New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXIX - Interest On Lawyer Account Fund
Part 7000 - Trustees' Regulations And Procedures
Section 7000.14 - Client financial eligibility for services

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 7000.14

Current through Register Vol. 46, No. 39, September 25, 2024

(a) A person eligible to receive legal services from funds allocated pursuant to this Part must have an income that does not exceed 125 percent of the official poverty threshold as defined by the United States Office of Management and Budget, except in the following circumstances:

(1) the person is seeking legal assistance to secure benefits provided by a governmental program for the poor;

(2) the person would be eligible but for the receipt of benefits provided by a governmental income maintenance program; or

(3) the person's circumstances require that eligibility should be allowed on the basis of one or more of the factors set forth in subdivision (b) of this section.

(b) In addition to income, a recipient shall consider other relevant factors in determining whether a person is eligible to receive legal assistance. Factors to be considered shall include:

(1) current income, taking into account seasonal variations in income;

(2) liquid assets;

(3) fixed debts and obligations, including Federal and local taxes and medical expenses;

(4) child care, transportation, mandatory payroll deductions and other expenses necessary for employment;

(5) age or physical infirmity of resident family members;

(6) the cost of obtaining private legal representation with respect to the particular matter in which assistance is sought;

(7) the consequences for the individual if legal assistance is denied; and

(8) any other factors related to financial inability to afford legal assistance.

(c) A recipient may provide legal assistance to a group, corporation, or association if it:

(1) is primarily composed of persons eligible for legal assistance under these regulations; or

(2) has as its primary purpose the furtherance of the interests of persons in the community who are unable to afford legal assistance; and

(3) provides information showing that it lacks, and has no practical means of obtaining, funds to retain private counsel.

(d) A recipient shall adopt a simple form and procedure to obtain information to determine eligibility in a manner that promotes the development of trust between attorney and client. If there is substantial reason to doubt the accuracy of the information, a recipient shall make appropriate inquiry to verify it in a manner consistent with the attorney-client relationship. Information furnished to a recipient by a client to establish financial eligibility shall not be disclosed to any person who is not employed by the recipient in a manner that permits identification of the client without the express written consent of the client.

(e) If an eligible client becomes ineligible due to a change in circumstances, a recipient shall discontinue representation if the change in circumstances is sufficiently likely to continue for a period which will enable the client to retain private legal assistance, and discontinuation is not inconsistent with the attorney's professional responsibility.

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