Advisory Opinions

This section lists Office of Legal Affairs (OLA) Advisory Opinions (formerly known as External Opinions) from March 1997 to the present and some pre-1997 opinions of significant interest.  

For questions or research, including opinions going back to 1975, please contact the General Counsel, Ronald S. Flagg, flaggr@lsc.gov.

Please note that opinions may be modified or superceded by subsequent opinions or changes in applicable laws or regulations.

Opinion Number

Date

Title

AO-2020-005 Nov. 6, 2020 Non-Federal Status of LSC and LSC Grants and Contracts
AO-2020-004 June 24, 2020 Application of 45 C.F.R Part 1638 Restriction on Solicitation to Outreach Conducted by LSC Grantees
AO-2020-003 June 11, 2020 Part 1611 Income and Extra $600 Pandemic Payments
AO-2020-002 Feb. 18, 2020 Ongoing Monitoring of Part 1604 Outside Practice of Law
AO-2020-001 Feb. 11, 2020 Part 1611 Asset Screening for Household Goods and Personal Effects
AO-2019-004 Dec. 13, 2019 Use of LSC Funds as Non-Federal Matching Funds
AO-2019-003 Oct. 30, 2019 Application of 45 CFR Part 1610 to Child in Need of Care Proceedings with a Right to an Attorney
AO-2019-002 Aug. 29, 2019 Application of 45 CFR Part 1629 to LSC Funding Recipient Unable to Obtain Fidelity Bond or Similar Coverage
AO-2019-001 April 22, 2019 Recipients’ Participation in Research Studies
AO-2018-002 Nov. 14, 2018 Restrictive Clauses in Medical-Legal Partnership Contracts Between Recipients and Health Care Partners
AO-2018-001 Sept. 26, 2018 Part 1607 Requirements for Appointing Bar Associations
AO-2017-009 Dec. 27, 2017 Fees and Fee Sharing in Part 1609-Permissible Fee-Generating Cases
AO-2017-008 Dec. 1, 2017 Legal Information and Assistance Involving Voting Rights
AO-2017-007 Sept. 8, 2017 Part 1626 and Services by a U.S. Grantee to Micronesians living in Micronesia
AO-2017-006 Aug. 31, 2017 Qualification of a Bar Association to Appoint Attorney Members of a Recipient’s Governing Body as Required by 45 C.F.R. § 1607.3(b)(1)
AO-2017-005 June 30, 2017 Definition of “full-time attorney” in 45 C.F.R. Part 1604
AO-2017-004 June 28, 2017 Online “Free Legal Answers” Systems and LSC Screening
AO-2017-003 May 22, 2017 Application of 45 C.F.R. Part 1610 to Civil Commitment Proceedings with a Right to an Attorney
AO-2017-002 May 17, 2017 Use of LSC Funds to Offer Incentives to Recruit Client Volunteers for Intake System User Testing
AO-2017-001 May 1, 2017 Application of 45 C.F.R. Part 1607 and 45 C.F.R. Part 1619 to Board Meeting Minutes, Board Meeting Agendas, and Public Notice Requirements
AO-2016-007 Dec. 12, 2016 LSC Restrictions on non-LSC Funded Self Help Centers
AO-2016-006 Nov.r 18, 2016 Application of 45 C.F.R. Part 1613 and LSC’s 1996 Appropriations Legislation § 504(a)(15) to Reduction of Conviction and Resentencing Cases Under Utah and California Law
AO-2016-005 Sept. 9, 2016 Application of 45 C.F.R. § 1610.6 to Proceedings Involving Compelled Medication, Involuntary Commitment, or Voluntary Commitment 
AO-2016-004 Aug. 19, 2016 Financial Eligibility and Income Attributable to Foster Children in Group Homes and Nursing Homes (45 C.F.R. Part 1611)
AO-2016-003 Aug. 17, 2016 Part 1626 Eligibility Screening for Group Clients
AO-2016-002 July 11, 2016 Permissibility of Providing Legal Services to Noncitizen Parents and Noncitizen Guardians of Children Seeking Special Immigrant Juvenile Status
