STATE PLANNING CONSIDERATIONS

Legal Services Corporation

July 1998

STATE PLANNING CONSIDERATIONS

INTRODUCTION

      On February 12, 1998, the Legal Services Corporation issued Program Letter 98-1 calling upon all LSC recipients to participate in a state planning process to examine, from a statewide perspective, what steps should be taken in their states to further develop a comprehensive, integrated statewide delivery system. The Letter poses seven questions recipients are to address and requests recipients submit a report to LSC on or before October 1, 1998. These "State Planning Considerations" provide more information about statewide goals, capacities and approaches recipients should consider in addressing these questions.

      In presenting these Planning Considerations, LSC does not intend to establish "bottom line standards." Each state is different and needs to find its own ways to strengthen and further develop its statewide system. At the same time, we believe there are enough commonalities among the states and experience within the legal services community to suggest some guideposts that may help recipients and other stakeholders in their collaborative efforts to improve and expand services to clients.

Goals of Effective Statewide Systems

      The State Planning Considerations begin with an overview of key statewide delivery goals. Central to each is the notion that effective delivery systems are responsive to the most compelling needs of eligible clients, ensure the highest and most strategic use of all available resources, and maximize the opportunity for clients throughout the state to receive timely, effective and appropriate legal services. Local input and investment are important to assure providers respond to local needs, develop local solutions where appropriate, and build support within their communities. At the same time, it is the responsibility of all legal services providers to strive together to assure no eligible client is left out of the justice system or receives less effective assistance because of geography or other factors.

Capacities

      The Considerations next discuss the capacities and coordinated efforts recipients were asked to address by Program Letter 98-1. Funding limitations compel legal services providers continually to make choices among very important legal needs and possible service delivery activities, and to constantly face tradeoffs in which an increased commitment in one area may mean a lessening of emphasis in another. Accordingly, the Corporation does not expect that all states can develop every capacity in the immediate future or undertake every coordinated activity at the same time or to the same degree, especially where doing so may require acquisition or reallocation of significant and scarce resources. States must seek a reasonable balance among the areas, in light of their resources, and LSC will take into account variations in resources available to states as well as the priorities states may choose for strengthening their delivery system.

Indicators

      To further assist recipients, these Considerations also present "indicators" for each of the seven topics to be addressed in the state planning process. The indicators provide examples of approaches in place or under development in many states to which state planners can look for an indication of their state's progress in each of the seven areas. The indicators should not be seen as requirements or as the only approaches possible or desirable in a given state. There may be a variety of other activities which a statewide system of legal services providers may choose to undertake on a statewide basis in a particular state, and the Corporation encourages states to do so.

System Configuration

      Finally, these Planning Considerations present a framework and indicators for planners to consider as they analyze whether the present configuration of programs currently achieves, and will in the future, achieve the best possible results for clients. The Corporation remains committed to development of integrated delivery systems in each state and encourages recipients to consider carefully whether the present design and configuration of programs facilitates development of an integrated system that reflects the goals and capacities presented in these Planning Considerations.

GOALS OF EFFECTIVE STATEWIDE SYSTEMS

      The Corporation encourages development of statewide civil legal services delivery systems which are responsive to the most compelling needs of eligible clients, ensure the highest and most strategic use of all available resources, and maximize the opportunity for clients throughout the state to receive timely, effective and appropriate legal services. In accordance with prevailing professional norms, such a system should:

• identify and address the most important legal needs of eligible clients, as determined by appropriate needs assessments, taking into account the diversity of persons and needs in the state and its various communities;

• strive to provide low-income persons throughout the state broad and equal access to legal services regardless of such obstacles as disability, geographical isolation, culture and language;

• provide high quality legal services to clients throughout the state, regardless of regional distinctions in demography, the economy, or the presence or absence of other local resources to provide or support the provision of legal services to low-income persons;

• encourage innovation in the delivery of legal services accompanied by appropriate assessment of results;

• minimize duplication of capacities and administration and make the best use of resources available to the delivery system as a whole and its component parts; and

• have the capacity and flexibility to respond effectively and efficiently to new and emerging client needs and other changes affecting the delivery of legal services to the poor.

CAPACITIES AND COORDINATED ACTIVITIES

      State planning should be a continuous, forward-looking process. There is no national template that can be applied, and no optimum design or configuration applicable to all states. At the same time, there are key functional capacities and coordinated efforts that, when present, and integrated into a statewide system, have been shown to enhance the effective delivery of legal services to low-income people throughout the state. Program Letter 98-1 identified the following:

I.

