[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1604.7]

[Page 381]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1604_OUTSIDE PRACTICE OF LAW--Table of Contents
 
Sec.  1604.7  Court appointments.

    (a) A recipient's written policies may permit a full-time attorney 
to accept a court appointment if the director of the recipient or the 
director's designee determines that:
    (1) Such an appointment is consistent with the recipient's primary 
responsibility to provide legal assistance to eligible clients in civil 
matters;
    (2) The appointment is made and the attorney will receive 
compensation for the court appointment under the same terms and 
conditions as are applied generally to attorneys practicing in the court 
where the appointment is made; and
    (3) Subject to the applicable law and rules of professional 
responsibility, the attorney agrees to remit to the recipient any 
compensation received.
    (b) A recipient's written policies may permit a full-time attorney 
to use program resources to undertake representation pursuant to a court 
appointment.
    (c) A recipient's written policies may permit a full-time attorney 
to identify the recipient as his or her employer when engaged in 
representation pursuant to a court appointment.
    (d) If, under the applicable State or local court rules or practices 
or rules of professional responsibility, legal services attorneys are 
mandated to provide pro bono legal assistance in addition to the 
attorneys' work on behalf of the recipient's clients, the recipient's 
written policies shall treat such legal assistance in the same manner as 
court appointments under paragraphs (a)(1), (a)(3), (b) and (c) of this 
section, provided that the policies may only permit mandatory pro bono 
activities that are not otherwise prohibited by the LSC Act, applicable 
appropriations laws, or LSC regulation.