AO-2016-001 Feb. 11, 2016 Applicability of the Restriction on Solicitation (45 C.F.R. Part 1638) to Mailings Sent by LSC Recipients
AO-2015-003 11-10-2015 Multi-Entity Housing Initiative Coordinator Employed at an LSC Grantee
AO-2015-002 06-17-2015 Applicability of Restrictions on Fee-Generating Cases to Advice and Counsel or Brief Services
AO-2015-001 06-15-2015 Permissibility of Recipient Subscription to Agency Mailing Lists Under 45 CFR 1612.6(e)
AO-2014-008 12-05-2014 Applicability of Section 504(a)(11) and Part 1626 Alienage Restrictions in American Samoa
AO-2014-007 11-11-2014 Financial Eligibility Requirements for Eligible Client Members of a Recipient Governing Body Established by LSC Act & Regulations
AO-2014-006 09-04-2014 Discretion to Grant Part 1628 Waivers for Fund Balances Exceeding 25% of LSC Support
AO-2014-005 06-09-2014 Part 1612 Lobbying Activities
AO-2014-004 04-17-2014 Method to Determine Complaince With Governing Body Composition Requirements Under 45 C.F.R. 1607
AO-2014-003 04-04-2014 Part 1610 Program Integrity Involving an Attorney Incubator Project
AO-2014-002 03-07-2014 Allocations to PAI Requirement of Costs Associated With Services Provided During Common Interest Litigation
AO-2014-001 01-08-2014 Collection of Attorneys’ Fees in Social Security Disability Cases
AO-2013-011 12-11-2013 Attestation of Citzenship by PAI Attorneys
AO-2013-010 12-10-2013 Management Information Exchange Journal Article-LSC Restrictions on Lobbying, Legislative, and Administrative Activities
AO-2013-009 11-26-2013 Applicability of LSC's Rules of Eligibility to Court Appointments
AO-2013-008 11-05-2013 Recipient Use of Tribal Funds to Represent Clients Without Verifying Citizenship or Eligible Alien Status
AO-2013-007 10-01-2013 MLSC’s Eligibility for Governing Body Waivers
AO-2013-006 08-12-2013 Use of Paralegal Support for Outside Practice of Law
AO-2013-005 07-30-2013 Citizenship Attestation by Minors
AO-2013-004 06-24-2013 Representation of briefly incarcerated client under 45 C.F.R.1637
AO-2013-003 06-13-2013 Derivative U Visas for Family Members of U Visa Applicants Represented by LSC Recipients
AO-2013-002 02-21-2013 Use of Older American Act Funds for Representation of Ineligible Aliens
AO-2013-001 01-17-2013 Prior Approval for Purchases of Personal Property and Services Under Part 1630 and the PAMM
AO-2012-002 08-22-2012 Part 1626 Eligibility of Aliens and the DHS Deferred Action Policy for DREAM Act Eligible Aliens
AO-2012-001 08-21-2012 Part 1604 Outside Practice of Law and Court-Appointed Artibrators in Pennsylvania
AO-2011-001 05-02-2011 PAI Allocability of Costs Related to Intake and Referral of Applicants to Certain Pro Bono Volunteer Lawyer Programs
AO-2010-004 09-13-2010 Inclusion of Costs in PAI Subgrant Threshold under 45 CFR Part 1627
AO-2010-003 09-13-2010 Candidacy in Local Election Without Party Affiliation Not Sufficient to Render Candidacy Permissible under 45 CFR Part 1608
AO-2010-002 04-14-2010 Legal Assistance to Ineligible Aliens with U.S. Citizen Children (Part 1626)
AO-2010-001 03-05-2010 Permissibility of Using LSC Funds to File an Amicus Curiae Brief
AO-2009-1008 11-02-2009 1626 Eligibility Screening and Statutory Exceptions
AO-2009-1007 11-25-2009 "Incubator Program" Attorneys Status as Staff Attorneys