A DELIVERY NETWORK THAT MAXIMIZES CLIENT ACCESS, EFFICIENT DELIVERY, AND HIGH QUALITY LEGAL ASSISTANCE

      Within each state, all low-income persons should have equal access to legal services. To achieve this goal, systems must be designed to use scarce resources efficiently and to overcome barriers to access caused by geographic isolation, language, disability, age, and inaccessibility or location of the legal services office. Programs must also tailor their services to ensure meaningful access to clients with distinct needs, such as the homeless, elderly, institutionalized, immigrants, farmworkers, and Native Americans. Once potential clients seek services from legal services providers, the state delivery network should have the capacity to respond promptly, efficiently, and effectively.

      Historically, most civil legal services programs required that all persons seeking assistance have an in-office interview to determine eligibility and the extent of services to be received, even though most of these persons only needed or would only receive, information, advice, or very brief service. Such approaches have proven to be inefficient and, at times, a barrier to access itself. Many legal services programs have replaced these historic walk-in methods with telephone intake and delivery systems which provide high quality advice and brief service, and promptly refer clients whose problems require more assistance to program case handlers or other resources. These telephone delivery systems permit clients to obtain help without traveling to an office, extend service to persons who previously would not have received any help, and free casehandlers to spend more time on extended service cases.

      In a number of states, statewide or regional systems, using advanced telephone and computer technology, have consolidated some or all of these intake, advice and referral functions in one location where trained, experienced staff provide prompt access for and assistance to clients. Some of these systems have a single or primary point of entry which lessens confusion among clients about where to seek assistance while allowing coordination of services, avoiding duplication, and conserving resources among providers.

      In states or regions where state planners believe a single intake, advice and referral system may not be appropriate, providers should find other ways to link their intake and delivery systems to provide prompt and even access for low-income persons throughout the state. At a minimum, all providers must have efficient, responsive systems and coordinate on such matters as publicity, case acceptance, intake and referral policies.

      Finally, while legal services offices within the state may have special programs to deal with the legal needs of special client populations such as immigrants, farmworkers and Native Americans, offices without these special programs must coordinate how the legal needs of these persons and others who experience disproportionate access barriers will be met.

Indicators

      In assessing the strengths and weaknesses of the state's delivery network, as well as to develop strategies to maximize client access, efficient delivery and high quality legal assistance, state planners may wish to consider whether:

Intake, Advice and Referral Systems Are Coordinated and Skilled Personnel Provide Prompt, Responsive, Intake, Advice, and Referral.

• Intake, advice and referral systems are centralized or coordinated within appropriate geographical regions to provide easy and even access to eligible clients.

• Intake, advice and referral system cases are regularly reviewed for quality of analysis and advice and identification of recurring or systemic problems affecting clients.

• Intake, advice and referral systems effectively use technology to record and manage client data and generate letters, information and self-help materials for clients.

• Programs routinely evaluate intake, advice and referral system effectiveness, including how effectively the system provides access to eligible clients.

Programs Have Taken Collective Action To Overcome Barriers to Client Access to Legal Services.

• Programs use a variety of means, such as toll free telephone lines, outreach visits, coordination with other agencies, and utilization of private attorneys to make services available to clients living in locations distant from a staffed office.

• Intake, advice and referral are conducted in languages commonly spoken in the area served.

• All programs with telephone intake systems offer alternatives to those clients who have difficulties in gaining access to or using a telephone system.

Special Population Clients Are Able to Gain Access to Legal Services Throughout the State.

• Intake, advice and referral systems identify and address legal issues of special population clients.

• Intake, advice and referral staff are knowledgeable about specialized legal expertise available within the state so that proper referrals may be made.

• Service delivery to special population clients is coordinated among programs.

II.

COORDINATED EFFORTS AND A CAPACITY TO UTILIZE NEW AND EMERGING TECHNOLOGY TO ASSURE COMPATIBILITY, PROMOTE EFFICIENCY, IMPROVE QUALITY AND EXPAND SERVICES TO CLIENTS

      Effective use of technology can significantly increase low-income persons' access to assistance, improve the effectiveness and efficiency of legal work within programs, and enhance coordination among legal services providers and related organizations and individuals.

