beginning of a systemic solution to this acute problem ” said Kristin Brown, President and CEO of Empire Justice Center and President of the New York Legal Services Coalition.
“Those of us working in the field of aging, always knew there was a cliff associated with the aging of the baby boomers that would mean a higher demand for services. Going hand-in-hand with that cliff, is the loss of thousands of attorneys who have retired, making competition fierce for a much smaller number of candidates. Legal services agencies cannot compete in this environment, and, as a result, we are turning away clients and ending programming, further widening the justice gap,” said Karen Nicolson,CEO of the Center for Elder Law and Justice in Buffalo, and author of the white paper
“We not only need to attract talented and passionate staff but we need to enable them to put down roots and make careers at direct legal service organizations,” said Jessica Rose, Executive Director of Brooklyn Legal Services Corporation A. “The success of the programs providing critical legal services to meet the essentials of life of low-income New Yorkers supported by the State of New York will be tied to our ability to meet this challenge.”
Tina M. Foster, Executive Director of JustCause, stated “Underserved communities in New York who are already bearing the brunt of economic disparities need advocates. Without pay parity, there will be less of us fighting for justice for those who need it most.”
“The creative and dedicated advocates at our organizations play a fundamental role in closing the justice gap in New York,” said McGregor Smyth, Executive Director of New York Lawyers for the Public Interest, “but we have to invest in their careers. The longstanding wage gap between our staff and government attorneys damages recruitment and retention for these critical positions. Supporting pay parity benefits everyone.”
FUNDING THE CIVIL LEGAL SERVICES MAKES ECONOMIC SENSE
In addition to the benefits to the individuals and families who need the services, civil legal services agencies benefit the New York economy as whole, by helping avoid more expensive outcomes – like emergency shelter and emergency room visits and leveraging federal resources like SNAP benefits, disability benefits and Earned Income Tax Credits.
The Access to Justice Gap -- the difference between the civil legal needs of low-income New Yorkers and the resources available to meet those needs – has been estimated by the Permanent Commission on Access to Justice in their annual report to the Chief Judge in November of 2023 as $1 billion; however it was also documented that every $1 spent on Civil Legal Services saves New York State $7.50.
From the white paper: “IOLA’s 2024 annual report shows an estimated economic impact of around $5.32 billion from its Fiscal Year 2024 and 2025 grants totaling $750 million, including $1.95 billion in direct benefits to clients and families, and around $844 million in cost savings to the community.”
IMPACT IN THIS YEAR’S BUDGET
While making progress toward pay parity will be a long-term goal that will require cooperation with all levels of government, the white paper identified two recommendations in this year’s state budget which will make significant progress:
Providing IOLA with the Full $80 Million in Spending Authority
The Interest on Lawyer Account Fund of the State of New York (“IOLA”) is a critical source of funding for the civil legal services. It is not taxpayer dollars, but rather a fiduciary fund, funded through interest of funds held in escrow. IOLA and the Executive recently signed [link to release] an MOU in which the Executive agreed not to ‘sweep’ the funds, as happened in 2024 for the first time in the fund’s 40 year history. IOLA currently provides funding to 81 different providers of civil legal services to low-income New Yorkers, and recently released a round of 5-year grants, including $80 million in payment in this next fiscal year. However, the Executive Budget included $77.5 m rather than the $80 m directed by the IOLA board of directors.
The coalition recommends that the final budget includes the full $80 m in funding for IOLA.
Providing the full funding from the Judiciary budget submission, with maximum flexibility
The Judiciary Budget includes a $45.5 million increase for Judiciary Civil Legal Services. The coalition appreciates that the Chief Judge Wilson, Chief Administrative Judge Zayas and their staff understand the difficulties facing low-income litigants in New York State and their ongoing support.
###
About the New York Legal Services Coalition
The New York Legal Services Coalition is a statewide association that represents the interests of civil legal services organizations and the communities they serve. Our members collectively provide services in the areas of family law, housing, immigration, and public benefits across all 62 counties of New York State.