AO-2009-1006 09-03-2009 Inquiry into Income Prospects Pursuant to 45 CFR 1611.7(a)
AO-2009-1005 06-23-2009 1612 Public Demonstrations and Working Hours
AO-2009-1004 06-19-2009 Subgrants to Staff-Model Legal Services Provider; Qualification as PAI under 45 CFR Part 1614
AO-2009-1003 06-18-2009 Group Eligibility Under 45 CFR Part 1611
AO-2009-1002 06-10-2009 Application of 1626 Documentation Verification Requirements
EX-2009-1001 03-06-2009 1610.6 Appointment of Counsel in Civil Family Law Right to Counsel Cases
EX-2008-1005 12-08-2008 Receipt of Court Ordered Guardian Fees
EX-2008-1004 09-10-2008 1610 Program Integrity Analysis of Subleasing Arrangement
EX-2008-1003 09-10-2008 Minors Represented through Court: Retainers and Eligibility Issues
EX-2008-1002 04-17-2008 Permissibility of Attorneys' Fees in Social Security cases
EX-2008-1001 03-19-2008 Requirement for Persons Assisted by PAI Attorneys to be Eligible Program Clients
EX-2006-1008 11-02-2006 Financial Eligibility of Client Member of Board of Directors
EX-2006-1007 10-16-2006 Application of Part 1608 to Newly Hired Attorney
EX-2006-1006 10-05-2006 Inquiry Regarding 45 CFR 1608.4(a)
EX-2006-1005 10-05-2006 Meaning of "intentionally identify" in 45 CFR 1608.4(a)
EX-2006-1004 07-11-2006 Request for Reconsideration of EX-2003-1010
EX-2006-1003 06-07-2006 Permissibility of Grantee Board Member Fundraising Lobbying Activities Under Part 1612
EX-2006-1002 05-08-2006 Criminal Cases, Part 1613 and CSR Reporting
EX 2006-1001 01-06-2006 Financial Eligibility for Eligible Client Board Members
EX-2005-1004 06-10-2005 1618 Compliance; 1604 Outside Practice of Law - Notary Service
EX-2005-1003 12-16-2005 Clarification of OLA External Opinion EX-2002-1004 Regarding PAI Cases and Attorneys' Fees
EX-2005-1002 07-15-2005 Program Integrity Analysis of Configuration Proposal
EX-2005-1001 03-07-2005 Whether Work with Law Students May Count Towards PAI Requirement
EX-2004-1006 09-21-2004 Duty to Ensure Continued Financial Eligibility
EX-2004-1005 09-17-2004 Review of Relationship Between MidPenn Legal Services and Dauphin County Bar Association
EX-2004-1004 06-02-2004 Eligibility of Citizens of FSM and RMI for Legal Assistance under Compact of Free Association Amendments
EX-2004-1003 02-23-2004 Permissibility of Retroactive Payment of Wages
EX-2004-1002 02-17-2004 Representation of Persons in Actions Under Arkansas Criminal Eviction Statute
EX-2004-1001 01-08-2004 Attorney-Client Privilege and Access to Recipient Client Names, Problem Codes and Descriptions of Services
EX-2003-1015 12-01-2003 Program Integrity Analysis of Relationship Between LSC Recipient ALSC and non-LSC entity APBP
EX-2003-1014 10-27-2003 Permissibility of Attorneys' Fees Pursuant to Lease
EX-2003-1013 09-16-2003 Permissibility of PRLS Attorney Participation in Legislative Compilation of Puerto Rican Labor Laws
EX-2003-1012 07-23-2003 1618 Compliance; 1604 Outside Practice of Law
EX-2003-1011 07-09-2003 Interpretation of 45 CFR 1638 (Restriction on Solicitation) *Superseded by AO-2016-001
EX-2003-1010 07-09-2003 Permissibility of Attorneys' Fees Claims Pursuant to State Contract Reciprocity Statutes
EX-2003-1009 06-24-2003 Part 1610 Program Integrity Configuration Proposal
EX-2003-1008 05-08-2003 Part 1610 Program Integrity Configuration Proposal