      Technology can expand the access of low-income persons to legal assistance by increasing the amount of advice and brief service, community legal education materials and pro se assistance available. Intake, advice and referral systems that take advantage of technology to provide prompt advice, referrals and brief service hold the promise of serving more persons more quickly with the same or similar resources devoted to traditional intake structures. Web sites, intranets and related technologies can make community legal education and pro se materials much more broadly available than they have been. While the access of low-income persons to the Web is currently limited, libraries, schools and providers of other social services are rapidly obtaining this capacity, providing public access to citizens and alerting low-income persons to pertinent information.

      The efficiency and effectiveness of legal work within a program may be improved by augmenting casehandlers' access to legal information and expertise, strengthening legal work management, and increasing communication and coordination within a program. Computers linked to the Internet increase access to legal information and expertise by allowing access to computerized statutory and case materials, legal research materials, brief and pleadings banks and by linking casehandlers and task forces through e-mail and similar connectivity. Supervision of legal work and overall coordination of program advocacy are made considerably easier by the presence of networked case management software and e-mail access to all casehandlers.

      Similarly, the capacity of a legal services programs to be in touch with other legal services professionals, professionals in related fields, community organizations, and private bar members potentially or currently working on pro bono projects is considerably enhanced by e-mail, Web access and other related technologies. This capacity can result in shared information and expertise and expanded opportunities for coordinated efforts and joint projects.

      This potential has the best chance of being realized if all legal services providers within the state work together to expand resources and secure necessary expertise to establish compatible systems that are coordinated and non-duplicative.

Indicators

      In assessing the strengths and weaknesses of the state's technological capacities as well as in developing strategies to improve or expand technological capacities, state planners may wish to consider whether:

Advocates and Programs Have the Necessary Technological Capacity.

• There is a statewide planning capacity to assure the coordination of technology efforts throughout the delivery system and to plan for improvements. Plans are updated periodically to keep pace with changing technologies and delivery system needs.

• Each case handler has a desktop computer and the necessary skills and ability to use it effectively.

• In offices with more than five persons, computers are networked.

• Each office has at least one computer accessible to all staff with e-mail and Internet connectivity. Where each staff member does not currently have e-mail access at his or her desk, this capacity is being planned for within the next two years.

• The same case management software is used throughout the state. The software supports case reporting, intake and timekeeping.

• The delivery system has in place systems of technology training and support adequate to its needs.

• There is a plan, including a plan to develop and allocate resources, for necessary periodic replacement or upgrading of hardware and software.

Materials Are Put on the Web for Use by Low-Income Persons and Social Services Providers.

• Community legal education and pro se materials are available on one or more Web sites in the state.

Programs' Technological Infrastructure Supports Telephone Intake and Brief Advice Systems.

• Telephone intake and advice systems take advantage of appropriate technology including case management and advanced telephone systems.

• Programs' technological infrastructure (networked computers) is sufficient to support regional or statewide intake systems where planned.

Casehandlers Have Electronic Access to Legal Information and Expertise.

• A computerized brief and pleading bank and other materials such as substantive law manuals are available to casehandlers throughout the state.

• Casehandlers have access to adequate electronic legal research tools and the necessary skills to use them.

• Electronic communications among casehandlers, both within programs and externally (e.g. within task forces), is readily available through e-mail, intranets and/or list serves.

Private Bar Involvement Efforts Make Effective Use of Technology.

• PAI recruitment, training, and case handling are enhanced by utilization of technologies such as Web sites and other forms of electronic communication to transmit relevant information to and from participating attorneys, advertise PAI opportunities, and provide participating attorneys with resources (e.g. pleadings, substantive law materials) and information about training programs.

III.

COORDINATED EFFORT TO EXPAND CLIENT ACCESS TO THE COURTS, ENHANCE SELF-HELP OPPORTUNITIES FOR LOW-INCOME PERSONS, AND

PROVIDE PREVENTIVE LEGAL EDUCATION AND ADVICE

      Equal access to justice has long been a cornerstone of the Legal Services Corporation Act and a critical part of the mission of legal services programs. Reductions in federal funds coupled with the increase in client needs have required the legal services community to develop or use new approaches in order to address the need of low-income persons for access to information, services, courts, and other dispute resolution forums and processes.

      Several states have developed successful pro se and access-to-courts projects. Because of the influence of state laws and rules affecting such initiatives, individual providers, working alone, often have to make intensive efforts to implement such strategies. In many instances, positive results can be realized more easily by coordinated state level efforts. Collaboration with state bar committees and state judicial administrators can result in rule changes, development of uniform practices and procedures, publication and dissemination of pro se oriented materials and the development of a more accessible court system.

