The legal needs of low-income persons are basic to survival.  Fundamental legal rights need to be enforced as they relate to such basic necessities as nutrition, health, shelter, income, education and protection from violent physical abuse.  The cases in which these concerns arise involve sophisticated issues of law, complicated governmental regulations, difficult issues of federalism, and consumer law rules turning on obscure precedents.  Appeals, written arguments and extensive discovery are often required.  In most of these instances low-income persons are unable to recognize the legal issues involved, institute litigation, or assert the appropriate defenses.  Nor do they possess the skills needed to develop facts, argue law, negotiate settlements, or prepare pleadings.

The harm resulting from an unfavorable outcome of a legal dispute is frequently more severe for the poor than for others.  The ability to resist a loss of welfare eligibility or an eviction often literally means the difference between having adequate food, clothing, shelter, and doing without the essentials of a modern society.

In most disputes the opposing party likely will have aggressive legal representation available.  Bureaucracies, merchants, collection agencies, and the rest of the non-poor society with which the poor must deal all have their lawyers.  To leave the poor to confront such parties without legal representation is to invite their victimization.

Because the need for legal advice may arise in any area of governmental regulation or private conduct affecting the poor and their essential life needs, legal services for the poor have a breadth of impact which may make them more critical for the poor than any one specific substantive aid program.  A lawyer is the key to access to the legal system, and without such access few rights are granted and none is secure.

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