Ronald G. Kirschenheiter, Executive Director
Micronesian Legal Services Corporation
P.O. Box 269
Saipan, MP 96950-0269

Dear Mr. Kirschenheiter,

Thank you for the timely submission of the State Plan for Micronesia. We at the Office of Program Performance have had an opportunity to review the Plan and would like to provide our comments at this time.

In the Plan, you have provided an excellent description of the countries and commonwealth which make up Micronesia and of the unique geographic, social, and economic characteristics which affect the delivery of legal services in that environment. As you note, MLSC is unlike other domestic legal services programs and the challenges in providing legal assistance in the service area are very different from those in other service areas. We are aware of and sympathetic to the obstacles you face in delivering legal services. Nonetheless, we believe that the considerations underlying the need for a planning process to assist in the development and improvement of the delivery system also apply in Micronesia. In this letter, we will address the planning process as a whole and the components of your Plan, based on the considerations set forth in Program Letters (PL) 98-1 and 98-6.

The Planning Process

PL 98-6 asks for a description of the state planning process and its participants. You state in general terms that MLSC discussed the best structure for delivery of legal services with staff, Board members, and clients. We recognize that your Board members are also key leaders within Micronesia, and you do mention working with social services agencies and traditional leaders in your legal work. However, there is no discussion of involvement of these groups and persons or other stakeholders in this or any other planning process, or of collaboration to identify and to meet both present and future needs.

PL 98-6 also requests that the Plan assess the strengths and weaknesses of the current approach; establish goals to strengthen and expand services to clients; and determine the major steps and a timetable necessary to achieve those goals. Without providing this analysis, the Plan concludes that the present method of delivering services is the best, and describes aspects of that system. We believe that planning is a continuous, forward-looking process, and that a viable plan should present common goals, purposes, and values determined as the result of an inclusive process, set forth a vision for the future of the delivery system, and provide for measurement and evaluation of the efforts to achieve the identified goals.

I. Intake, advice, and referral

The Plan describes an intake system in which the client is interviewed to determine eligibility, then meets with staff for discussion of the problem, and then is asked to return at a later date to learn if the case will be accepted, following staff decision at an office case acceptance meeting. MLSC also makes use of field trip ships and the radio to serve clients with access problems, and staff speak the local languages. The Plan states that this general model has worked well in the past.

Many legal services programs have looked carefully at their intake systems, and have modified their systems to be more effective and more "client-friendly", taking into account local considerations. While the use of a system based on telephone intake is probably not realistic for Micronesia and although a centralized intake system is unfeasible for all of Micronesia, many other features of new intake systems are relevant and have been adopted by other programs which serve special client populations. For example, in many situations staff may be able to provide advice and brief service assistance to the client at the time of the initial interview, thus obviating the need for the client to make a return trip to the office. Also, many programs dispense with case acceptance meetings for routine advice and brief service cases, when intake is conducted by experienced staff under attorney supervision. Selected innovations and approaches, once determined by the program, can then be applied in each office. You may wish to review the materials prepared by the Corporation on intake systems, available on the Corporation's web site. (See, e.g., "Intake Systems Report [Innovative Uses of Centralized Telephone Intake and Delivery in Five Programs]," March 1998).

II. Technology

The Plan describes MLSC's efforts to move forward on technology in a realistic manner, given the difficulties the program faces in the area of technological development. However, there is no mention of consideration as to whether MLSC's efforts can or should be coordinated or made compatible with those of others, such as the government or the courts, who likely face similar problems.

III. Access to the Courts, Self-help and Preventive Education

The Plan describes MLSC's active and innovative community legal education program, coordinated among offices, and its use of certain self-help strategies in conjunction with local groups and traditional leaders. There is little discussion of pro se advocacy, including collaboration with the Courts to promote client access. However, because of its strong connection to the client community, MLSC may already be engaged in such efforts.

IV.Coordination of legal work and capacity to provide training, information and expert assistance

Although the Plan does not discuss identification or assessment of training needs based on areas of client need, it does describe considerable training for MLSC professional staff, including the use of law school programs in conjunction with the Supreme Court. There is little mention of access to information and expert assistance within the program, or of coordination of legal work either within the program or collaboration with other entities within Micronesia, for example, with government attorneys who may be involved with consumer, environmental, or other issues of concern to clients.

V. Private attorney involvement

Although MLSC receives a PAI waiver, the Plan reflects activities, in conjunction with a local bar association and the courts, to encourage and expand pro bono attorney participation. MLSC is to be commended for its efforts to overcome the substantial obstacles to private attorney involvement.

VI. Resource development

The Plan reflects the fact that, while Micronesia lacks potential resources available in the various states (e.g., IOLTA, Area Agency on Aging programs), MLSC has been successful in obtaining support and funding from local governments. However, there is no mention of coordination with other entities (e.g., bar associations, community leaders) or of development of strategies to expand the resource base (e.g., from foundations, filing fee surcharges).

VII. System configuration

The Corporation agrees with MLSC?s conclusion that one LSC-funded program with a comprehensive, integrated delivery system is the best way to provide legal assistance to the three countries and one U.S. commonwealth which comprise Micronesia.

Next Steps

We commend MLSC for its long history of providing quality legal services to clients. As noted above, the Plan submitted by MLSC lacks some of the basic elements generally associated with a good planning process, including involvement of stakeholders, an assessment of strengths and weaknesses, and steps and a timetable to achieve identified goals. While it is clear that MLSC has good working relationships with local groups and clients, it does not appear from the Plan that it has involved those persons in planning focusing on comprehensive delivery of legal services. We believe that planning is an ongoing process and that application of these principles would be beneficial in charting the course for future provision of legal services in Micronesia. Accordingly, we request that you give further attention to the planning considerations in Program Letters 98-1 and 98-6 and to the issues in this letter, and that you submit a brief status report on your progress on or before March 1, 2000.

We are available to answer questions about the planning process, intake systems, and other matters. Please contact me if you have any questions.