At its September 2004 meeting, the LSC's Board of Directors and its Operations and Regulations Committee settled several issues concerning proposed changes to LSC's income eligibility regulation, 45 C.F.R. Part 1611. After considering the recommendations of legal aid advocates, the Committee decided to 1) keep the existing retainer agreement requirement, but simplify it to require identification of only the legal problem and nature of the services provided; 2) reject the proposal to require a new client service notice in brief services cases that would detail the service provided to clients; and 3) expand the existing group representation provision to permit representation not only of groups that are primarily composed of eligible clients but also of groups that have as a "principle activity" service to eligible clients. Linda Perle, senior staff attorney at the Center for Law and Social Policy, says she is disappointed that the Committee and Board did not eliminate the retainer agreement requirement but is pleased that they rejected the proposed new requirement for a client service notice. She adds that the new provision on group representation, which, for example, allows LSC grantees to represent organizations such as church groups that have as a "principle activity" service to low-income people, "will be very helpful in allowing programs to use LSC funds to represent a broader spectrum of groups that serve the client community." The rule will be modified in light of the decisions made, and then will be brought back to the Committee and the full board for approval in November.

Based on original reporting by Brennan Center staff. See also Legal Services E-lerts of May 7 & April 30, 2004.