PROHIBITED ACTIVITY

COMMENT

REFERENCE[1]

Criminal Cases.

Representing a client in a criminal matter or collateral attack on a conviction

45 CFR, Parts 1613, 1615

LSNF Policy Manual

Incarcerated Clients.

Representing a client in any civil litigation or an administrative proceeding challenging conditions of incarceration when the client is incarcerated in a jail, prison, penitentiary, etc.

Exception for pending cases where the incarceration is for less than 3 months and the litigation will be ongoing; exception for brief service, advice or other administrative proceedings.

PL 104-134,[2] Sec. 504(a)(15)

45 CFR, Part 1637

LSNF Policy Manual

Welfare Reform Advocacy.

Initiating litigation, rulemaking or lobbying which challenges or participates in efforts to “reform” a federal or state welfare system

Applies to “reform” of Personal Responsibility Act, except for child support enforcement provisions (not Medicaid, SSA, VA, UC, etc.); Also, representing an individual client seeking specific relief from agency is OK if it does not challenge or seek to amend welfare law, including existing regulations.

PL 104-134, Sec. 504(a)(16)

45 CFR, Part 1639

LSNF Policy Manual

Drug Related Evictions.

Representing a person who has been charged with or convicted of sale of, or possession with intent to sell, drugs in a public housing eviction based on that person’s drug activity

OK to represent other members of household;

OK to represent person in administrative eviction proceedings;

OK to represent person charged with possession or use, if no intent to sell.

PL 104-134, Sec. 504(a)(17)

45 CFR, Part 1633

LSNF Policy Manual

Abortion Cases.

Participating in any litigation with respect to abortion, and engaging in any legal assistance with respect to a non-therapeutic abortion

Permits advice and referral (but no litigation) with respect to abortions if non-LSC funds are used.

PL 104-134, Sec. 504(a)(14)

42 USC Sec. 2996f(b)(8)

Redistricting Cases.

Challenging a legislative, judicial or elective district or the taking of the census, including voting rights advocacy

PL 104-134, Sec. 504(a)(1)

45 CFR, Part 1632

LSNF Policy Manual

Legislative Advocacy.

Legislative lobbying or efforts (or use of resources) to persuade others to support legislative changes; all “grassroots lobbying”

Exception for responding to a written request from a legislator, or advocating at the state or local level for funding for legal services (must use non-LSC funds).

PL 104-134, Sec. 504(a)(4), (5) and (6)

45 CFR, Part 1612

LSNF Policy Manual

Administrative Advocacy.

Lobbying agencies and participating in administrative rulemaking at federal, state or local level; all “grassroots lobbying”

Exception for commenting in public rulemaking proceedings, responding to a written request from an official, or advocating on state and local level re: funding for legal services (must use non-LSC funds).

PL 104-134, Sec. 504(a)(2), (3), and (6)

45 CFR, Part 1612

LSNF Policy Manual

Class Actions.

Participation in a class action in federal or state court (including acting as amicus curiae or co-counsel)

Only court actions are prohibited; administrative class actions are permitted.  Non-adversarial activities are permitted as is representation of an individual seeking to withdraw from or opt out.

PL 104-134, Sec. 504(a)(7), Sec. 505(b)(2)

45 CFR, Part 1617

LSNF Policy Manual

Fee-Generating Cases.

Taking a case which, if done by a private attorney, would likely result in a fee out of the client’s award, from public funds, or from the opposing party

Exception for cases which are rejected by local lawyer referral service or two private attorneys, cases which seek SSI & SSA benefits, cases not normally taken by private bar, emergencies.

42 USC Sec. 2996f(b)(1) and 2996e(c)(6)

45 CFR, Part 1609

LSNF Policy Manual

Client Identity & Statement of Facts.

Participation in litigation, or in prelitigation negotiations, without obtaining a signed statement of facts from the client, and identifying the client by name in any complaint that is filed or separately to the defendant

Does not apply to work on a case, including some settlement negotiations, which are initiated before a decision to litigate has been made; use of sequenced retainers helpful.  Does not apply to pro bono cases.  Does apply to judicare/contract cases

PL 104-134, Sec. 504(a)(8)

45 CFR, Part 1636

LSNF Policy Manual

Attorneys’ Fees.

Claiming, collecting or retaining attorneys’ fees pursuant to any federal or state fee shifting law including retroactive statutory benefits

Exception for cases initiated prior to April 26, 1996, but not including fees based on any new claims made after that date; exceptions for court appointments; sanction provisions; costs & expenses.

PL 104-134, Sec. 504(a)(13)

45 CFR, Part 1642

LSNF Policy Manual

Solicitation.

Representing a person, or referring person to another LSC-funded program, after we have given in-person, unsolicited advice that s/he should obtain counsel or take legal action

Does not prohibit community legal education or outreach, which can be properly done in compliance with this restriction.

Does not prohibit solicitation from clients.

PL 104-134, Sec. 504(a)(18)

45 CFR, Part 1638

LSNF Policy Manual

Ineligible Immigrants.