EX-2003-1007 04-02-2003 Definition of Family Unit When Household is Split into Two Residences
EX-2003-1006 03-26-2003 Priorities Requirements and non-LSC Funds
EX-2003-1005 03-20-2003 Clarification of November 12, 1999 External Opinion on Attorneys' Fees
EX-2003-1004 03-07-2003 Prohibited Political Activity under 45 C.F.R. Part 1608
EX-2003-1003 02-10-2003 Part 1604/Outside Practice of Law
EX-2003-1002 01-21-2003 Potential Conflict of Interest Where PAI Coordinator is Spouse of PAI Attorney
EX-2003-1001 01-13-2003 Transfer, Subgrant and PAI Questions Involving Technology Grants
EX-2002-1011 12-13-2002 Internal Opinion 2002-2008: Transfer, Subgrant and Subsidy Considerations for LSC Grantees Participating in Statewide Websites using LSC funds
EX-2002-1010 10-08-2002 Propriety of Judicial Custody Master Serving on NLS Board of Directors
EX-2002-1009 07-19-2002 Subgrantee Timekeeping Requirements
EX-2002-1008 07-15-2002 Attorneys' Fees Demand for Private Attorney Co-Counsel
EX-2002-1007 07-12-2002 Subgrantee Timekeeping *Superseded by EX-2002-1009*  
EX-2002-1006 06-14-2002 Advice and Counsel or Brief Services for Prisoners
EX-2002-1005 05-07-2002 Representation of homeless people on misdemeanor warrants and tickets
EX-2002-1004 05-07-2002 Private attorneys claiming fees in cases under contract with recipients
EX-2002-1003 03-21-2002 Inability of State or Local Judge to Overrule Executive Director's Determination About Outside Practice of Law or Circumvent LSC's Regulations Related Thereto
EX-2002-1002 01-25-2002 Requested Waiver of Income Eligibility Guidelines for National Reservists
EX-2002-1001 01-25-2002 Requested Waiver of Income Eligibility Guidelines for Victims of 9/11
EX-2001-1015 10-22-2001 The impact of the factors in 45 CFR sec. 1611.5(b)(1) on the determination of income eligibility
EX-2001-1014 09-21-2001 Acceptance of attorneys' fees as part of bankruptcy-related settlement
EX-2001-1013 08-31-2001 Representation of person involuntarily held in psychiatric facility pending determination of competency to stand trial for criminal charges
EX-2001-1012 07-30-2001 Release of Client Intake Information in Response to Non-Judicial Subpoena
EX-2001-1011 07-11-2001 Eligibility of Older Americans Act Client to Serve as ´Eligible Client Member' on Recipient Board of Directors
EX-2001-1010 05-07-2001 Eligibility of Marshall Islanders for Legal Services
EX-2001-1009 04-09-2001 Eligibility of Privately Funded, Non-Profit to Apply for LSC Grant Pursuant to Part 1634
EX-2001-1008 04-03-2001 Health Insurance Premiums as Medical Expenses under 45 CFR Part 1611
EX-2001-1007 03-20-2001 Assignment of Unsolicited Attorneys' Fees to Grantee by Judge
EX-2001-1006 03-19-2001 Attorney's Fees Check Mistakenly Listing a Recipient as a Co-Payee
EX-2001-1005 01-29-2001 Representation of Legal Permanent Resident Who Has Left the U.S.
EX-2001-1004 03-14-2001 Release of Subgrant to Reinstated Non-profit Subrecipient
EX-2001-1003 02-16-2001 Recipient Representation of Complainants in Domestic Violence Criminal Proceedings
EX-2001-1002 02-02-2001 Current Income Taxes and Client Income Eligibility under 45 CFR Part 1611
EX-2001-1001 01-29-2001 Request for an Opinion Regarding Composition of New, Merged Board of Directors
EX-2000-1023 12-22-2000 Disposal of Property with No Current Monetary Value
