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John McKay
President
 
 
Board of Directors

Douglas S. Eakeley
Roseland, NJ
Chairman

John N. Erlenborn
Issue, MD
Vice Chairman

Hulett H. Askew
Atlanta, GA

LaVeeda M. Battle
Birmingham, AL

John T. Broderick, Jr.
Manchester, NH

Edna Fairbanks-Williams
Fairhaven, VT

F. Wm. McCalpin
St. Louis, MO

Maria Luisa Mercado
Galveston, TX

Nancy H. Rogers
Columbus, OH

Thomas F. Smegal, Jr.
San Francisco, CA

Ernestine P. Watlington
Harrisburg, PA
                                         August 17, 1999

Klaus Sitte, Deputy Director
Montana Legal Services Association
304 N. Higgins Avenue
Missoula, MT 59802-4538

Dear Klaus:

              Thank you for your timely submission of the Report of the Committee on State Planning and for the Committee's efforts in undertaking this important planning activity. We have had an opportunity to review the Report and would like to share the following observations with you. Please excuse this much delayed response to your Report.

              In 1998 Montana Legal Services Association (MLSA) took the initiative after receiving LSC's Program Letter 98-1 to start the statewide planning process and called together a Committee on State Planning (Committee) consisting of nine representatives of the bar, judiciary, state legislature. The Committee met three times. The Committee was asked to review the resources available to low income people in Montana and to assess the ability of those resources to meet the legal needs of Montana's low-income population.

              The report is a description of the current situation in Montana but does not provide a plan for a future, fully integrated and comprehensive delivery system as required in Program Letters 98-1 and 98-6. An effective plan needs to have the following elements:

  • an articulated vision and over arching set of values which guide the planning effort;
  • stated measurable goals and objectives with specific time frames for their accomplishment;
  • specific assigned responsibility for completion of tasks required to accomplish the stated goals and objectives;
  • participation of all necessary stakeholders to accomplish the goals and objectives and to fulfill the vision.
  1. A Delivery Network that Maximizes Client Access, Efficient Delivery, and High Quality Legal Assistance.
  2.               The report describes the current intake system at MLSA, the only statewide legal services provider that provides a full range of services to eligible clients. We congratulate MLSA for instituting a telephone hotline for advice and referral to its extended service component in 1996 and expanding it statewide in 1997. This effort extended access to many Montana low income residents in remote areas of the state. The report lists the strengths and weaknesses of MLSA's telephone intake system. However, it makes no recommendations for improving the intake system or for the statewide delivery system. The report does not discuss MLSA's relationship to the other providers and the role of the non-statewide providers in the current or future delivery network or how the issue of equal access to legal services for all low-income persons in the state can best be collectively addressed. There is also no discussion of policies or mechanisms for referral of service applicants among all the providers.

                  As noted below, the Committee needs to establish measurable goals and objectives for maximizing client access to high quality services including advice, brief service, and direct representation.

  3. Coordinated Efforts and a Capacity to Utilize New and Emerging Technology to Assure Compatibility, Promote Efficiency, Improve Quality and Expand Services to Clients.
  4.               The report describes the improved technology at MLSA. Montana Legal Services Association is applauded for its upgrades in telephony, computer hardware and software. The Committee may wish to assess the technological status of its partners in the delivery network such as the private attorneys and others who either assist or provide services to low income individuals to determine the potential for more efficient communication and information exchange methodology. Also the Committee should investigate the use of technology for better client access to services such as video conferencing, remote computer access, and a web page with community legal education, pro se information and materials, and other appropriate legal information.

  5. Coordinated Efforts to Expand Client Access to the Courts, Enhance Self-help Opportunities for Low-income Persons, and Provide Preventive Legal Education and Advice.
  6.               This section of the report describes an array of activities demonstrating the good working relationship between MLSA and the private bar. The activities include an annual resolution and financial support from the Montana Law Foundation and the state bar and local bar associations' cooperation with local field office programs on pro bono endeavors. As stated in Section III the State Bar has hired a pro bono coordinator and created an Access to Justice Committee to enhance these efforts.

                   The supplemental Report should include a review of the contributions these two additions have made to the service delivery efforts in Montana.

