LSC Board Committee on Operations and Regulations Postpones Action on Proposal to Tighten Retainer Requirements in Income Eligibility Regulation
Monday, May 10, 2004
- Organization: Brennan Center's Legal Services E-lert
LSC Board Committee on Operations and Regulations Postpones Action on Proposal to Tighten Retainer Requirements in Income Eligibility Regulation
After legal services advocates voiced concerns about a proposal from LSC staff to tighten existing requirements for retainer agreements in LSC's income eligibility regulation, 45 C.F.R. Part 1611, the Operations and Regulations Committee of LSC's Board of Directors has decided against taking immediate action. At the Committee's May 1, 2004 meeting, Center for Law and Social Policy Senior Staff Attorney Linda Perle, Legal Aid Bureau Advocacy Director Hannah Lieberman, and ABA's Standing Committee on Legal Aid and Indigent Defendants Chair Bill Whitehurst all raised concerns about regulating retainer agreements and client service notices. Perle says that while most advocates agree that providing clients with a notice detailing programs' services is a good policy, LSC should not require this on a national basis because notices may vary from state to state and "[t]he retainer provisions generally are an administrative burden on programs, especially since they're compliance issues." Perle adds that requiring a client service notice even for brief services, which LSC does not currently require, would be particularly burdensome. Perle says that the Committee "understood what the issues were. There seemed to be no support for client service notices." The Committee will continue discussion of the staff proposal for stricter retainer agreement and group representation requirements, and for changes in LSC's ability to sanction programs at its next meeting in June, 2004. Based on original reporting by Brennan Center staff.
After legal services advocates voiced concerns about a proposal from LSC staff to tighten existing requirements for retainer agreements in LSC's income eligibility regulation, 45 C.F.R. Part 1611, the Operations and Regulations Committee of LSC's Board of Directors has decided against taking immediate action. At the Committee's May 1, 2004 meeting, Center for Law and Social Policy Senior Staff Attorney Linda Perle, Legal Aid Bureau Advocacy Director Hannah Lieberman, and ABA's Standing Committee on Legal Aid and Indigent Defendants Chair Bill Whitehurst all raised concerns about regulating retainer agreements and client service notices. Perle says that while most advocates agree that providing clients with a notice detailing programs' services is a good policy, LSC should not require this on a national basis because notices may vary from state to state and "[t]he retainer provisions generally are an administrative burden on programs, especially since they're compliance issues." Perle adds that requiring a client service notice even for brief services, which LSC does not currently require, would be particularly burdensome. Perle says that the Committee "understood what the issues were. There seemed to be no support for client service notices." The Committee will continue discussion of the staff proposal for stricter retainer agreement and group representation requirements, and for changes in LSC's ability to sanction programs at its next meeting in June, 2004. Based on original reporting by Brennan Center staff.
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