12101973 Regular Meeting - Laserfiche WebLink

Home Browse Search

I I . . sufficient to employ competent private counsel, the client should be given a legal explanation pertaining to such and provided a list of the community's practicing attornys. If the fee is not sufficient to attract a private attorney, the client'may be determined for the assistance of the Legal Aid and Assistance P:(ograD1 in light of eli- gibility factors. 2. Free legal services will be available to organizations composed of community residents and members of the group serVed. The definition of a group is necessarily difficult. However, as a general rule the concept is applied to associations of tenants, consumers,'neigh- borhood betterment groups or other persons with common interest. It should also be kept in mind that combined reSOllt'ces of the members of an organization may be sllfficient to engage a cOIP.petent attorney for the type of representation it seeks, thus, t'endering itself un- 'needing of LAAl' ser/ices. A flexible standard shot\ld beappH.ed. The ractors to be considered will include the size of theorganiza-' tion, the relative povert.y of the membet's of the, ot'ganization, ~d the cost of the legal assistance which t.he orgatlizationdesiJ:elh 3. There will he no aJ:bitrary limit.ation to the scope 00: type of. civil legal service to he provided to eligible clients. All areas of civil law wUJ. be included and a full spectrum of legal. work. will be provided:~ advice, representation. litigation and appeal. How- ever the legal program lUll not duplicate existing legal services for indigent clients. . . Advocacy ofappropriste reforms in: statutes, regulations, and administrative practices is a part of the the traditiOnal. 1::01e of the-. lawyer and should be among the services affor<:led by the LAAl'. This may include judicial challenge to particulat' practices and 'regulations. research into conflicting, or discriminating app],ications afla" or administt'ative rules and proposals for administrative andl~islative changes. 4. The LAAP will not provide funds to meet the responsibility to counsel fOl: indigent defendants in criminalprosect1tiQn which Federal Constitution impoS<as on the S~tes. a. If an applicant is an indigent he has a righttc,. counsel in' crilllir.alfelony cases' or in a misdemeanor punishable by impri.-. sonment; The client will be instructed to request apJ<O:l:ntlllent of counsel pursuant to Article 26.04 Code of Criminal Pro~dure of the State of Texas. 5.