Legal services corporation csr handbook




















For cases in which program staff has in-person contact with the client or the program provides continuous representation beyond Counsel and Advice or Limited Action CSR Closure Categories A and B , the documentation of U.

A citizenship attestation shall be stated as follows:. This citizenship attestation may be on a separate document or may be contained within another document such as an intake sheet or retainer agreement , provided there is a separate signature line tied only to the citizenship attestation.

Signatures can be in any legally valid format including handwriting or electronic signatures. For each case reported to LSC, the case file or the CMS must contain a description of the legal assistance provided to the client. Such description should be sufficient to document that the assistance is a case and to support the level of assistance selected by the program to close the case.

The program shall report only the highest level of service provided when a program provides more than one type of assistance to an eligible client during the same calendar year when attempting to resolve essentially the same legal problem, as demonstrated by the factual circumstances giving rise to the problem.

The program shall report repeated instances of assistance to the client as a single case when a program provides assistance more than once within the same calendar year to an eligible client who has returned to the program with essentially the same legal problem, as demonstrated by the factual circumstances giving rise to the problem.

For example, if a program assists a client on two or more occasions with an on-going problem, the factual circumstances of which remain essentially the same over time, the program shall report its assistance to the client as a single case, even if the program has provided Counsel and Advice or Limited Action to the client on more than one occasion within the same calendar year. However, this presumption is rebutted and two or more cases may be reported if the legal issues are sufficiently different, as evidenced by the presence of legal issues that:.

For court cases, if the legal problems are resolved under one Civil Action Number, only one case is reported. If there are multiple Civil Action Numbers, then multiple cases are counted. For example, if a client seeks assistance with related child custody and support problems, and the program assists the client by preparing a pleading or other document that addresses both problems, then the program shall report its assistance to the client as a single case.

However, if child custody and child support are addressed in different actions or in different courts, then more than one case should be reported for the client. Grantees may provide alternative forms of service such as alternative dispute resolution, pro se clinics, workshops, legal education, kiosks, and web assistance. Grantees may report a case that includes a referral only when the case otherwise qualifies as a case under the requirements of the CSR Handbook. Referral does not include directing an applicant or transferring an intake or accepted case from one program office to a PAI case handler, subrecipient, or office within the same program.

That situation does not qualify as a closed case or Other Matter for the first office and a new open case or Other Matter after the referral. Rather, it is a single case handled by the program if it otherwise meets the CSR requirements. The purpose of case closure categories is to delineate the level of service provided to the client in each case. All legal assistance recorded and reported to LSC as a case must:.

A case closed in which the program provided legal advice to an eligible client should be closed as Counsel and Advice e. Examples include, communications by letter, telephone or other means to a third party; preparation of a simple legal document such as a routine will or power of attorney; or legal assistance to a pro se client that involves assistance with preparation of court or other legal documents.

A case closed in which the program negotiated and reached an actual settlement on behalf of a client without any court or administrative actions pending should be closed as Negotiated Settlement Without Litigation.

This category includes settlements negotiated with an administrative agency prior to the filing of a formal administrative proceeding. The file should contain documentation of the settlement through either an actual written settlement or a written confirmation of the settlement with the opposing party. If neither of these are available, the file should contain a copy of a communication to the client outlining the terms of the settlement.

Pro se cases cannot be closed in this category. A case closed in which the program negotiated and reached an actual settlement on behalf of a client while a court or formal administrative action was pending should be closed as Negotiated Settlement With Litigation. Settlements of pending court or administrative actions should be closed in this category even if the court or administrative agency issues an order memorializing the settlement.

A case closed in which the program represented a client in an administrative agency action that resulted in a case-dispositive decision by the administrative agency or body, after a hearing or other formal administrative process e. This category does not include settlements made during the course of litigation that are then approved by the administrative agency, voluntary dismissals, or the grant of a motion to withdraw as counsel. A case closed in which the program represented [45] a client in a court proceeding that resulted in a case dispositive decision made by the court should be closed as a Court Decision.

This category does not include appeals or writs taken from administrative agency decisions or lower trial court decisions to a higher level trial court acting as an appellate court, whether they are on the record or de novo proceedings.

A closed case that does not fit any of the other CSR case closure categories should be closed as Other. Cases which fit two or more CSR categories may not be closed in this category, but should be closed in the category which best reflects the level of service provided. A case closed in which the program undertook extensive research, preparation of complex legal documents, extensive interaction with third parties on behalf of an eligible client, or extensive on-going assistance to clients who are proceeding pro se should be closed as Extensive Service.

Some examples of extensive service include the preparation of complex advance directives, wills, contracts, real estate documents or other legal documents, or the provision of extensive transactional work. This category also includes cases closed after extensive interaction or negotiations with another party which do not result in a negotiated settlement.

In addition, cases closed after litigation is initiated should be closed in this category when the program appears as counsel of record and an order of withdrawal or voluntary dismissal is entered or the case does not result in a negotiated settlement, administrative agency or court decision. This closure category should be reserved for cases in which the assistance the program provides clearly exceeds the amount of work that would be performed for CSR Closure Categories A—Counsel and Advice or B—Limited Action and no other closing code is appropriate e.