Providing service to a non-citizen (who is not an eligible alien) unless the non-citizen (or his/her child) has been battered or subjected to extreme cruelty in the U.S. and services directly relate

Exception for permanent resident aliens, certain family members of citizens with pending applications for adjustment of status, refugees, asylees, grantees of withholding of deportation, H-2A workers (identified cases only) and certain conditional entrants.

PL 104-208

PL 104-134, Sec. 504(a)(11) and Sec. 505(b)(2)

45 CFR, Part 1626

LSNF Policy Manual

Priorities Statement.

Providing legal assistance without establishing priorities and having staff sign written agreements not to take cases outside priorities

Exception for emergencies of the kind specified in any Emergency Policy set forth in program priorities.

PL 104-134, Sec. 504(a)(9)

45 CFR, Part 1620

LSNF Policy Manual

Timekeeping.

Receiving LSC funds without maintaining contemporaneous records of time spent by each advocate on each case, matter, or supporting activity

Current LSNF timekeeping system complies with this restriction and is mandatory for all advocates.

PL 104-134, Sec. 504(a)(10)

45 CFR, Part 1635

Litigation Approval.

Filing any appeal or federal litigation, or engaging in legislative or policy advocacy without first having approval from Senior Attorney Meeting or Executive Director

LSNF Litigation Manual

Appeals.

Filing any appeal from court or tribunal unless the program has a board-approved policy governing appeals, and unless executive director has approved

45 CFR, Part 1605

LSNF Policy Manual

Outside Practice.

Representing a client other than an eligible LSNF client in any matter (applies to full-time attorneys)

Exception for representation at no fee of family member, close personal friend, religious or community group, or pursuant to court appointment.  Must be approved by director, per LSC regulations.

45 CFR, Part 1604

LSNF Policy Manual

Over Income Client.

Representing a client whose gross income is above the levels in Schedule B of the Income Guidelines; representing a client whose income falls within Schedule B without providing written factual basis for decision to director

Exception if denial will jeopardize family structure or place applicant’s economic future and well being in peril or for clients with unusual medical or nursing home expenses, with director’s written approval.

45 CFR, Part 1611

LSNF’s Client Eligibility Guidelines

Excess Assets Client.

Representing a client whose liquid assets exceed the LSNF asset limits

May be waived with director’s approval, which must be documented in applicant’s file.

45 CFR, Part 1611

LSNF’s Client Eligibility Guidelines

Advocacy Training.

Conducting or supporting a training program advocating a particular public policy or encouraging political activity, boycotts, picketing, strikes, or demonstrations

Not intended to prohibit training of advocates on how to provide legal assistance to clients, nor advice to clients as to their legal rights regarding political activities, etc.

PL 104-134, Sec. 504(a)(12)

45 CFR, Sec. 1612.8

LSNF Policy Manual

Outside Employment.

Engaging in outside employment without permission from director

LSNF’s Personnel Manual

Demonstrations, etc.

Participating in public demonstrations, picketing, boycotts or strikes on LSNF time while representing LSNF clients or while using LSNF resources

Exception for actions in connection with your own rights as an employee; OK to inform and advise clients about legal alternatives to litigation.

42 USC Sec. 2996e(b)(5)(A)

45 CFR, Sec.1612.7(a)(c)

LSNF Policy Manual

Riots, civil disturbances.

Participating in a riot, civil disturbance, violation of an injunction or other illegal activity, or encouraging others to do so

This applies even though the action is taken on your own time.

OK to inform & advise clients about legal alternatives to litigation.

42 USC Sec. 2996e(b)(5)(B)

45 CFR, Sec.1612.7(b)(c)

LSNF Policy Manual

Political Campaigning.

Engaging in campaigning or assisting a candidate on work time or in name of or with resources of  LSNF

OK to campaign on your own time.

45 CFR, Part 1608

LSNF Policy Manual

Political Candidacy.

Running for partisan political office, even if done on your own time

OK to run for non-partisan office.

45 CFR, Part 1608

LSNF Policy Manual

Voter Registration.

Engaging in voter registration or providing rides to the polls or engaging in any political activity on LSNF time or in name of LSNF

OK on your own time.

45 CFR, Part 1608

LSNF Policy Manual

Retainer.

Representing a client or cases (except brief advice and consultation) without written retainer.

45 CFR, Sec. 1611.8

Reporting Client Names.

Filing a case on behalf of a client without maintaining and reporting to LSC semiannually the name and full address of each party (unless protected by court order or rule or federal or state law or unless revealing information would endanger client), the cause of action, the court’s name and address and the case number

Report to LSC will be subject to FOIA.

Sec. 505 of 1998 Public Law

45 CFR, Part 1644

Assisted Suicide, Euthanasia or Mercy Killing.

Supporting, funding or providing legal assistance with LSC funds to assist in causing suicide, euthanasia or mercy killing of an individual, compelling others to so assist

Does not apply to withholding medical treatment, hydration or nutrition; alleviating pain or providing information on law

Does not apply to non-LSC funds

45 CFR, Part 1643