Current through Register Vol. 46, No. 52, December 24, 2024
(a)
No IOLA funds distributed pursuant to section
97-v of the
State Finance Law, section
497 of the
Judiciary Law and this Part may be used for any of the following purposes:
(1) the provision of legal services with
respect to any fee-generating case unless adequate representation is
unavailable;
(i) for the purposes of this
subparagraph, fee-generating case shall mean any case or matter which, if
undertaken on behalf of an eligible client by an attorney in private practice,
reasonably may be expected to result in a fee for legal services from an award
to a client, from public funds, or from the opposing party;
(ii) other adequate representation is deemed
unavailable if any one of the following factors are met:
(a) it has been determined that free referral
is not possible for any of the following reasons:
(1) the case has been rejected by the local
lawyer referral service or by two attorneys in private practice who have
experience in the subject matter of the case;
(2) neither the referral service nor at least
two attorneys in private practice who have experience in the subject matter of
the case will consider the case without payment of a consultation
fee;
(3) the case is of the type
which attorneys in private practice in the area ordinarily do not accept
without prepayment of a fee;
(4)
emergency circumstances compel immediate action before referral can be made,
but the client is advised that, if appropriate and consistent with the code of
professional responsibility, referral will be attempted at a later
time;
(b) recovery of
damages is not the principal object of the case and a request for damages is
ancillary to an action for equitable or other nonpecuniary relief, or inclusion
of a counterclaim requesting damages is necessary for effective defense or
because of applicable rules governing joinder of counterclaims;
(c) a court has appointed a qualified
recipient or an attorney employed by a qualified recipient pursuant to a
statute or a court rule or practice of equal applicability to all attorneys in
the jurisdiction;
(d) the case
involves the rights of a claimant under a publicly supported benefit program
for which entitlement to benefit is based on need.
(b) Criminal
proceedings. No funds distributed pursuant to this Part shall be used for the
provision of legal assistance with respect to any criminal proceeding or any
action in the nature of habeas corpus collaterally attacking a criminal
conviction.
(c) Prohibition on the
use of funds for political purposes.
No funds distributed pursuant to this Part shall be used
either directly or indirectly to contribute to any political party or
association, or any candidate for public or party office, and no political test
or qualification shall be used in making any decision, taking any action, or
performing any function under these regulations.
