Advisory Opinions

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This page lists Office of Legal Affairs (OLA) Advisory Opinions (formerly “External Opinions”) from 2010 to the present. It also provides most Advisory Opinions issued after 2000 and some from before then. Please note that these opinions may be modified or superseded by later opinions or changes to the law or regulations. For questions about OLA opinions please contact Mark Freedman, Senior Associate General Counsel (mfreedman@lsc.gov).

2021 Advisory Opinions

Opinion Number Date Advisory Opinion Title
2021-001 August 31, 2021 Part 1607 Conflicts for Judge Nominated to a Grantee Governing Body                                      

2018 Advisory Opinions

 

Opinion Number

Date

Advisory Opinion Title

AO-2018-002

Nov. 14, 2018

Restrictive Clauses in Medical-Legal Partnership Contracts Between Recipients and Health Care Partners

AO-2018-001

Sept. 26, 2018

Part 1607 Requirements for Appointing Bar Associations

 

2012 Advisory Opinions

 

Opinion Number

Date

Advisory Opinion Title

AO-2012-002

Aug. 22, 2012

Part 1626 Eligibility of Aliens and the DHS Deferred Action Policy for DREAM Act Eligible Aliens

AO-2012-001

Aug. 21, 2012

Part 1604 Outside Practice of Law and Court-Appointed Artibrators in Pennsylvania

 

2011 Advisory Opinions

 

Opinion Number

Date

Advisory Opinion Title

AO-2011-001

May 2, 2011

PAI Allocability of Costs Related to Intake and Referral of Applicants to Certain Pro Bono Volunteer Lawyer Programs

 

Archive of Advisory Opinions Issued Before 2010

Opinion Number

Date

Advisory Opinion Title

AO-2009-1008

Dec. 4, 2009

1626 Eligibility Screening and Statutory Exceptions

AO-2009-1007

Nov. 29, 2009

"Incubator Program" Attorneys Status as Staff Attorneys

AO-2009-1006

Sept. 3, 2009

Inquiry into Income Prospects Pursuant to 45 CFR 1611.7(a)

AO-2009-1005

June 23, 2009

1612 Public Demonstrations and Working Hours

AO-2009-1004

June 19, 2009

Subgrants to Staff-Model Legal Services Provider; Qualification as PAI under 45 CFR Part 1614

AO-2009-1003

June 18, 2009

Group Eligibility Under 45 CFR Part 1611

AO-2009-1002

June 10, 2009

Application of 1626 Documentation Verification Requirements

EX-2009-1001

March 6, 2009

1610.6 Appointment of Counsel in Civil Family Law Right to Counsel Cases

EX-2008-1005

Dec. 8, 2008

Receipt of Court Ordered Guardian Fees

EX-2008-1004

Sept. 10, 2008

1610 Program Integrity Analysis of Subleasing Arrangement

EX-2008-1003

Sept. 10, 2008

Minors Represented through Court: Retainers and Eligibility Issues

EX-2008-1002

April 17, 2008

Permissibility of Attorneys' Fees in Social Security cases

EX-2008-1001

March 19, 2009

Requirement for Persons Assisted by PAI Attorneys to be Eligible Program Clients

EX-2006-1008

Nov. 2, 2006

Financial Eligibility of Client Member of Board of Directors

EX-2006-1007

Oct. 16, 2006

Application of Part 1608 to Newly Hired Attorney

EX-2006-1006

Oct. 5, 2006

Inquiry Regarding 45 CFR 1608.4(a)

EX-2006-1005

Oct. 5, 2006

Meaning of "intentionally identify" in 45 CFR 1608.4(a)

EX-2006-1004

July 11, 2006

Request for Reconsideration of EX-2003-1010

EX-2006-1003

June 7, 2006

Permissibility of Grantee Board Member Fundraising Lobbying Activities Under Part 1612

EX-2006-1002

May 8, 2006

Criminal Cases, Part 1613 and CSR Reporting

EX 2006-1001

Jan. 6, 2006

Financial Eligibility for Eligible Client Board Members

EX-2005-1004

June 10, 2005

1618 Compliance; 1604 Outside Practice of Law - Notary Service

EX-2005-1003

Dec. 16, 2005

Clarification of OLA External Opinion EX-2002-1004 Regarding PAI Cases and Attorneys' Fees

EX-2005-1002

July 15, 2005

Program Integrity Analysis of Configuration Proposal

EX-2005-1001

March 7, 2005

Whether Work with Law Students May Count Towards PAI Requirement

EX-2004-1006

Sept. 21, 2004

Duty to Ensure Continued Financial Eligibility

EX-2004-1005

Sept. 17, 2004

Review of Relationship Between MidPenn Legal Services and Dauphin County Bar Association

