In the United States, a legal defense fund (or LDF) is an account set up to pay for legal expenses, which can include

attorneys' fees Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when l ...

, court filings, litigation costs, legal advice, or other legal fees. The fund can be public or private and is set up for individuals, organizations, or for a particular purpose. These funds are often used by government public officials, civil rights organizations, and public interest organizations. Legal defense funds often have large membership counts where the members contribute to the fund. The fund sometimes is or operates like a

law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to ...

, where teams of attorneys provide legal services through litigation. Contrary to the name, attorneys working for legal defense funds both file and defend

lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...

. Unlike

legal financing Legal financing (also known as litigation financing, professional funding, settlement funding, third-party funding, third-party litigation funding (TPLF), legal funding, lawsuit loans and, in England and Wales, litigation funding) is the mechanism o ...

from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, though both are used for purposes of financing litigation and legal costs.

History

The exact origins of legal defense funds are unclear. In the mid-nineteenth-century United States, a number of minority groups pioneered the practice of amassing funds to cover legal costs associated with their battles for civil rights and civil liberties.

Government

A government legal defense fund is an account set up to pay for the legal expenses encountered by a person holding government office, or by other public officials. While public figures are undergoing legal proceedings, they may incur large legal fees and face conflict of interest laws that restrict how they may pay for such expenses. A legal defense fund allows third parties to donate monies, with an option for anonymity, to pay for such legal costs. Many American public figures have employed legal defense funds, including

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...

and

Sarah Palin Sarah Louise Palin (; Heath; born February 11, 1964) is an American politician, commentator, author, and reality television personality who served as the ninth governor of Alaska from 2006 until her resignation in 2009. She was the 2008 R ...

. On November 15, 2010, Congressman

Charlie Rangel Charles Bernard Rangel (, ; born June 11, 1930) is an American politician who was a U.S. representative for districts in New York from 1971 to 2017. A member of the Democratic Party, he was the second-longest serving incumbent member of the Ho ...

's credibility was questioned when he claimed that until very recently he was unaware that the establishment of a legal defense fund was an option he could use to pay for his defense against

corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...

charges These funds are governed by Congressional ethics rules and guidelines from the Office of Governmental Ethics (OGE), which impose various requirements to limit contributions to the fund.

Public interest

Public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefor ...

legal defense funds are

non-profit organizations A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

that use legal services to advance

environmentalism Environmentalism or environmental rights is a broad Philosophy of life, philosophy, ideology, and social movement regarding concerns for environmental protection and improvement of the health of the environment (biophysical), environment, par ...

animal rights Animal rights is the philosophy according to which many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as avoiding suffering—should be afforded the s ...

labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights infl ...

, and other public interests. They file lawsuits, provide free legal assistance to clients, push for legislative reform, and provide public education through seminars, workshops, and other outreach efforts. Public interest legal defense funds include the

Earthjustice Earthjustice (originally Sierra Club Legal Defense Fund) is a nonprofit public interest organization based in the United States dedicated to litigating environmental issues. Headquartered in San Francisco, it has 14 regional offices across the Un ...

Legal Defense Fund (formerly known as the

Sierra Club The Sierra Club is an environmental organization with chapters in all 50 United States, Washington D.C., and Puerto Rico. The club was founded on May 28, 1892, in San Francisco, California, by Scottish-American preservationist John Muir, who b ...

Legal Defense Fund), the

Animal Legal Defense Fund The Animal Legal Defense Fund is an animal law advocacy organization. Its stated mission is to protect the lives and advance the interests of animals through the legal system. It accomplishes this by filing high-impact lawsuits to protect an ...

, the

Comic Book Legal Defense Fund The Comic Book Legal Defense Fund (CBLDF) is an American non-profit organization formed in 1986 to protect the First Amendment rights of comics creators, publishers, and retailers covering legal expenses. Charles Brownstein served as the organiz ...

, the

National Right to Work Legal Defense Foundation National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, c ...

, the Community Environmental Legal Defense Fund, Life Legal Defense Fund, and the

National Association of Social Workers The National Association of Social Workers (NASW) is a professional organization of social workers in the United States. NASW has about 120,000 members. The NASW provides guidance, research, up to date information, advocacy, and other resources ...

Legal Defense Fund and many others.

Civil rights

Civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...

legal defense funds are

that use legal services to advance civil rights. They often provide legal assistance, advocacy, litigation support, and public education to increase gender and racial equality. Common issues include equality in the workplace, equality in education, immigration rights,

voting rights Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...

, and violence prevention.http://aaldef.org/programs/; http://www.legalmomentum.org/about/ Civil rights legal defense funds include the

NAACP Legal Defense and Educational Fund The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City. LDF is wholly independent and separate from the NAACP. Altho ...

, the Women's Equity Action League Educational and Legal Defense Fund, and the National Organization for Women Legal Defense and Education Fund (

Legal Momentum Legal Momentum, founded in 1970, is a 501(c)(3) nonprofit and the nation's first and longest-serving legal advocacy group for women in the United States. Betty Friedan and Muriel Fox were its co-founders and Muriel Fox is an ongoing leader of the ...

), the

Asian American Legal Defense and Education Fund The Asian American Legal Defense and Education Fund (AALDEF) is a New York-based national organization founded in 1974 that seeks to protect and promote the civil rights of Asian Americans. By combining litigation, advocacy, education, and organiz ...

, the Mexican American Legal Defense and Education Fund, the Disability Rights Education and Defense Fund, and the Transgender Legal Defense & Education Fund and many others.

References

Bibliography

* Volk, Kyle G. (2014).
Moral Minorities and the Making of American Democracy
'. New York: Oxford University Press. {{ISBN, 019937192X. Legal costs