    The Committee determined that the lack of lawyers to provide legal services was the greatest barrier to access to justice in Montana. The report states that new nonprofit organizations-- People's Law Center, Appleseed, the Montana Advocacy Project and similar entities--provide some, but limited, additional services for areas in which MLSA cannot provide services because of restrictions. MLSA's Hotline, which provides legal advice, education and enhances self-help opportunities, is perceived by the Committee as a significant means for expanding access to the courts. The State Bar has hired a pro bono Coordinator, who is to assist in promoting pro bono efforts throughout the state. The State Bar also created a new Access to Justice Committee to engage in new initiatives for the recruitment and retention of pro bono lawyers.

                  Local bar associations participate in pro se bankruptcy and dissolution clinics, a family law advice clinic, a State Law Library advice clinic, an "inverse pyramid" advice clinic, and landlord/tenant clinics.

                  The Corporation applauds the efforts to involve the bar in increasing the pro se opportunities for the low income community. The Committee may also want to consider additional ways of expanding access including collaborative efforts by all legal services providers in the state to:

  • prepare and maintain community education materials in a coordinated manner;
  • develop systems to inform low-income persons throughout the state of their legal rights and responsibilities;
  • increase available options to resolve legal grievances and to enhance the availability of legal services;
  • develop additional pro se projects and structure them to provide effective assistance to the low income community.
  1. Coordination of Legal Work and a Capacity to Provide Training, Information and Expert Assistance Necessary for the Delivery of High Quality Assistance.
  2.               The report states that the Committee unanimously found that MLSA was the leader in providing training, information exchange and expert assistance to the private bar and other service providers. The report recommended that MLSA should continue to serve as a clearinghouse for information regarding the legal needs of the poor. The report does not detail the role MLSA plays in training or as a clearinghouse. The extent of coordination of training among providers is unclear. The report does not explain if there is an ongoing and periodic assessment of current needs of all legal service advocates and pro bono attorneys throughout the state. It is unclear if there is any coordination of legal work and information sharing among legal services providers in Montana.

                  The Committee should supplement the Report to include a discussion of the access to adequate and appropriate training and professional development opportunities that exists for the other providers in the state. The supplemental Report should also discuss any coordination and information sharing that exists among the providers. If there is none, why this situation exists and what efforts can be made to enhance coordination of legal work in the state.

  3. Coordination and Collaboration With, and a High Degree of Involvement by the Private Bar.
  4.               This section of the report describes an array of activities demonstrating the good working relationship between MLSA and the private bar. The activities include an annual resolution and financial support from the Montana Law Foundation and the state bar and local bar associations' cooperation with local field office programs on pro bono endeavors. As stated in Section III the State Bar has hired a pro bono coordinator and created an Access to Justice Committee to enhance these efforts.

                  The supplemental Report should include a review of the contributions these two additions have made to the service delivery efforts in Montana.

  5. Diversified Funding and Coordination of Resource Development Efforts.
  6.               There does not appear to be state-based strategy to involve stakeholders in a coordinated and sustained effort to preserve and expand existing state revenue sources. The report discussed the funding currently available to MLSA, and its plan apply for grants, to conduct a private donor campaign, and to reintroduce filing fee legislation in 1999.

                  The Corporation suggests that the Committee carefully reconsider the issue of diversified funding and determine if there is any possibility of formulating a plan for coordinated resource development effort that would involve other delivery partners in Montana.

  7. Next Steps.

              The Corporation asks that Montana continue its planning process and prepare a Report to LSC that includes a plan which addresses the elements outlined on pages one and two as well as the other concerns stated in this letter. The planners should also consider whether additional stakeholders need to be included in the process in order to achieve a comprehensive, integrated delivery system for Montana. The Report will be due to LSC on December 1, 1999 and should also include an update on what has been accomplished since the last Report. We look forward to working with you over the next year. Please contact me if you have any questions.

                                                                                        Sincerely,
                                                                                        /s/
                                                                                        Carolyn Worrell, Program Counsel

cc: David Patterson, Board Chair
Neil Haight, Executive Director, Montana Legal Services Association
George Bousliman, Executive Director, State Bar of Montana
Michele Johnson, IOLTA Coordinator
Danilo A. Cardona, LSC Acting Vice President for Programs
Robert Gross, LSC Senior Program Counsel for State Planning