KEY ELEMENTS TO A COMPREHENSIVE INTEGRATED
LEGAL SERVICES TO THE POOR DELIVERY SYSTEM
PROPOSED ACTION PLAN
I. COORDINATED SYSTEM
A. Intake Guidelines
Action: Develop recommended intake guidelines which address:
hours of operation
use of technology
conflicts
required travel limits
response time lines, etc.
Actors: State Planning Group (SPG) committee, Texas Lawyers Care (TLC) staff
B. Referral Database
Action: Provide access to a regularly maintained comprehensive referral database which includes eligibility criteria and case priorities, if possible.
Actors: TLC, SPG committee (Bruce Bower)
C. Case management system
Action: Develop and make available, at no or low cost, a uniform case management system.
Actors: SPG committee, TEAJF staff, SBOT Board Legal Services Committee
II. UNIVERSAL ACCESS
A. Restrictions
1. Action: Work with Supreme Court to relax BCLS all-funds restriction.
Actors: Supreme Court, TEAJF, SPG committee (Scott Ozmun)
2. Action: Review IOLTA restrictions and make recommendations regarding revisions.
Actors: Supreme Court Commission, TEAJF board, SBOT Legal Services to the Poor in Civil Matters Committee (LSPCMC)
B. Unrestricted Fund
1. Action: Develop a fund without restrictions to support the provision of services which are prohibited by primary Texas funding sources. Sources of funding to be explored will include, among others:
pooling individual program unrestricted funds
Litigation Section funds
revising attorney dues statement to include voluntary contribution opt-out
Actors: TEAJF, LSPCMC, SBOT leadership, SPG committee (Jim Comstock-Galagan, Julie Oliver, Marci Rosenberg, Shea)
2. Action: Develop guidelines for use of unrestricted funds.
Actors: TEAJF, LSPCMC, SPG committee (Jim C-G, Julie O., Marci R., Shea )
III. STATEWIDE LEADERSHIP
A. Supreme Court
1. Be represented by at least one justice in state planning process
2. Appoint Supreme Court Access to Justice Commission with the following charges:
a) Identify and pursue legislative and other funding options.
b) Identify and pursue legal system reforms that would improve access to justice by the poor.
c) Study IOLTA restrictions and advise Supreme Court on revisions that would improve access to justice.
3. Promote the high priority status of legal services to the poor.
B. State Bar of Texas
1. Be represented by members of the Board leadership, Board Legal Services Committee, and Standing Committee on Legal Services to the Poor in Civil Matters Committee in the state planning process.
2. Provide strong leadership in legislative advocacy for legal services funding and in other resource development efforts.
3. Include access to justice issues in any campaign to restore public trust in the legal profession.
4. Aggressively address the commitments made to the Supreme Court on January 27, 2000 and in the Pro Bono Marketing plan.
IV. ADEQUATE RESOURCES
A. Financial Resources
1. Legislative opportunities
Action: Determine the most appropriate legislative funding options and aggressively pursue those in the 2001 legislative session and beyond. Options to be considered should include:
Crime Victims Compensation funds
general revenues
punitive damages
loan repayment for legal services attorneys
2. Non-legislative opportunities
Action: Identify and pursue non-legislative resource development options, including:
voluntary dues statement opt-out provision
law firm fellows placed with legal services providers
Actors: Supreme Court Access to Justice Commission, SBOT leadership, State Bar LSPCMC, provider coalition (a la Lone Star Justice Fund).
3. Pro Bono
Aggressively implement Pro Bono Marketing Plan.a) Action:
Actors: State Bar LSPCMC, State Bar leadership
b) Action: Hold law firm pro bono summit for large firms and corporate law departments to educate them on innovative access to justice strategies and to elicit increased commitments to pro bono services, modeled after the HBA pro bono summit in 1999.
Actors: Supreme Court, ATJ Commission, State Bar leadership, local bar leaders
3. Reduced Fee Panels
Actions: Develop suggested standards for the operation of reduced fee panels for persons that are of low-moderate income or less, establish reduced fee panel project to supplement lawyer referral services at the State Bar and at local bars with LRS.
Actors: State Bar leadership, State Bar Lawyer Referral and Information Service Committee, State Bar LSPCMC, local bar associations
V. MAXIMIZING THE USE OF RESOURCES
Actions:
1. Identify technology goals and develop standards and a technology plan for the legal services to the poor delivery system in Texas.
2. Gather necessary infrastructure information .
3. Develop plan for coordinated purchases.
4. Seek funding from Commerce Department.
5. Seek support from technology industry for affordable implementation of plan.
6. Seek additional funding, as necessary.
Actors: SPG Technology Sub-committee (David Hall), State Bar Technology Vision Group, Commerce Department grant application group (Jonathon Vickery).