EX-2000-1022   Number not used 
EX-2000-1021 12-07-2000 Substitution of Relay Center Service for TDD Equipment Pursuant to 45 CFR Part 1624
EX-2000-1020 11-06-2000 1618 Consultation -- 1604 Outside Practice of Law -- Previous Practice Cases after three years and the Definition of ´Consulting.' 
EX-2000-1019 11-01-2000 Eligibility of Citizen of American Samoa for Legal Services in Oklahoma; Applicability of Part 1635 Timekeeping Requirements to Public Defenders Employed by LAWO but Funded from Non-LSC Funds
EX-2000-1018 08-25-2000 LARC/NHLA Board Integration
EX-2000-1017 07-20-2000 Permissibility of Contracts for Public Defender Services by LSC Recipients
EX-2000-1016 07-20-2000 Use of LSC Funds as matching funds for VOCA grant
EX-2000-1015 07-20-2000 Regarding the deductibility of current income taxes from gross income under 45 CFR Part 1611 in determining income eligibility
EX-2000-1014 08-08-2000 H-2A Worker Eligibility
EX-2000-1013 07-05-2000 PASS Program Funds and Client Eligibility[Clarification of November 1, 1999 Opinion]
EX-2000-1012 06-21-2000 Definition of Family Unit for 1611 Client Eligibility Purposes
EX-2000-1011 05-16-2000 Outside Practice of Law - Consulting Services for Legal Helpline
EX-2000-1010 05-05-2000 Outside Practice of Law - Date of Termination of Employment
EX-2000-1009 03-13-2000 Use of LSC Funds as Matching Funds for Grants from TOP—Supersceded by AO-2019-004
EX-2000-1008 02-23-2000 Part 1604 Outside Practice of Law and Referrals from Charitable Organizations
EX-2000-1007 02-15-2000 Part 1626 Eligibility for Immigrants
EX-2000-1006 02-15-2000 Guardian Ad Litem Requirements
EX-2000-1005 02-15-2000 Running for non-partisan position
EX-2000-1004 02-07-2000 Waiver of Governing Body Restriction
EX-2000-1003 02-01-2000 Overlap of Board or Staff of Grantees and Subgrantees or Competing Organizations
Special Release 01-29-2000 Internal Opinion on LSC Access to Grantee Client Information   [On 01.29.00, the Board of Directors of LSC voted to make this Internal Opinion available to the public.] *Superseded by EX 2004-1001* 
EX-2000-1002 01-28-2000 Services to Alien Victim of Domestic Violence
EX-2000-1001 01-11-2000 Residency of Eligible Client Board Members of LSC Recipients
EX-1999-34 12-08-1999 Income Eligibility for FEMA Cases
EX-1999-29 12-06-1999 Transfer of IOLTA Funds and Program Integrity Guidelines
EX-1999-28 12-03-1999 Farm Expenses as Eligibility Deductions and Citizenship Eligibility for Group Clients
EX-1999-26 11-12-1999 Providing Time Records to Private Attorney for Fees Claim  *Clarified in EX-2003-1005*
  11-01-1999 Client Eligibility under Part 1611
  10-26-1999 Part 1629 Purchase of Employee Dishonesty Insurance in Lieu of a Fidelity Bond
EX-1999-22 10-15-1999 Meaning of Income in Part 1611
EX-1999-19 09-16-1999 Program Integrity Plan [45 CFR Part 1610 & Part 1642]
EX-1999-18 09-08-2099 PSLS - Eligibility of Juveniles in State Foster Care *Partially superseded by AO-2016-004*
EX-1999-17 08-27-1999 Tribal Trust Funds & 45 CFR Part 1611
EX-1999-15 08-16-1999 Enforcement Procedures & Outside Practice of Law
EX-1999-12 07-01-1999 [W]hether Recipients May Use LSC Funds for Fundraising Activities
EX-1999-08 07-16-1999 Reporting Requirements of 45 C.F.R. § 1609
EX-1999-07 06-21-1999 [W]hether Section 1610.6(b) Provides a Safe Harbor for Court Appointments to Civil Cases
