The Program only reports the highest level of performance when a Program provides more than one type of assistance to an Eligible Client in the same calendar year, when attempting to resolve substantially the same legal issue, as evidenced by the factual circumstances that caused the problem. For example, if a program initially offers advice and guidance to resolve a client`s legal problem, and the program subsequently negotiates a settlement with a counterparty regarding the same legal issue, the program only reports the case once as a negotiated settlement. [33] a) the provision of eligible legal assistance for a legal problem (or a set of closely related legal issues) that would be permitted if supported by LSC funds Fellows ensure the timely closure of CAP files so that case service reports submitted to the LSC contain up-to-date and accurate information on files opened and closed for the funding period (typically from 1 January to 31 December). While it is desirable to close all cases, including AIP cases, in the year in which the last mutual legal assistance was provided to the client, all AIP cases of any kind may nevertheless be closed and reported either in the year in which the mutual legal assistance was concluded or in the year following the authorization. [49] (Note: this amendment introduces a single rule for all IAP cases, whether extended or limited, whether pro bono or remunerated, and without reference to the rules on personnel matters set out in § 3.3. The fundamental change from the pre-2008 manual is that the rules for the timeliness of compensated cases are now exactly the same as for pro bono cases.) This citizenship certificate can appear on a separate document or be included in another document (such as an admission sheet or prepayment agreement), provided that a separate signature line is only attached to the citizenship certificate. Neither a yes/no box regarding citizenship nor a signed declaration that the client confirms the veracity of the admission information will suffice as a citizenship certificate. Signatures can be in any legally valid format, including handwritten or electronic signatures. [32] Fellows ensure that files are closed in a timely manner so that service reports for cases submitted to the LSC contain up-to-date and accurate information on files opened and closed for the funding period (usually January 1 to December 31). After the eligibility period expires, LSC will provide grant recipients with 45 days to take reasonable and necessary steps to ensure that cases where legal aid has been interrupted and is unlikely to resume are closed before submitting case service reports to LSC. For PAI cases, please refer to § 10.3 for the requirements for the early closure of the case. [8] This use of “mutual legal assistance” applies only to the CSR Handbook and references to cases as defined in the Handbook. A different definition of mutual legal assistance is found in the ICA Act and the regulations.
42 U.S.C. § 2996a(5), 45 CFR § 1600.1. A closed file in which the program provided legal advice to an eligible client should be closed as legal counsel and legal advice (e.g., counsel established and reviewed relevant facts, exercised judgment in interpreting the facts presented by the client, and applying the law relevant to the facts presented, and advised the client on his legal problem). For CSR purposes, a case is the provision of LSC[3] eligible legal counsel (defined below) to an eligible client with a legal issue or set of closely related legal issues adopted for support in accordance with the requirements of the LSC Act, assignment laws, regulations and other applicable laws. [4] The CSRs should cover all cases where CSL-eligible legal advice is provided to clients recognised as eligible for LSCs, including cases supported in whole or in part by non-LSC funds. [5] [11] For CSR purposes, LSC has adopted the definition of legal information from Standard 3.6 on the provision of legal information in ABA Standards for the provision of legal aid 136-144 (2006). (b) a non-lawyer who is authorised to represent in a legal case, such as an SSI case, where the non-lawyer has been recognised as qualified by the administrative court; or (ii) not a case of CSR. In cases where a transfer of API fails and program staff have not provided legal assistance to the client, the file cannot be closed as a CSR case. However, the time spent on the transfer attempt can be attributed to the program`s IAP allocation. In addition, for each case reported to LSC, fellows must document that a determination of client eligibility has been made in accordance with the requirements of LSC, including sections 5.3 (Income), 5.4 (Assets) and 5.5 (Citizenship and Eligibility of Foreign Nationals). Eligibility documentation is recorded electronically in a case management system or in a simple form in accordance with 45 CFR § 1611.7(b). Signatures can be in any legally valid format, including handwritten or electronic signatures.
[22] Fellows will retain this information for a period of five years or if requested otherwise by LSC (e.g. through grant commitments or special grant conditions). [23] Fellows must ensure that all compliance information recorded electronically is secured in the event of a failure of the program`s computerized system of record. (iv) Staff or IAFF business. In cases where programme staff and an AIP caseworker provide legal assistance but have not examined the case jointly, the programme should close the case as an official or as an officer of the AIP, depending on whether the AIP staff or caseworker provided the highest level of legal assistance. For example, if a private lawyer has provided advice and lawyers and employees have obtained a court order, the matter should be closed as a personnel matter. [7] Legal aid must indeed be provided to the client in order for the lawyer to be flagged as a case in a CSR. For example, if the program conducts legal research but does not inform the client of the results of the research, this would not constitute a reportable CSR case. If the Program sends a letter of legal advice to a Client, which is then returned to the Program as undeliverable (and the Program has not verbally informed the Client), this would also not constitute a reportable CSR case.
Added an updated checklist of result, expert, and claim codes to the page. This closure category should be reserved for cases where the support provided by the programme significantly exceeds the workload that would be carried out for CSR closure categories A – Advice and advice or B – Limited actions, and no other closure code is appropriate (e.g. F, G, H or I). Factors that promote the selection of the L category of the CSR degree include, but are not limited to: (1) a high degree of factual complexity; (2) a highly nuanced legal analysis; (3) drafting of original pleadings or non-routine legal documents; and (4) extensive legal research. Although they do not control, beneficiaries can also check whether significant time has been charged for the case as proof of extended services.