EX-2004-1004

June 2, 2004

Eligibility of Citizens of FSM and RMI for Legal Assistance under Compact of Free Association Amendments

EX-2004-1003

Feb. 23, 2004

Permissibility of Retroactive Payment of Wages

EX-2004-1002

Feb. 17, 2004

Representation of Persons in Actions Under Arkansas Criminal Eviction Statute

EX-2004-1001

Jan. 8, 2004

Attorney-Client Privilege and Access to Recipient Client Names, Problem Codes and Descriptions of Services

EX-2003-1015

Dec. 1, 2003

Program Integrity Analysis of Relationship Between LSC Recipient ALSC and non-LSC entity APBP

EX-2003-1014

Oct. 27, 2003

Permissibility of Attorneys' Fees Pursuant to Lease

EX-2003-1013

Sept. 16, 2003

Permissibility of PRLS Attorney Participation in Legislative Compilation of Puerto Rican Labor Laws

EX-2003-1012

July 23, 2003

1618 Compliance; 1604 Outside Practice of Law

EX-2003-1011

July 9, 2003

Interpretation of 45 CFR 1638 (Restriction on Solicitation) *Superseded by AO-2016-001

EX-2003-1010

July 9, 2003

Permissibility of Attorneys' Fees Claims Pursuant to State Contract Reciprocity Statutes

EX-2003-1009

June 24, 2003

Part 1610 Program Integrity Configuration Proposal

EX-2003-1008

May 8, 2003

Part 1610 Program Integrity Configuration Proposal

EX-2003-1007

April 2, 2003

Definition of Family Unit When Household is Split into Two Residences

EX-2003-1006

March 26, 2003

Priorities Requirements and non-LSC Funds

EX-2003-1005

March 20, 2003

Clarification of November 12, 1999 External Opinion on Attorneys' Fees

EX-2003-1004

March 7, 2003

Prohibited Political Activity under 45 C.F.R. Part 1608

EX-2003-1003

Feb. 10, 2003

Part 1604/Outside Practice of Law

EX-2003-1002

Jan. 21, 2003

Potential Conflict of Interest Where PAI Coordinator is Spouse of PAI Attorney

EX-2003-1001

Jan. 13, 2003

Transfer, Subgrant and PAI Questions Involving Technology Grants

EX-2002-1011

Dec. 13, 2002

Internal Opinion 2002-2008: Transfer, Subgrant and Subsidy Considerations for LSC Grantees Participating in Statewide Websites using LSC funds

EX-2002-1010

Dec. 8, 2002

Propriety of Judicial Custody Master Serving on NLS Board of Directors

EX-2002-1009

July 19, 2002

Subgrantee Timekeeping Requirements

EX-2002-1008

July 15, 2002

Attorneys' Fees Demand for Private Attorney Co-Counsel

EX-2002-1007

July 12, 2002

Subgrantee Timekeeping *Superseded by EX-2002-1009*  

EX-2002-1006

June 14, 2002

Advice and Counsel or Brief Services for Prisoners

EX-2002-1005

May 7, 2002

Representation of homeless people on misdemeanor warrants and tickets

EX-2002-1004

May 7, 2002

Private attorneys claiming fees in cases under contract with recipients

EX-2002-1003

March 21, 2002

Inability of State or Local Judge to Overrule Executive Director's Determination About Outside Practice of Law or Circumvent LSC's Regulations Related Thereto

EX-2002-1002

Jan. 25, 2002

Requested Waiver of Income Eligibility Guidelines for National Reservists

EX-2002-1001

Jan. 25, 2002

Requested Waiver of Income Eligibility Guidelines for Victims of 9/11

EX-2001-1015

Oct. 22, 2001

The impact of the factors in 45 CFR sec. 1611.5(b)(1) on the determination of income eligibility

EX-2001-1014

Sept. 21, 2001

Acceptance of attorneys' fees as part of bankruptcy-related settlement

EX-2001-1013

Aug. 31, 2001

Representation of person involuntarily held in psychiatric facility pending determination of competency to stand trial for criminal charges

EX-2001-1012

July 30, 2001

Release of Client Intake Information in Response to Non-Judicial Subpoena

EX-2001-1011

July 11, 2001

Eligibility of Older Americans Act Client to Serve as ‘Eligible Client Member’ on Recipient Board of Directors

EX-2001-1010

May 7, 2001

Eligibility of Marshall Islanders for Legal Services

EX-2001-1009

April 9, 2001

Eligibility of Privately Funded, Non-Profit to Apply for LSC Grant Pursuant to Part 1634

EX-2001-1008

April 3, 2001

Health Insurance Premiums as Medical Expenses under 45 CFR Part 1611

EX-2001-1007

March 20, 2001

Assignment of Unsolicited Attorneys' Fees to Grantee by Judge

EX-2001-1006

March 19, 2001

Attorney's Fees Check Mistakenly Listing a Recipient as a Co-Payee

EX-2001-1005

Jan. 29, 2001

Representation of Legal Permanent Resident Who Has Left the U.S.