      Coordinated state level efforts to develop self-help and community education materials can provide similar benefit to clients. In some states, legal services programs, state bar associations and others have collaborated to develop, maintain, and distribute (in some instances, electronically) a range of legal information useful to low-income persons. These efforts are a cost effective way to provide information that can help low-income persons avoid or resolve legal problems by themselves.

Indicators

      In assessing the strengths and weaknesses of the state's access-to-justice capacity as well as in developing strategies to expand or to improve upon existing capacities in this area, state planners may wish to consider whether:

Community Education Materials, Information, and Instruction Are Prepared and Maintained in a Coordinated Manner and Made Readily Available Throughout the State.

• Low-income persons throughout the state are informed of legal rights and responsibilities, available options to resolve legal grievances, and the availability of legal services to assist them in protecting their rights.

• Where appropriate, audio, audio-visual, and electronic community legal education (CLE) materials are developed and made available.

• CLE materials are culturally and linguistically relevant to the various low-income populations within the state.

• Staff of community organizations are educated and trained to recognize the legal needs of low-income persons and to make appropriate referrals to legal providers.

Pro Se Projects Are Developed Collaboratively and Structured to Provide Effective Assistance to the Low-Income Community.

• Pro se projects use a reliable screening process to determine appropriate participants and provide the support participants need to achieve their objectives.

• Pro se materials are clear, easily understood by clients, and in languages spoken by a substantial portion of the low-income community.

• Pro se assistance is publicized through a variety of community outreach efforts.

• Pro se projects conduct on-going evaluation to ensure that clients achieve objectives, and projects identify problems and make improvements where needed.

State Based Efforts Are Undertaken With Other Stakeholders to Promote Access to Justice in the State.

• Efforts are undertaken to establish or work with state bar committees engaged in access issues.

• Participants work with state and local judicial officers and court administrative personnel to identify and overcome barriers to court access.

• Efforts are undertaken to work with state and local bar officials, judicial officers, and others to ensure low-income citizens have access to appropriate alternative dispute resolution mechanisms such as mediation and arbitration.

IV.

COORDINATION OF LEGAL WORK AND A CAPACITY TO PROVIDE TRAINING, INFORMATION AND EXPERT ASSISTANCE NECESSARY FOR THE DELIVERY OF HIGH QUALITY ASSISTANCE

      Provision of high quality legal services requires a competent and knowledgeable staff. This, in turn, requires on-going training and professional development, resource materials, timely updates about legal developments and strategies, and co-counseling or other expert assistance on complex client matters. Most programs individually lack the resources and capacities to ensure their staff are provided necessary training, information and related professional assistance. Further, it is not efficient or effective for each program in a state to separately attempt to address the needs of their staffs in these areas.

      Clients are better served and all programs in a state are more effective, economical and efficient, if the staff expertise and other resources of all providers are strategically coordinated to meet the training and professional development needs of staff throughout the state. Effective coordination allows for the identification and use of all available resources, minimizes duplication, facilitates appropriate division of labor, and assures more efficient use of scarce resources.

Indicators

      In assessing the strengths and weaknesses of the state's training and legal work coordination capacities as well as in developing strategies to expand or to improve upon existing capacities in this area, state planners may wish to consider whether:

Advocates Have Access to Adequate and Appropriate Training and Opportunities for Professional Development.

• There is on-going and periodic assessment of the training needs of legal services advocates and pro bono attorneys throughout the state. This assessment includes evaluation of training needs in substantive law, legal skills, management, and use of technology.

• There is an on-going assessment of training resources within the state (and, as necessary, outside the state), which may include resources within programs or a central statewide organization (e.g., state bar CLE).

• Plans are developed and implemented to address identified training needs.

Legal Work is Coordinated and Information Is Shared.

• Information about significant judicial, legislative, and administrative developments affecting clients is monitored, analyzed and shared through a central clearinghouse(s) and contact point(s) or other means.

• Information concerning legal strategies and techniques in the major legal areas affecting clients in the state is shared and consultation occurs through a central clearinghouse(s) and contact point(s) or other means.

• Casehandlers communicate electronically and electronically access legal information, including brief banks and practice manuals, and expertise.

• The development of practice manuals and related resource materials is coordinated.

• Regular statewide meetings (via teleconferencing if necessary because of geographical considerations) of casehandlers and supervisors are scheduled to discuss common legal issues, approaches, and strategies to serve clients.

