Mary M. Connolly
Executive Director
Volunteer Lawyers Project of the
Boston Bar Association, Inc.
29 Temple Place
Boston, MA 02111-1350

Re:  The Massachusetts Statewide Plan for the Delivery of Legal Services to Low Income Clients

Dear Ms. Connolly:

The Legal Services Corporation thanks you and your colleagues Ms. King, Messrs. Barbieri, McMahon, Waldfogel and Yox for the Massachusetts Statewide Plan for the Delivery of Legal Services to Low Income Clients (Plan), submitted on September 29, 1998. The staff of the Office of Program Operations has had an opportunity to review the Plan and would like to share the following observations with you.

LSC recognizes the extensive planning engaged in by the Massachusetts Commission on Equal Justice beginning in 1995. The 1996 Equal Access to Justice Report "Equal Access to Justice: Renewing the Commitment" is a thoughtful and thorough document. The process engaged in to produce the Report was extensive and involved a significant array of stakeholders. Planning continues with the Equal Justice Coalition (EJC) providing the structure for continuing assessment of the delivery system and the resources needed to support it on a statewide basis. The creation of the EJC is an affirmation of the commitment to continue the planning. The Corporation applauds these steps and encourages the planning process to continue. LSC recognizes that the EJC has met and is positioned to adopt an agenda to set goals for future activities which would implement the findings and recommendations from the Report. Please send LSC the Coalition's agenda when it is adopted.

1. A Delivery Network that Maximaizes Client Access, Efficient Delivery, and High Quality Legal Assistance.        

Massachusetts has addressed the challenge of providing equal access to legal services for all low-income persons in the state by providing six regional intake systems. Three are "hotlines" and provide immediate counsel, advice, brief service and referral to callers using significant telephone and computer technology. The others are more traditional telephone intake systems. This configuration of multiple and significantly different intake systems could be an impediment to a fully integrated delivery network. The programs have taken two positive steps to find better coordination. The first is an attempt to establish common standards for the provision of services in each program and to ensure conformity to those standards of delivery and levels of service in the next year. The second is the creation of a statewide working group that meets regularly, conducts training and assesses the strengths of the various intake systems.

The LSC recipients should continue to work on improving intake. Consideration to greater uniformity of intake throughout the state could be studied including program wide intake at Cape Cod and the Islands and Merrimack Valley.

2. Coordinated Efforts and a Capacity to Utilize New and Emerging Technology to Assure Compatibility, Promote Efficiency, Improve Quality and Expand Services to Clients.

The Plan reports an impressive coordinated effort by legal services providers in Massachusetts to use technology collaboratively. Among the strengths of the coordination was the creation of a statewide Technology Committee by the Massachusetts Legal Assistance Corporation (MLAC), with representatives from all legal services programs in the state to develop technology standards to be adopted by all programs. The overarching goal -- that all programs will have the ability to communicate, transfer documents, briefs, pleadings, etc. with each other over a interconnected system--is impressive. The Committee has thus far set significant preliminary goals, including all staff having computers, each office networked, all staff having internal and external e-mail, and financial, case management and time-keeping systems computerized.

Another strength of the coordination efforts is the plan to create two web sites, one for clients, human service providers, and private attorneys and the other for legal services providers.

The efforts to develop technology should continue. All LSC recipients should achieve the same level of use of the Internet, e-mail, and technology for legal research.

3. Coordinated Effort to Expand Client Access to the Courts, Enhance Self-help Opportunities for Low-income Persons, and Provide Preventive Legal Education and Advice.

This section of the Plan is not as strong as the others. There was little information on community education materials and instruction. The Plan reported that the large volume of pro se litigants and the diversity of treatment in different jurisdictions impede coordination on a statewide level. Hopefully, legal services program staff will provide helpful insight and assistance to the bar and court committees which are beginning to assess these issues.

The planners may want to consider if this is an area of primary concern and concentration at this time and determine if sufficient resources can be devoted to the subject in light of other statewide efforts.

4. Coordination of Legal Work and a Capacity to Provide Training, Information and Expert Assistance Necessary for the Delivery of High Quality Assistance.

The Plan describes a highly integrated network of coordinated legal work and training in Massachusetts. The strengths in this area include:

The current coordination of legal work and training should continue as well as increased efforts to integrate technology for training and communication on substantive areas.

5. Coordination and Collaboration With, and a High Degree of Involvement by the Private Bar.

Present PAI efforts are concentrated mainly on the individual program level. Attempts to coordinate and collaborate on a statewide level could be stronger. To achieve a more coordinated use of private attorneys, the pro bono coordinators from programs meet quarterly to share ideas, discuss training, issues of recruitment, retention, and information. Coordinators from five other New England states now meet with the Massachusetts pro bono coordinators. Several county and specialty bar associations are expanding pro bono efforts. All six LSC recipients have active pro bono programs. There is good incorporation of PAI attorneys into training and professional development.

The program's coordinators should continue meeting on state and regional levels. Efforts to enhance the use of technology in coordinating PAI should also continue. The planners may want to undertake an evaluation of the levels of pro bono participation statewide to determine the areas of low participation and determine strategies to increase participation in those areas, including expanding statewide opportunities for participation in the programs' work that have been successfully used by some programs, e. g., teaching clinics, providing intake, advice and referral services.

6. Diversified Funding and Coordination of Resource Development Efforts.

Massachusetts has a significant history of substantial and diversified funding. The successful efforts at expanding resources are impressive. The Plan indicates that the primary responsibility for resource generation is with the Coalition for Equal Justice. The 1996 Equal Access to Justice Report states that the organized bar, MLAC and legal services programs in conjunction with other interested parties should develop a detailed plan to achieve the goal of doubling resources for legal services. That plan was not described in the October 1, 1998 Report. Additionally, there was no description of any coordinated efforts among programs to share information on successful efforts at resource development or engage in coordinated fund raising.

LSC programs may want to coordinate with each other on sharing information on best practices to develop resources and coordinate efforts in the resource development area.

7. A Configuration That Maximizes the Effective and Economical Delivery of High Quality Legal Services Throughout the State.

The legal services providers and other stakeholders in Massachusetts have expended considerable efforts in considering the most appropriate configuration to provide high quality legal services in the state. A careful analysis was undertaken in 1995 and 1996, which resulted in consolidations and creation of new providers. While LSC believes the current configuration is appropriate for now, review and analysis of how this configuration is functioning for the benefit of clients should occur on a regular basis during the next two years.

8. Additional Reporting.

LSC recipients should report to the Corporation by January 15, 1999 on the Technology Committee's recommendations, the progress of the two web sites and the Equal Access to Justice plan to double resources for legal services.

The LSC recipients should report to the Corporation by October 1, 1999 on continued efforts to improve intake, to develop conforming standards of delivery and levels of service, activities to expand client access to the courts, any changes in technology and training, and on the coordination of funding efforts.

The planners should report to LSC by October 1, 2000 on the ongoing consideration of appropriate program configuration for Massachusetts.

The Corporation recognizes and applauds Massachusetts' significant planning over many years. The current planning is well grounded and recognizes the need for ongoing interacting functions that are aimed at logical goals. The Corporation looks forward to working with the planners over the next year. Please contact me if there are any questions.