EX-2001-1004

March 14, 2001

Release of Subgrant to Reinstated Non-profit Subrecipient

EX-2001-1003

Feb. 16, 2001

Recipient Representation of Complainants in Domestic Violence Criminal Proceedings

EX-2001-1002

Feb. 2, 2001

Current Income Taxes and Client Income Eligibility under 45 CFR Part 1611

EX-2001-1001

Jan. 29, 2001

Request for an Opinion Regarding Composition of New, Merged Board of Directors

EX-2000-1023

Dec. 22, 2000

Disposal of Property with No Current Monetary Value

EX-2000-1022

 

Number not used 

EX-2000-1021

Dec. 7, 2000

Substitution of Relay Center Service for TDD Equipment Pursuant to 45 CFR Part 1624

EX-2000-1020

Nov. 6, 2000

1618 Consultation -- 1604 Outside Practice of Law -- Previous Practice Cases after three years and the Definition of ‘Consulting.’ 

EX-2000-1019

Nov. 1, 2000

Eligibility of Citizen of American Samoa for Legal Services in Oklahoma; Applicability of Part 1635 Timekeeping Requirements to Public Defenders Employed by LAWO but Funded from Non-LSC Funds

EX-2000-1018

Aug. 25, 2000

LARC/NHLA Board Integration

EX-2000-1017

July 20, 2000

Permissibility of Contracts for Public Defender Services by LSC Recipients

EX-2000-1016

July 20, 2000

Use of LSC Funds as matching funds for VOCA grant

EX-2000-1015

July 20, 2000

Regarding the deductibility of current income taxes from gross income under 45 CFR Part 1611 in determining income eligibility

EX-2000-1014

Aug. 8, 2000

H-2A Worker Eligibility

EX-2000-1013

July 5, 2000

PASS Program Funds and Client Eligibility [Clarification of November 1, 1999 Opinion]

EX-2000-1012

June 21, 2000

Definition of Family Unit for 1611 Client Eligibility Purposes

EX-2000-1011

May 16, 2000

Outside Practice of Law - Consulting Services for Legal Helpline

EX-2000-1010

May 5, 2000

Outside Practice of Law - Date of Termination of Employment

EX-2000-1009

March 13, 2000

Use of LSC Funds as Matching Funds for Grants from TOP *Superseded by AO-2019-004*

EX-2000-1008

Feb. 23, 2000

Part 1604 Outside Practice of Law and Referrals from Charitable Organizations

EX-2000-1007

Feb. 15, 2000

Part 1626 Eligibility for Immigrants

EX-2000-1006

Feb. 15, 2000

Guardian Ad Litem Requirements

EX-2000-1005

Feb. 15, 2000

Running for non-partisan position

EX-2000-1004

Feb. 7, 2000

Waiver of Governing Body Restriction

EX-2000-1003

Feb. 1, 2000

Overlap of Board or Staff of Grantees and Subgrantees or Competing Organizations

Special Release

Jan. 29, 2000

Internal Opinion on LSC Access to Grantee Client Information   [On 01.29.00, the Board of Directors of LSC voted to make this Internal Opinion available to the public.] *Superseded by EX 2004-1001* 

EX-2000-1002

Jan. 28, 2000

Services to Alien Victim of Domestic Violence

EX-2000-1001

Jan. 11, 2000

Residency of Eligible Client Board Members of LSC Recipients

EX-1999-34

Dec. 8, 1999

Income Eligibility for FEMA Cases

EX-1999-29

Dec. 6, 1999

Transfer of IOLTA Funds and Program Integrity Guidelines

EX-1999-28

Dec. 3, 1999

Farm Expenses as Eligibility Deductions and Citizenship Eligibility for Group Clients

EX-1999-26

Nov. 12, 1999

Providing Time Records to Private Attorney for Fees Claim  *Clarified in EX-2003-1005*

 

Nov. 1, 1999

Client Eligibility under Part 1611

 

Oct. 26, 1999

Part 1629 Purchase of Employee Dishonesty Insurance in Lieu of a Fidelity Bond

EX-1999-22

Oct. 15, 1999

Meaning of Income in Part 1611

EX-1999-19

Sept. 16, 1999

Program Integrity Plan [45 CFR Part 1610 & Part 1642]