EX-1999-06 06-21-1999 [R]egarding the Corporation's Attorneys' Fees Regulation, 45 CFR Part 1642
EX-1999-05 03-04-1999 Part 1637: Contract with Court to Represent Persons Likely to be Incarcerated
EX-1999-03 08-09-1999 Retainer Agreement Requirement and PAI
EX-1999-02 06-18-1999 [W]hether... Staff Member’s Potential Employment Constitutes “The Outside Practice of Law” or Falls Under the Exception of “Evaluations.”
EX-1999-01 01-25-1999 [R]Egarding the Ability of ...(A)... Full-Time Staff Attorney to Work to Supplement Her Income
EX-1998-63 01-08-1999 [R]egarding the Outside Practice of Law by a Legal Services Attorney
EX-1998-55 11-06-1998 The Application of Part 1626 to... Telephone Information, Advice and Referral System
EX-1998-53 10-27-1998 The Meaning of “Private Attorney” in 45 CFR Part 1614
EX-1998-47 11-23-1998 Whether 45 CFR Part 1608 Prohibits Voter Registration Activities by Non-Attorney Personnel in LSC-Funded Legal Services Programs
  07-27-1998 Part 1618 Case Acceptance Procedures
EX-1998-41 07-13-1998 Whether RLS Must Disclose Information on a Case
  07-10-1998 Part 1637 Prisoner Representation and Clients Under House Arrest
EX-1998-38 06-26-1998 Whether to Provide Civil Legal Representation to Prisoners
  06-23-1998 Part 1627 Use of LSC Funds for Pension Plan Association Dues
  05-13-1998 Part 1642 Attoreys' Fees in Administrative ERISA Case Files Prior to April 26, 1996
  04-17-1998 Part 1609 Charging Clients Small Processing Fees
  04-14-1998 Part 1604 Appointment of Staff Attorney as Paid Guardian Ad Litem 
  04-13-1998 Part 1610 Separately Funded Public Defender Program
  04-10-1998 Parts 1611 and 1626 Financial and Alien Eligibility Requirements As Applied to Violence Against Women Act Funds
  04-09-1998 Parts 1611 and 1626 Financial and Alien Eligibility Requirements As Applied to Court Grant for Pro Se Courthouse Assistance  *Superseded by AO-2016-007* 
  01-27-1998 Part 1610 Analysis of Affiliation Proposal
  10-22-1997 Part 1630 Use of LSC Funds as Matching Funds for Victims of Crime Act Grant—Supersceded by AO-2019-004
  09-23-1997 1607 Definition of Grantee Board Meeting Quorum
  09-12-1997 Part 1608 Program Attorney Who Ran for City Judgeship-Partially Overruled by EX-2003-1004
1997-09-10-a 09-10-1997 LSC is Not an Executive Agency, Department or Instrumentality of the Federal Government
1997-09-10-b 09-10-1997 Part 1610 Analysis of Affiliation Proposal
1997-09-10-c 09-10-1997 Provisions of Grantee Board Documents to Employee Union
  09-04-1997 Part 1607 Availability of a Waiver For Native American Program For Potential Attorney Board Members Not Licensed in the LSC Grant Service Area 
1997-07-29-a 07-29-1997 Parts 1604 & 1642 Attorneys' Fees for Cases Handled by Full Time or Part Time Grantee Attorneys
1997-07-29-b 07-29-1997 Part 1642 Attorneys' Fees for Social Security Cases Claimed Prior to Effective Date of Part 1642
  05-29-1997 Part 1637 Application to Persons in Mental Institutions or Under House Arrest
  05-20-1997 Part 1642 Application to Presentation of Attorney Time As Evidence in Re-Trial on Punitive Damages Claim
     
     
Pre-1997 Opinions of Interest    
  10-07-1994 Fees Paid by Clients in a Part 1614 PAI Program

 

Superseded by EX-2002-1009

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