Private Attorney Involvement, 27339-27341 [2013-11071]

Agencies

• LEGAL SERVICES CORPORATION

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27339-27341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11071]



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LEGAL SERVICES CORPORATION

45 CFR Part 1614


Private Attorney Involvement

AGENCY: Legal Services Corporation.

ACTION: Notice of rulemaking workshops and request for expressions of 
interest in participating in the rulemaking workshops.

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SUMMARY: The Legal Services Corporation (LSC) is conducting two 
Rulemaking Workshops (Workshops) and is requesting public comments on 
revising LSC's Private Attorney Involvement (PAI) rule to respond to 
Recommendation 2 of LSC's Pro Bono Task Force Report. The discussions 
in the Workshops and the other comments received will be considered in 
connection with rulemaking by LSC. LSC solicits expression of interest 
in participating as a panelist in the Workshops from the recipient 
community, the organized bar, pro bono organizations, and other 
interested parties.

DATES: Expressions of interest in participating as a panelist must be 
received by 5:30 p.m. EDT on June 25, 2013 for the first Workshop, and 
August 20, 2013 for the second Workshop. Written comments recommending 
additions, deletions, or modifications to the Topics for Discussion, 
including relevant alternatives, in the Workshops, or written comments 
on revising LSC's PAI rule, 45 CFR part 1614, to respond to 
Recommendation 2 of LSC's Pro Bono Task Force Report must be received 
by 5:30 p.m. EDT on June 25, 2013 for consideration for discussion at 
the first Workshop, and August 20, 2013 for the second Workshop. The 
final agenda for the first Workshop will be published on July 18, 2013, 
and on September 12, 2013 for the second Workshop. All written comments 
on revising the PAI rule, 45 CFR part 1614, must be received by 5:30 
p.m. EDT on October 17, 2013.

ADDRESSES: Written comments submitted to LSC must be in .pdf format (if 
submitted electronically) and sent to PAIRULEMAKING@lsc.gov. If 
submitted via facsimile, or in hard copy, please address the comments 
to Mark Freedman, Senior Assistant General Counsel, Legal Services 
Corporation, 3333 K St NW., Washington, DC 20007; (202) 337-6519 (fax). 
Written comments sent by any other means, or received after the end of 
the comment period, may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K St. NW., 
Washington, DC 20007; (202) 295-1500 (phone); 202-337-6519 (fax); or 
PAIRULEMAKING@lsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background Information

    On January 26, 2013, the LSC Board of Directors (LSC Board) voted 
to authorize LSC to initiate rulemaking to consider revisions to 45 CFR 
part 1614, Private Attorney Involvement (PAI rule) to respond to 
Recommendation 2 of LSC's Pro Bono Task Force, available at https://www.lsc.gov/sites/default/files/LSC/lscgov4/PBTF_%20Report_FINAL.pdf. 
The recommendation suggests LSC should reexamine the regulation in 
three areas:
    1. Resources spent supervising and training law students, law 
graduates, deferred associates, and others should be counted toward 
grantees' PAI obligations, especially in ``incubator'' initiatives;
    2. Grantees should be allowed to spend PAI resources to enhance 
their screening, advice, and referral programs that often attract pro 
bono volunteers while serving the needs of low-income clients; and
    3. LSC should reexamine the rule that mandates adherence to LSC 
grantee case handling requirements including that matters be accepted 
as grantee cases in order for programs to count toward PAI 
requirements.
    On April 14, 2013, the LSC Board voted to convene two Workshops in 
connection with the rulemaking. The Workshops will be held as a Web-
broadcast via Internet connection (Webinar) from LSC's Board meeting in 
Denver, Colorado on July 23, 2013, at the Warwick Denver Hotel, 1776 
Grant St., Denver, Colorado 80203 from 1:30 p.m.-4:30 p.m. MDT, and on 
September 17, 2013, at the F. William McCalpin Conference Center, Legal 
Services Corporation Headquarters, 3333 K Street NW., Washington, DC 
20007, from 1:30 p.m.-4:30 p.m. EDT. Participants are invited to attend 
in person, via Webinar, or telephonically via a conference bridgeline. 
Information about how to participate is available on LSC's Web site at 
https://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.

