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Should I File A Complaint?
If you believe that a staff member of an LSC-funded program is acting contrary to the law, filing a complaint may be an appropriate step. First, we recommend trying to resolve your concerns directly with the staff member in question. If this is not successful there may be other remedies before contacting LSC:
- If you apply for legal assistance from an LSC-funded program and are turned down, you may file a grievance directly with that program. LSC's regulations provide that persons denied legal assistance may have a simple review of the decision that you are not financially eligible, or that assistance is prohibited by the LSC Act, LSC Regulations or by the priorities established by that program. See LSC Regulation §1621.4 for more information. (
 100k)
- If you are a client of an LSC-funded program, you may also file a grievance directly with that program. LSC's regulations provide that clients may file a grievance regarding the manner and quality of legal services provided. See LSC Regulation §1621.3 for more information. ( 100k)
- If you believe an attorney has acted in an unethical manner, you may file a complaint with the state bar association or other licensing authority. LSC has a duty to maintain the "highest quality of service and professional standards" (42 U.S.C. 2996f(a)(1)). LSC does not have the primary responsibility over enforcement of state professional and ethical standards. This is the responsibility of the local bar and/or judiciary.
- If you believe that the program has acted in a discriminatory manner with respect to employment, you may contact the EEOC or its state equivalent. While LSC does seek to ensure that recipients of LSC funds comply with all non-discrimination laws, we lack the enforcement authority that other agencies may possess.
- If you believe the program has violated a provision of the LSC Act or regulations, you may file a complaint directly with LSC.
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What Can The Complaint Process Not Do?
- Make a Legal Services Program take your case. There is no entitlement to legal assistance in a civil case. A legal services program has the discretion to decide which cases to take and which to decline. Among the factors considered is the type of case and whether it is consistent with program priorities and the likelihood of success.
- Recover Money Damages. LSC has no power to award damages to a complainant, even if LSC finds a program acted contrary to the LSC Act or regulations.
- Make the Lawyer take action you wish him or her to take. Your attorney is a professional and has the responsibility to act in the best possible manner, considering the local law. Frequently, your attorney will present you with your options and should discuss your case with you.
- Resolve complaints about rude behavior. Again, this is not something LSC can regulate. Nevertheless, if you believe the staff person at the local legal services program is acting in an unprofessional manner, please let that person's supervisor know about this. If the person behaving improperly is the director of the local program, you may contact a board member of the local program with respect to your concerns.
- Represent you directly or find a lawyer who will represent you for no charge. LSC is not authorized to represent anyone directly, by itself. Similarly, it cannot arrange for personal representation of an individual with a private attorney.
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Why Should I File A Grievance With My Local Program?
There are several reasons why a client or applicant should first file a grievance with the local program. First, this is required by the regulations - if you file a complaint with LSC without having gone through the local process, we will probably ask you to complete this step first. Beyond the mere regulatory requirement, there are several practical reasons for going through the local process first:
- It is the quickest step to resolution.
- It allows the supervising attorney, director, and/or board members a chance to understand what is happening in the local program, which they administer.
- It allows you to make a personal appeal for your concerns, allowing for direct communication.
It has been our experience that the local program, staffed with advocates, will strive to understand your concerns and to address them in a thorough, professional manner.
Nevertheless, there are instances, given the several hundred clients served annually by legal services programs, that the concerns raised are not adequately addressed. Those that address a violation of the LSC Act and related authorities will be thoroughly reviewed by the Office of Compliance and Enforcement.
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How Do I File A Complaint?
If you decide to file a complaint with LSC, your complaint must be in writing. LSC, as a matter of policy, does not take complaints over the telephone. You may write a simple letter explaining the situation that you think indicates a violation of the LSC Act or regulations. No special language or form is necessary. However, your letter should contain the following:
- Your full name, address and telephone number(s);
- The program name and address. In addition, please indicate the name of the staff person about whom you are complaining;
- A brief, but complete, description of the facts explaining your situation; and
- Your signature.
We do currently accept complaints by e-mail, but will need to contact you by mail to follow-up on your concerns. In addition, after filing a complaint with LSC, we may need to contact you to obtain additional information.
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Can I File A Confidential Complaint?
The Legal Services Corporation is governed by the Freedom of Information Act, which means that there is a likelihood that the substance of your complaint, if not your identity, may be disclosed to the public. You may request confidentiality, however, we cannot assure you that your identity may never be discovered. It should be noted that we do seek to resolve complaints in a discreet manner.
If you are not a client or an applicant of the program, we will ask that you sign a Grant of Authority to give us permission to disclose your identity to the program as the complainant. If you have published your complaint broadly, say, for example, on a webpage or in a copy of your letter to a newspaper or a member of Congress, we will construe that you do not wish your complaint be maintained in confidence, but we will notify you, prior to contacting the program.
If you are an applicant for assistance or a client of the program, we may need to obtain a waiver of the attorney-client privilege, before the program may disclose all the information it has on your case to LSC. Nevertheless, LSC will seek to maintain this information in high confidence. The LSC regulations provide, for example, that LSC may not disclose income eligibility information provided to it by a recipient of LSC funds.
Finally, it should be noted that filing a complaint is a serious step and any false accusations may result in a civil action being filed by a person who believes he or she has been wrongly accused.
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What Happens After I File A Complaint?
Your complaint will be reviewed by an LSC staff member to determine whether it raises an issue which indicates there may be a violation of the LSC Act or related authorities. If your concerns do not fall within the areas we can regulate, no further action will be taken and you will be notified in writing. This decision is usually made within several weeks after we receive your complaint.
If your complaint does raise an issue that this office will review, we will notify you of our decision to continue the review and may seek additional information. A staff attorney in the Office of Compliance and Enforcement will be assigned to the complaint. The processing and review of most complaints at this stage can take anywhere from two months to a year or more, depending on the complexity of the situation.
You will be notified in writing regarding the outcome of your complaint.
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