June 1, 1999

Douglas B. Canfield
Executive Director
Legal Services Corporation of Delaware, Inc.
100 West 10th Street, Suite 203
Wilmington, DE 19801

Re: State Planning Report

Dear Doug:

         The Legal Services Corporation thanks you for your submission of the Delaware State Planning Report. The staff of the Office of Program Performance has had the opportunity to review the report and would like to share the following observations with you. Please excuse our much delayed response to the report.

         LSC appreciates the extensive planning engaged in by key stakeholders in Delaware since 1994 and recognizes that significant coordination among legal services providers, the State Bar, and the judiciary exists today. This report reflects the effective results which can occur through collaborations and through the support and leadership of key stakeholders, to achieve an integrated delivery system. LSC recognizes and congratulates you for your efforts to develop an integrated delivery system in Delaware that provides comprehensive services for clients.

         You have told us that the Standing Committee of the Bar on the Provision of Legal Services to Low Income People continues to meet monthly and will be establishing goals for this year. When establishing goals for the year, the Standing Committee may wish to consider establishing overarching planning goals. It was not apparent in this report or in Delaware's 1995 state planning report whether the Standing Committee, as the primary planning body in Delaware, had ever established guiding principles. Such principles, or goals and values, are key to ensuring consistency of vision and purpose both in the planning process and throughout the implementation phases. In establishing these goals, Delaware planners may wish to consider the goals of an effective delivery system, which the Corporation outlined in Program Letter 98-6.

         Despite the lack of any articulated goals driving the planning process, the results to date have been impressive. We applaud the State Bar's ongoing commitment to address the legal needs of low income persons and to be a leader on planning issues. Further, we are pleased to see that key stakeholders in Delaware share in the recognition that planning is an ongoing process and intend to continue this important work.

I.          Delivery Network

         One strength of this report is the description of the constructive changes made in the delivery system since 1995. Very early in the Delaware planning process, planners evaluated legal services currently being provided to Delaware's poor by the various legal services providers, areas of overlap, and substantive areas not covered by any provider. As of result of this exercise, providers divided up substantive work areas among themselves and, in the case of one provider, expanded their areas of service. To some extent, Delaware's statewide centralized intake system also grew out of these initial collaborative efforts. As of October 1, 1998, Delaware's Legal Help Link has operated statewide. Legal Help Link is staffed by students and staff from Widener University Law School. Clients call a central number, a brief intake is performed to determine whether the client is income eligible and to determine the type of case. Eligible clients are then immediately transferred to the appropriate legal services provider.

         This report identifies several ongoing issues pertaining to the statewide intake system. No plan is presented for dealing with these issues. Given the history of the development of Delaware's centralized intake system, we are confidant that these issues will be dealt with. Planning and implementation in this area might be on firmer footing, however, if measurable goals and objectives for work in this area were driving the process.

II.          Resource Development

         As a result of collaborative efforts among key supporters of legal services, including the State Bar and the state Supreme Court, a joint fundraising campaign will be conducted for the first time in the Spring, 1999. The State Bar has agreed to underwrite some of the expenses for the campaign and to take an active role in promoting it. LSC wholeheartedly endorses this effort and wishes you much success.

III.          Access to Justice

         Under the leadership of the State Supreme Court, Delaware stakeholders have been very active in attempting to increase the ability of low income persons to represent themselves in the state courts and in trying to lower the barriers that low income persons face when trying to access the justice system. A number of projects have been undertaken to achieve these goals. Delaware stakeholders, especially the Court, are to be congratulated for their efforts in this area.

IV.          Private Attorney Involvement

         Pro bono activities are coordinated in Delaware through the Delaware Volunteer Legal Services. This project and your program's reduced fee panel work to maintain a stable of attorneys willing to represent low income persons. The Standing Committee's approach to increasing the number of attorneys providing representation to victims of domestic abuse may serve as a model for increasing private attorney involvement in other areas of law. Further, the use of free continuing legal education programs as an enticement for the participation of private attorneys in PAI is another excellent approach to expanding pro bono activities.

V.          Technology

         As part of the state planning process, Delaware providers have coordinated their efforts to ensure compatibility among technological capacities of the various programs. These efforts along with your program's firm commitment to its internal approach to technology, including the recognition that technology planning is an ongoing matter, and the description of how the State Bar hopes to use technology to expand access to the court system, all indicate that Delaware is in the forefront of using technology to promote efficiency and effectiveness of services and to expand services. For this, state planners should be proud.

VI.          Coordination of Legal Work and Training

         The only area of concern in this report is the issue of coordination of legal work and training. While training opportunities are available through the State Bar's continuing legal education program in traditional areas of practice, it is very likely that issues unique to the practice of poverty law are not covered in these events. It appears that poverty law training opportunities occur through programs offered by your staff, NLADA or the National Consumer Law Center. It is unclear whether these training opportunities are meeting the needs of all of the legal services providers in the state. We recognize the difficulties small states face in obtaining training in the areas of poverty law practice. While these difficulties may be insurmountable for legal services providers to overcome within their state, regional or national solutions may be needed. We were pleased to learn that discussions are underway with the Legal Aid Bureau, Inc. in Baltimore for possibly a regional new attorney training event. We hope that such an event is open to all new practioners of poverty law - both LSC and non-LSC funded.

         Further, this report does not describe the coordination of legal work among the major providers. While substantive areas of practice are divided among the providers, it is not apparent whether information concerning pattern and practice issues, legal strategies and techniques are shared among providers. Future planning reports should address this concern.

         The Delaware state planning report is clearly shows Delaware has made significant changes in the delivery system to benefit clients. The delivery network, technology, access to courts and involvement of the private bar have been enhanced. The leadership of the State Bar and state Supreme Court on low income delivery issues has been exemplary.