II. Nature of the Workshops

    Rulemaking workshops enable LSC to meet with interested parties to 
discuss, but not negotiate, LSC rules and regulations. The Workshops 
for the PAI rule will be meetings at which the panelists and 
participants hold open discussions to share ideas regarding how to 
revise the PAI rule in a manner responsive to the Recommendation 2 of 
LSC's Pro Bono Task Force Report.

III. Public Participation: Panelists and Open Comment

    LSC is inviting expressions of interest from the public to 
participate in either or both Workshops as a panelist. Expressions of 
interest in participating as a panelist should be submitted, in 
writing, to Mark Freedman, Senior Assistant General Counsel, Legal 
Services Corporation; via email to PAIRULEMAKING@lsc.gov; via fax to 
202-337-6519; or by hard copy mailed to 3333 K Street NW., Washington, 
DC 20007. All expressions of interest for the first Workshop must be 
received by 5:30 p.m. EDT on June 25, 2013 and August 20, 2013 for the 
second Workshop. LSC will select panelists shortly thereafter and will 
inform all those who expressed interest whether or not they have been 
selected.
    The Workshops will be open to public observation, and portions of 
the Workshop will be open for public comment from in-person, Webinar, 
and telephone participants. Prior to the meeting, participants will be 
asked to register with LSC to ensure that sufficient arrangements can 
be made for their participation. Panelists and in-person participants 
are expected to cover their own expenses (travel, lodging, etc.). LSC 
may consider providing financial assistance to a panelist for whom 
travel costs would represent a significant hardship and barrier to 
participation. Any such person should so note in his/her expression of 
interest for LSC's consideration.
    Through this notice, LSC is also opening a written comment period. 
LSC welcomes written comments during the comment period outlined below, 
under Submission of Comments, and will consider the comments received 
in the rulemaking process.

IV. Topics for Discussion

    The following three topics and items for discussion will be 
addressed during the Workshops and are the subjects on which LSC seeks 
written comments. Each topic is directly from Recommendation 2 of LSC's 
Pro Bono Task Force Report. Members of the public are welcome to 
recommend additions, deletions, or modifications to these Topics for 
Discussion, including relevant alternatives, for LSC's consideration 
through written comment prior to the Workshops or by participation in 
the first Workshop.
    Workshop panelists, and those wishing to make comments, may find

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additional background information on each of these topics on the 
designated Workshops Web site at https://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.
    Topic 1: LSC Pro Bono Task Force Recommendation 2(a)--Resources 
spent supervising and training law students, law graduates, deferred 
associates, and others should be counted toward grantees' PAI 
obligations, especially in ``incubator'' initiatives.
    The Pro Bono Task Force identified several categories of pro bono 
volunteers as potential resources for LSC recipients to expand in the 
delivery of legal assistance. The Task Force noted that the LSC 
definition of ``staff attorney,'' which is based on a compensation 
scheme standard, is a barrier to full engagement by recipients of 
deferred associates, law students, and recent law school graduates. LSC 
welcomes a full discussion of engaging new categories of pro bono 
volunteers and of improvements to the PAI regulation that would 
facilitate that engagement.

Items for Discussion on Topic 1:

     How are legal service providers engaging new categories of 
volunteers? What are the needs of these new categories of volunteers?
     What are the obstacles to LSC grant recipients' full use 
of these volunteers?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the supervision and training of 
these volunteers?
     How can LSC ensure against fraud, waste, or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss how any approaches you 
recommend might be implemented.
    Topic 2: LSC Pro Bono Task Force Recommendation 2(b)--Grantees 
should be allowed to spend PAI resources to enhance their screening, 
advice, and referral programs that often attract pro bono volunteers 
while serving the needs of low-income clients.
    The Pro Bono Task Force identified the benefits of integrated 
intake and referral systems that link clients to volunteer attorneys. 
Resources used by recipients to staff these integrated systems have not 
traditionally been recognized as eligible for PAI funds. LSC welcomes a 
full discussion of the relationship between integrated intake and 
referral systems that link clients with pro bono volunteers and the use 
of PAI funds.

