Standards and Guidelines for ProvidersThe following standards and guidelines shall apply to all programs who receive funding from the Oregon State Bar Legal Services Program (OSB LSP) pursuant to ORS 9.572et seq. Except where it is explicitly noted, the standards and guidelines apply equally to all funded Providers.
A. Statement of GoalIt is the goal of the OSB LSP that all Providers shall be an integral part of an integrated delivery system for civil legal services which incorporates the Mission, Values and Core Capacities set forth in the OSB Civil Legal Services Task Force Final Report, May 1996 (Appendix C). The Task Force Report determined that filing fee money should be used to fund providers in an integrated system designed to provide relatively equal levels of high-quality client representation throughout the state of Oregon and designed to address the core capacities identified in the OSB Legal Services Task Force Report. The integrated delivery system should be structured to eliminate the legal and physical separation of offices serving the same geographical area, avoid duplication of administrative functions and costs, reduce the burdens on staff and clients, and minimize other barriers to the efficient delivery of legal services described in the Declaration of Angel Lopez and Charles Williamson authorized by the Board of Bar Governors in January 2002 (Appendix D), while maintaining the Provider's ability to offer a broad array of high quality legal services consistent with the Mission Statement.
B. ProvidersIn 1998, the OSB LSP initiated fiscal and regulatory oversight of an integrated statewide network of civil legal aid Providers, hereinafter "Statewide and integrated Civil Legal Aid Providers."
In 2022, the OSB LSP initiated fiscal and regulatory oversight of immigration legal service providers (hereinafter "Immigration Legal Services Providers") through the Equity Corps of Oregon program and, subsequently, the Senate Bill 1543 (or Universal Representation) Program.
C. Provider Structure1.Non Profit: A Provider shall be an Oregon nonprofit corporation, incorporated as a public benefit corporation under ORS Chapter 65, and be recognized as tax exempt under section 501(c)(3) of the Internal Revenue Code.2. Board of Directors:a.Statewide and Integrated Civil Legal Aid Providers1) Statewide and Integrated Civil Legal Aid Providers shall have a Board of Directors which reasonably reflects the interests of the eligible clients in the area served, and which consists of members, each of whom has an interest in, and knowledge of, the delivery of quality legal services to the poor. Appointments to the Board of Directors shall be made so as to ensure that the members reasonably reflect the diversity of the legal community and the population of the areas served by the Provider including race, ethnicity, gender, and similar factors.2) A majority of the directors should be active or active pro bono members of the Oregon State Bar, appointed by the county bar association(s) in the Provider's service area, or by the Oregon State Bar.3) At least one-third of the directors should be persons who are eligible to be clients, but are not current clients, when appointed. The directors who are eligible clients should be appointed by a variety of appropriate groups designated by the program that may include, but are not limited to, client and neighborhood associations and community-based organizations which advocate for or deliver services or resources to the client community served by the Provider. b.Immigration Legal Services Providers1) Immigration Legal Services Providers shall have a Board of Directors which reasonably reflects the interests of the eligible clients in the area served. Appointments to the Board of Directors shall be made so as to ensure that the members reasonably reflect the diversity of the legal community and the population of the areas served by the Provider including race, ethnicity, gender, and similar factors.2) Board membership should strive to include active or active pro bono members of the Oregon State Bar.3) Board membership should strive to include persons presently or formerly impacted by the immigration system and/or those who are eligible to be clients, but are not current clients when appointed. Providers should actively recruit from community organizations including, but not limited to, client and neighborhood associations and community-based organizations which advocate for or deliver services or resources to the client community served by the Provider. 3. Staff Attorney Model: a. Statewide and Integrated Civil Legal Aid Providers shall have at least one active member of the Oregon State Bar on staff.b. Immigration Legal Services Providers shall havei. at least one active member of one state bar association, orii. be actively recognized through the US Department of Justice's Recognition and Accreditation Program, have at least one Accredited staff member, and maintain access to the services of a consulting attorney who is an active member of one state bar association. Immigration Legal Services Providers should aspire to have at least one active member of the Oregon State Bar on staff.