V.

COORDINATION AND COLLABORATION WITH, AND A HIGH DEGREE OF INVOLVEMENT BY THE PRIVATE BAR

      Private attorney involvement is a critical element of any integrated and coordinated legal services delivery system that is committed to ensuring the highest and best use of all available resources. Many states, employing a variety of techniques, have been successful in enlisting the state Bar, the judiciary and others in developing and supporting private attorney involvement throughout the state. Coordinated recruitment, training and recognition of pro bono attorneys have also increased participation and helped local programs expand the range and types of services available to clients. Cooperative efforts among providers can also result in engagement of pro bono attorneys across program boundaries and otherwise help overcome the difficulties rural programs may encounter in recruiting attorneys where there may be relatively few practicing lawyers in the area.

Indicators

      In assessing the strengths and weaknesses of programs' private bar involvement efforts and in developing statewide capacities to expand or improve upon statewide efforts in this area, state planners may wish to consider whether:

Participation and Recruitment of Private Attorneys Is Considered From a Statewide Perspective.

• Private attorney participation rates are periodically evaluated from a statewide perspective to determine what strategies might be undertaken to improve overall participation rates, or in areas with limited numbers of private attorneys, to increase the availability of private bar assistance.

• Private attorneys are offered the opportunity to participate in a full spectrum of legal work, including advice and brief service, administrative representation, transactional assistance, and litigation; and are offered a range of activities beyond taking cases, such as conducting community education and pro se classes, volunteering on a hotline, training, co-counseling and mentoring staff.

• Private attorneys with specialized expertise or skills are recruited to co-counsel or act as a resource (across program boundaries) on specialized substantive issues and/or issues which may generally not be the province of legal services lawyers, e. g., zoning, tax, commercial transactions, real estate, complex litigation, and non-profit corporation laws.

• Private attorneys are recruited from more populous portions of the state to assist clients in areas of the state with few practicing lawyers.

Training and Utilization of Technology Supports Private Bar Involvement Efforts.

• Training for PAI attorneys is incorporated into the statewide training agenda for legal services advocates.

• Desk manuals on substantive poverty law are developed for PAI attorneys, made available in electronic form, and updated regularly.

• Bar support is sought to develop poverty law CLE courses for PAI attorneys and to waive or reduce fees for appropriate CLE courses to encourage enrollment.

• Communication vehicles are developed or used to inform PAI attorneys throughout the state about training and volunteer opportunities.

• Participating PAI attorneys are connected electronically with legal services providers in the state to facilitate communications about client cases and general legal issues and to receive necessary assistance and support.

Activities Support the Recruitment/Retention of PAI Attorneys.

• Attorneys and firms which have made substantial contributions to PAI activities are publicly recognized throughout the state through such means as bar awards and articles in bar and general circulation newspapers and magazines.

VI.

DIVERSIFIED FUNDING AND COORDINATION OF RESOURCE DEVELOPMENT EFFORTS

      Over the past twenty years, legal services programs have developed strong relationships with local bar associations, individual attorneys, governmental entities, and funders to help generate resources to expand the delivery of civil legal services to the poor. While local fundraising efforts continue to be an important revenue source for programs, coordinated, statewide fundraising efforts offer the opportunity to raise significant, additional funds and often are a critical source of revenue for programs in areas without the economic base to support local fundraising campaigns.

      In many states recipients have succeeded, through collective efforts of programs and stakeholders, to develop and expand revenues for all programs through state appropriations, filing fee surcharges, state fundraising campaigns, state bar dues checkoffs, increased attorney registration fees, direct state bar grants, and support for statewide projects from foundations and corporations.

      The pending challenge to IOLTA funding makes it even more important that recipients evaluate the possibilities for further resource development and diversification and develop a statewide strategy to preserve, build, and create new financial and non-financial resources in their states.

Indicators

      In assessing the strengths and weaknesses of the state's resource development efforts and in developing strategies to improve or expand upon statewide capacities in this area, state planners may wish to consider whether:

Coordinated Statewide Efforts, Involving All Stakeholders, Are Undertaken To Preserve, Build and Create New Resources that Assist All Programs.

• A state based strategy exists to involve as many stakeholders as possible in coordinated, sustained efforts to preserve, and expand where possible, existing state revenue sources.