Items for Discussion on Topic 2:

     How are recipients currently using integrated intake and 
referral systems?
     Do LSC's current PAI regulations inhibit full use of 
integrated intake and referral systems?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the resources used to create and 
staff integrated intake and referral systems?
     How can LSC ensure against fraud, waste or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss your organization's 
ability to execute any recommended approaches.
    Topic 3: LSC Pro Bono Task Force Recommendation 2(c)--LSC should 
reexamine the rule, as currently interpreted, that mandates adherence 
to LSC grantee case handling requirements, including that matters be 
accepted as grantee cases in order for programs to count toward PAI 
requirements.
    The Pro Bono Task Force encouraged brief service clinics in which 
pro bono volunteers rely on LSC recipients to provide technical 
assistance, research, advice, and counsel to the volunteers. If the 
recipient is not providing the client service, but is providing 
training to pro bono volunteers, the Pro Bono Task Force recommended 
that the resources the recipient uses to support the training be an 
eligible use for PAI funds, without obligating the pro bono volunteers 
to screen clients for LSC eligibility or requiring the recipient accept 
the people served by the clinics as its own clients. LSC welcomes a 
full discussion of the use of pro bono volunteers in such clinics and 
invites input on improvements to the existing regulations to facilitate 
such use.

Items for Discussion on Topic 3:

     How are recipients currently using or supporting pro bono 
volunteers in brief service clinics?
     What are the obstacles to recipients' use of pro bono 
volunteers in brief service clinics?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the resources used to support 
volunteer attorneys staffing brief service clinics?
     If LSC were to allow recipients to claim PAI credit for 
the resources used to support volunteer attorneys staffing brief 
service clinics under circumstances where the users of the clinics are 
not screened for LSC eligibility or accepted as clients of the 
recipient, how could that change be implemented in a manner that 
ensures compliance with legal restrictions on recipients' activities 
and uses of LSC funds?
     How can LSC ensure against fraud, waste or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss your organization's 
ability to execute any recommended approaches.

V. Submission of Comments

    Members of the public are invited to submit recommended additions, 
deletions, or modifications to the above described Topics for 
Discussion, including relevant alternatives, for LSC's consideration, 
through written comment prior to the Workshops, or by participation in 
the first Workshop.
    Written comments received prior to the Workshops may be addressed 
in the Workshops. Written comments are requested by June 25, 2013 for 
LSC to consider including in the first Workshop discussion, and August 
20, 2013 for the second Workshop discussion.

Format of the Workshops

    LSC plans to host two Workshops to maximize the opportunity for 
participation. Both of the meetings will include a panel discussion of 
the Topics for Discussion in this notice. The first Workshop will also 
include discussion of any recommendations for additions, deletions, or 
modifications of these Topics for Discussion. Panelists will be 
selected to represent a diversity of opinions and perspectives.
    In addition to the panel, LSC encourages observation and 
participation by all interested individuals and organizations. The 
meeting agenda will include opportunities for individuals in attendance 
who are not members of the panel to participate in person, by webinar, 
or via telephone, as well as incorporating previously submitted written 
comments by those unable to attend. LSC plans to transcribe the 
meetings and make the webinar available on its Web site.
    LSC has developed a designated Web site for the purposes of these 
Workshops and will update it as information becomes available. The 
final agenda for the Workshops will be available on the LSC Web site 
for the Workshops approximately five days prior. The Web address is 
https://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.

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VI. Important Notes

    Information received in response to this Notice of Rulemaking 
Workshops and Request for Expressions of Interest in Participation in 
the Rulemaking Workshops may be published or summarized by LSC without 
acknowledgement of or permission from you or your organization. 
Furthermore, your responses may be releasable to the public under the 
LSC's adoption of the Freedom of Information Act (FOIA), 42 U.S.C. 
2996d, and the LSC FOIA regulation, 45 CFR part 1619. LSC, at its 
discretion, may request individual commenters to elaborate on 
information in their written comments.
    Comments sent by any method other than email to 
PAIRULEMAKING@lsc.gov, or hard copy to Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K Street NW., 
Washington, DC 20007, or received after the end of the comment period, 
may not be considered by LSC.

    Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013-11071 Filed 5-9-13; 8:45 am]
BILLING CODE 7050-01-P