EX-1999-18

Sept. 8, 2099

PSLS - Eligibility of Juveniles in State Foster Care *Partially superseded by AO-2016-004*

EX-1999-17

Aug. 27, 1999

Tribal Trust Funds & 45 CFR Part 1611

EX-1999-15

Aug. 16, 1999

Enforcement Procedures & Outside Practice of Law

EX-1999-12

July 1, 1999

[W]hether Recipients May Use LSC Funds for Fundraising Activities

EX-1999-08

July 16, 1999

Reporting Requirements of 45 C.F.R. § 1609

EX-1999-07

June 21, 1999

[W]hether Section 1610.6(b) Provides a Safe Harbor for Court Appointments to Civil Cases

EX-1999-06

June 21, 1999

[R]egarding the Corporation's Attorneys' Fees Regulation, 45 CFR Part 1642

EX-1999-05

March 4, 1999

Part 1637: Contract with Court to Represent Persons Likely to be Incarcerated

EX-1999-03

Aug 9, 1999

Retainer Agreement Requirement and PAI

EX-1999-02

June 18, 1999

[W]hether... Staff Member’s Potential Employment Constitutes “The Outside Practice of Law” or Falls Under the Exception of “Evaluations.”

EX-1999-01

Jan. 25, 1999

[R]Egarding the Ability of ...(A)... Full-Time Staff Attorney to Work to Supplement Her Income

EX-1998-63

Jan. 8, 1999

[R]egarding the Outside Practice of Law by a Legal Services Attorney

EX-1998-55

Nov. 6, 1998

The Application of Part 1626 to... Telephone Information, Advice and Referral System

EX-1998-53

Oct. 27, 1998

The Meaning of “Private Attorney” in 45 CFR Part 1614

EX-1998-47

Nov. 23, 1998

Whether 45 CFR Part 1608 Prohibits Voter Registration Activities by Non-Attorney Personnel in LSC-Funded Legal Services Programs

 

July 27, 1998

Part 1618 Case Acceptance Procedures

EX-1998-41

July 13, 1998

Whether RLS Must Disclose Information on a Case

 

July 10, 1998

Part 1637 Prisoner Representation and Clients Under House Arrest

EX-1998-38

June 25, 1998

Whether to Provide Civil Legal Representation to Prisoners

 

June 23, 1998

Part 1627 Use of LSC Funds for Pension Plan Association Dues

 

May 13, 1998

Part 1642 Attorneys' Fees in Administrative ERISA Case Files Prior to April 26, 1996

 

April 17, 1998

Part 1609 Charging Clients Small Processing Fees

 

April 14, 1998

Part 1604 Appointment of Staff Attorney as Paid Guardian Ad Litem 

 

April 13, 1998

Part 1610 Separately Funded Public Defender Program

 

April 10, 1998

Parts 1611 and 1626 Financial and Alien Eligibility Requirements As Applied to Violence Against Women Act Funds

 

April 9, 1998

Parts 1611 and 1626 Financial and Alien Eligibility Requirements As Applied to Court Grant for Pro Se Courthouse Assistance  *Superseded by AO-2016-007* 

 

Jan. 27, 1998

Part 1610 Analysis of Affiliation Proposal

 

Oct. 22, 1997

Part 1630 Use of LSC Funds as Matching Funds for Victims of Crime Act Grant *Superseded by AO-2019-004*

 

Sept. 23, 1997

1607 Definition of Grantee Board Meeting Quorum

 

Sept. 12, 1997

Part 1608 Program Attorney Who Ran for City Judgeship-Partially Overruled by EX-2003-1004

1997-09-10-a

Sept. 10, 1997

LSC is Not an Executive Agency, Department or Instrumentality of the Federal Government

1997-09-10-b

Sept. 10, 1997

Part 1610 Analysis of Affiliation Proposal

1997-09-10-c

Sept. 10, 1997

Provisions of Grantee Board Documents to Employee Union

 

Sept. 4, 1997

Part 1607 Availability of a Waiver For Native American Program For Potential Attorney Board Members Not Licensed in the LSC Grant Service Area 

1997-07-29-a

July. 29, 1997

Parts 1604 & 1642 Attorneys' Fees for Cases Handled by Full Time or Part Time Grantee Attorneys

1997-07-29-b

July 29, 1997

Part 1642 Attorneys' Fees for Social Security Cases Claimed Prior to Effective Date of Part 1642

 

May 29, 1997

Part 1637 Application to Persons in Mental Institutions or Under House Arrest

 

May 20, 1997

Part 1642 Application to Presentation of Attorney Time As Evidence in Re-Trial on Punitive Damages Claim

 

Oct. 7, 1994

Fees Paid by Clients in a Part 1614 PAI Program

 

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