[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1604.7]



[Page 381]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1604_OUTSIDE PRACTICE OF LAW--Table of Contents

 

Sec. 1604.7  Court appointments.



    (a) A recipient's written policies may permit a full-time attorney 

to accept a court appointment if the director of the recipient or the 

director's designee determines that:

    (1) Such an appointment is consistent with the recipient's primary 

responsibility to provide legal assistance to eligible clients in civil 

matters;

    (2) The appointment is made and the attorney will receive 

compensation for the court appointment under the same terms and 

conditions as are applied generally to attorneys practicing in the court 

where the appointment is made; and

    (3) Subject to the applicable law and rules of professional 

responsibility, the attorney agrees to remit to the recipient any 

compensation received.

    (b) A recipient's written policies may permit a full-time attorney 

to use program resources to undertake representation pursuant to a court 

appointment.

    (c) A recipient's written policies may permit a full-time attorney 

to identify the recipient as his or her employer when engaged in 

representation pursuant to a court appointment.

    (d) If, under the applicable State or local court rules or practices 

or rules of professional responsibility, legal services attorneys are 

mandated to provide pro bono legal assistance in addition to the 

attorneys' work on behalf of the recipient's clients, the recipient's 

written policies shall treat such legal assistance in the same manner as 

court appointments under paragraphs (a)(1), (a)(3), (b) and (c) of this 

section, provided that the policies may only permit mandatory pro bono 

activities that are not otherwise prohibited by the LSC Act, applicable 

appropriations laws, or LSC regulation.