• Programs and stakeholders have identified statewide revenues being received in other states, explored the possibilities, and where appropriate, developed strategies to obtain such revenues for their own states. Among the sources of revenues to be considered are: state appropriations, filing fee surcharges, state fundraising campaigns, state bar dues checkoffs, increased attorney registration fees, direct state bar grants, and support for statewide projects from foundations and corporations.

• Programs and stakeholders have developed strategies to obtain additional resources for areas of the state with disproportionately low resources.

• Programs and stakeholders have developed strategies to expand support for legal services beyond the legal community and involve other community leaders in resource development efforts.

VII.

A CONFIGURATION THAT MAXIMIZES THE EFFECTIVE AND ECONOMICAL DELIVERY OF HIGH QUALITY LEGAL SERVICES THROUGHOUT THE STATE

      No single delivery structure or configuration fits all states. Each state has its own demography, geography, resources and history, and state planners must take into account these and other factors when determining what configuration maximizes services for clients. However, in assessing the strengths and weaknesses of the current system configuration, it is critical that state planners focus on the future rather than the past. History and prior decisions by LSC and others are not of themselves sufficient to justify the status quo. Given the significant changes in the legal services landscape, state planners must take a fresh look, from a statewide perspective, and ask if the present configuration currently achieves, and will in the future, achieve the best possible results for clients.

      In some states it may be possible to develop and implement statewide initiatives to improve service delivery, increase resources and enhance the capacity of the system to meet the civil legal needs of low-income people throughout the state without altering service areas or historical relationships. In other states, implementation of such initiatives requires reconfiguration of organizational relationships and service areas. An effective state planning process will carefully assess whether the present and future needs of clients will best be served by the current configuration or whether changes are required to achieve an integrated system that reflects the goals and capacities presented in these State Planning Considerations.

Indicators

      In assessing the strengths and weaknesses of the current configuration of legal services programs, and determining what, if any, changes are needed to develop and implement the capacities discussed above, state planners may wish to consider whether:

The State Delivery System Is Designed and Configured to Maximize Access for Clients Throughout the State.

• The configuration of programs within the state facilitates a delivery network that provides low-income persons throughout the state broad, prompt, and even access to the legal services it furnishes regardless of such obstacles as disability, geographical isolation, culture and language.

The State Delivery System Is Designed and Configured to Maximize Effective Legal Services to Clients Throughout the State.

• The configuration of programs within the state facilitates providers having the resources, expertise, information and experience necessary to provide high quality legal services consistent with state and national standards of provider performance.

• The configuration of programs within the state facilitates coordination of legal work and a statewide capacity to provide training, information and expert assistance necessary for the delivery of high quality assistance.

• The configuration of programs within the state facilitates coordination of provider efforts to expand client access to the courts, enhance self-help opportunities for low-income persons, and provide preventive legal education and advice.

The State Delivery System Is Designed and Configured to Makes the Highest and Best Use of Available Resources.

• The configuration of programs within the state facilitates coordination of resource development efforts, including such efforts as unified approaches to major potential public sources, liaison with and maintenance of existing statewide resources, and coordinated technical assistance for local fundraising.

• The configuration of programs within the state facilitates coordination of efforts and a capacity to utilize new and emerging technology to promote efficiency, improve quality and expand services to clients.

• The configuration of programs within the state avoids duplication of capacities and administration.

• The configuration of programs within the state facilitates strong coordination and collaboration with, and a high degree of involvement by, the private bar.

The State Delivery System Is Designed and Configured To Encourage Innovation in the Delivery of Legal Services Accompanied by Appropriate Evaluation of Results.

• The configuration of programs within the state facilitates coordinated research and effort to stay abreast of developments in the delivery of legal services.

• The configuration of programs within the state facilitates attempts to secure new funding for, or allocate current funding to, new projects and experimental models for serving clients or strengthening system capacities.

• The configuration of programs within the state facilitates evaluation and sharing of results among providers.

The State Delivery System Is Designed and Configured to Respond Effectively and Efficiently to New and Emerging Client Needs and Other Changes Affecting the Delivery of Legal Services to the Poor.

• The configuration of programs within the state facilitates efficient, ongoing assessment of demographic trends, changes in laws and public programs affecting low-income persons.

• The configuration of programs within the state does not impede regular review of system capacities and resources and adjustments in their deployment to respond to emerging client needs and other changes affecting the delivery of legal services to the poor.

• The configuration of programs within the state facilitates components of the delivery system having sufficient resources and support to adjust to changes in client needs, staff or funding.