Factors that favor selection of CSR Closure Category L include but are not limited to: 1 a high level of factual complexity; 2 a highly sophisticated legal analysis; 3 drafting of non-routine original pleadings or legal documents; and 4 significant legal research. Although not controlling, grantees may also consider whether a substantial amount of time was charged to the case as evidence of extensive services.

Each closed case is to be assigned one of the following numeric Legal Problem Codes, which are grouped in ten broad Legal Problem Categories.

Representation provided by law students, law graduates, and other professionals can qualify for CSR purposes only when the representation is provided before an administrative tribunal that permits non-attorneys to represent individuals before the tribunal. However, it is appropriate to charge the time expended for the attempted referral to PAI.

In cases in which a PAI referral is unsuccessful and program staff has not provided any legal assistance to the client, the file may not be closed as a CSR case. In cases in which a PAI case handler co-counsels a case with program staff, the case may be closed either as a PAI case or as a staff case but not both in the discretion of the program. In cases in which both program staff and a PAI case handler provide legal assistance, but have not co-counseled the case, the program should close the case as a staff or a PAI case depending on whether the staff or the PAI case handler provided the highest level of legal assistance.

For example, if a private attorney gave some advice and counsel and staff obtained a court order, the case should be closed as a staff case. Through the use of automated case management systems and procedures, grantees shall ensure that cases involving the same client and specific legal problem are not recorded and reported to LSC more than once e. Grantees shall ensure the timely closing of PAI cases so that case service reports submitted to LSC contain current and accurate information about both open and closed cases for the grant term typically January 1 through December While it is desirable to close all cases, including PAI cases, in the year in which the last legal assistance to the client was rendered, nevertheless all PAI cases of all types may be closed and reported either in the year in which legal assistance was completed or in the next grant year.

The substantive change from the pre Handbook is that rules for timeliness for compensated cases are now exactly the same as those for pro bono cases. Grantees shall employ one or more methods of ensuring timely closing of PAI cases.

A possible method includes the generation of case management reports that indicate the length of time PAI cases have been open. A review of such reports should establish whether cases are being timely closed. Grantees shall create oversight and follow-up systems and procedures sufficient to track the timely referral, follow-up, and disposition of PAI cases.

Hallmarks of effective oversight and follow-up systems and procedures include but are not limited to:. Recipients are permitted to use non-LSC funds to provide otherwise permissible services to a client who exceeds the Part financial eligibility limits, but the case may not be reported to LSC for CSR purposes. For example, if the program performs legal research but does not advise the client of the results of the research, this would not constitute a CSR-reportable case.

Similarly, if the program sends a letter to a client containing legal advice which is then returned to the program as undeliverable and the program has not orally advised the client , this also would not constitute a CSR-reportable case. A different definition of legal assistance appears in the LSC Act and regulations. LSC expanded Part to allow recipients to allocate costs to the PAI requirement associated with activities involving law students, law graduates, and other professionals in the delivery of legal information and legal assistance to eligible clients.

The scans must capture the visible data relevant to eligibility that appears on the documents including handwriting and signatures. See Footnote 27 regarding financial eligibility for domestic violence victims and exclusion of assets associated with an alleged abuser. See Footnote 24 regarding financial eligibility for domestic violence victims and exclusion of income associated with an alleged abuser. If a program has already closed and reported a case in one calendar year, and the client returns for additional service in a subsequent calendar year, the program must report the additional service as a separate case in the subsequent year, provided that the case otherwise meets the requirements and definitions of this Handbook.

For example, counsel and advice provided for codes Custody—31 and Divorce—32 are one case because both codes are in the Family category. However, although it may not be technically case dispositive, a case closed after a TRO or similar interim order made on the merits has been entered, may be closed in this category when the litigation is not pursued further.

However, if the PAI case handler closed the advice and counsel case in May but did not report it as closed to the program until June , such case is untimely and cannot be reported in the CSR. Either the program or the PAI case handler may obtain the necessary documentation and conduct any necessary review. In the absence of closing information from the PAI case handler, information obtained from the court or other reliable source is sufficient. Chapter II: Key Definitions 2.

LSC awards grants through a competitive process and currently funds independent legal aid organizations. With nearly offices nationwide, these organizations serve thousands of low-income individuals, children, families, seniors, and veterans in every congressional district.

LSC grantees handle the basic civil legal needs of the poor, addressing matters involving safety, subsistence, and family stability. Most legal aid practices are focused on family law, including domestic violence and child support and custody, and on housing matters, including evictions and foreclosures.

LSC promotes equal access to justice by awarding grants to legal services providers through a competitive grants process. We award grants targeted towards technology initiatives, pro bono innovations, as well as many others. Legal Services Corporation currently provides funding to independent nonprofit legal aid organizations in every state, the District of Columbia, and U. To find an LSC-funded legal aid organization near you, simply enter an address or city at the link below.

LSC defines the justice gap as the difference between the civil legal needs of low-income Americans and the resources available to meet those needs. Breadcrumb Home. Read more. Learn about John G. Fiscal Year Budget Request. Watch video. Helping a Veteran receive benefits. Helping a Father Reunite with His Children. Children's Welfare. Search for More Stories. Get Legal Help. Get Legal Help Search. What is legal aid?

Does LSC provide legal aid? What kinds of grants does LSC offer? Where can I find information on legal aid organizations in my area? Learn More about Legal Aid.



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