4. Pro Bono Program:a. Statewide and Integrated Civil Legal Aid Providers shall maintain a Pro Bono Program, certified by the Oregon State Bar pursuant to Chapter 12 of the OregonState Bar Policies (Appendix B), as a part of its system of delivery of legal services.b. Immigration Legal Services Providers shall aspire to maintain a Pro Bono Program, certified by the Oregon State Bar pursuant to Chapter 12 of the OregonState Bar Policies , as a part of its system of delivery of legal services.5. Efficient Use of Resources: A provider should, to the maximum extent practicable, integrate its operations and staff into existing programs that provide general legal services to low-income Oregonians in the same geographical area and meet the criteria set out in paragraphs B.1 - B.4, rather than maintain organizations that are legally and physically separate. If separate organizations currently exist, the Provider should take whatever actions are required to achieve program integration that will eliminate unnecessary, costly, and inefficient duplication without compromising the Provider's ability to offer the full range of legal services contemplated by these Standards and Guidelines including, but not limited to, challenging federal restrictions that impede such integration.C. Provider Use of Funds and Eligibility Guidelines1. Use of Funds: A Provider shall use funds received pursuant to ORS 9.572 et seq. only for the provision of civil legal services to the poor. The use of funds from the OSB LSP or compliance with these Standards and Guidelines is a matter between the Provider and the OSB. Nothing in these rules shall be construed to provide a basis to challenge the representation of a client. The sole remedy for noncompliance with these Standards and Guidelines is found in the procedures under noncompliance in ORS 9.572 and in these rules, Section V.E. & F.
2. Eligibility Guidelines: The Board of Directors of a Provider shall adopt income and asset guidelines, indexed to the Federal poverty guidelines, for determining the eligibility of individuals seeking legal assistance from the program. A copy of the income and asset guidelines shall be provided as a part of the application for these funds and shall be consistent with the Provider's mission and written priorities.3. Payment of Costs: Eligible clients shall not be charged fees for legal services provided by a Provider with funds pursuant to ORS 9.572 et seq. However, a Provider may require clients to pay court filing fees or similar administrative costs associated with legal representation.4. Recovery of Attorney Fees: A Provider may also recover and retain attorney fees from opposing parties as permitted by law.D. Procedures for Priorities and Policy for Avoiding Competition with Private Bar1. Procedures for Establishing Priorities: A Provider shall adopt procedures for establishing priorities for the use of all of its resources, including funds from the OSB LSP. The Board of Directors shall adopt a written statement of priorities, pursuant to those procedures, that determines cases and matters which may be undertaken by the Provider. The statement of priorities shall be reviewed annually by the Board.a. The procedures adopted shall include an effective appraisal of the needs of eligible clients in the geographic area served by the recipient, and their relative importance, based on information received from potential or current eligible clients that is solicited in a manner reasonably calculated to obtain the views of all significant segments of the client population. The appraisal shall also include and be based on information from the Provider's employees, Board of Directors, local bar, and other interested persons. The appraisal should address the need for outreach, training of the program's employees, and support services.b. In addition to the appraisal described in paragraph a, of this section, the following factors shall be among those considered by the Provider in establishing priorities. 1) The population of eligible clients in the geographic area served by the Provider, including all segments of that population with special legal problems or special difficulties of access to legal services;2) The resources of the Provider;3) The availability of free or low-cost legal assistance in a particular category of cases or matters;4) The availability of other sources of training, support, and outreach services;5) The relative importance of particular legal problems to the individual clients of the Provider;6) The susceptibility of particular problems to solution through legal processes;7) Whether legal efforts by the Provider will complement other efforts to solve particular problems in the areas served;8) Whether legal efforts will result in efficient and economic delivery of legal services; and9) Whether there is a need to establish different priorities in different parts of the Provider's service area.2. Avoidance of Competition with Private Bar: The Board of Directors of a Provider shall adopt a written policy to avoid using funds received from the OSB LSP to provide representation in the types of cases where private attorneys will provide representation to low-income clients without charge in advance as with contingency fee cases. A copy of the policy shall be provided as a part of the application for these funds and shall be consistent with the Provider's mission and written priorities.E. Provider Grievance Committee and Process1.Grievance Committee: a. The Board of Directors of a Statewide and Integrated Civil Legal Aid Provider shall establish a grievance committee, composed of lawyer and client members in approximately the same proportion as the makeup of the Board.b. The Board of Directors of an Immigration Legal Services Provider shall establish a grievance committee or grievance review process that incorporates meaningful input from members of the Board. 2. Grievance Process: The Provider shall establish procedures for determining the validity of a complaint about the manner or quality of legal assistance that has been rendered, or about the denial of legal assistance due to a determination that a potential client is financially ineligible. a. The procedures shall minimally provide: 1) Information to a client at the time of the initial visit about how to make a complaint;2) Prompt consideration of each complaint by the director of the program, or the director's designee; and3) If the director is unable to resolve the matter, an opportunity for a complainant to submit an oral and written statement to the grievance committee.Adopted effective 5/29/1998; revised 2/22/2018; revised 2/17/2023.