Selecting a Title III(B) Legal Provider - Meeting the Requirements of "The Best Entity for the Job

1. Selecting a Title IIIB Legal Provider Meeting the Requirements of “The Best Entity for the Job” Natalie Thomas, Esq. State Legal Services Developer-GA

2. What is Required for a T.3B Legal Provider? 1. Must be able to demonstrate that they have the experience or the capacity to deliver the service. 2. Must be willing to be subject to the restrictions and regulations that apply to the program, i.e. LSC restrictions, except for those governing eligibility; and ELAP Standards for the delivery of legal assistance to older persons

3. What is required for a T.3B legal provider?(continued) 3. Must be willing and able to involve the private bar in the delivery of legal services, including pro bono and reduced fee services 4. Must be able to provide services to persons in greatest social or economic need without means testing

4. SERVICES TO BE PROVIDED • Legal Information • Legal Community Education • Direct Client Representation

5. EXAMPLES OF MODELS OF PROVIDERS • Solo Private Attorneys: total K or case by case • Private Law Firms with Multiple Attorneys • LSC Grantees with designated Senior or Elder Rights Units/Sections • LSC Grantees with no special Senior or Elder Rights focus • Attorney on staff at the AAA • Contract with a Legal Clinic at a Law School • A combination of any of the above

6. Factors to Consider in Different Models of Providers • Solo Practitioner with the full Contract (K) T. 3 B vs. Private Practice Need to Survive– will the T.3B K funding be enough to make up for the time he/she will lose in billable hours? • Solo Practitioner on Case by Case basis *-Ensure consistency -Who is doing the Community Education? -Who is providing the legal information? -Who is providing the ongoing day-to-day supervision? -Where is the continuity of the program for the clients?

7. FACTORS . . . (Continued) • LSC Grantee w/ special Senior/Elder Unit -Is the special unit self-contained and cohesive? -Does it have the expertise to handle most subject matter issues or does it rely heavily on other parts of the program? -Is the unit fully staffed? -Is it truly a senior unit or is it a unit in name only? -Is it well established or created simply to bid on the contract?

8. FACTORS . . . (Continued) • LSC Grantees w/ no special Senior/Elder Unit -How will the T.3 B legal K be incorporated into the LSC program yet kept distinctly separate to avoid confusion for the clients? • Attorney on Staff at AAA T.3B legal issues vs. AAA issues

9. FACTORS . . . (Continued) • Contract with a Legal Clinic at a Law School For the schools that have clinical law programs, it can be a mutually beneficial experience for both students and clients to have advocates who are completely focused on that particular client, not having the usual problems of billable hours, heavy caseloads, or conflicts of interests. On the other hand, one has to be sure that there is adequate supervision, PSA coverage, expertise and continuity to meet the needs of the clients.

10. Investigating the Experience, Capacity, and Competence of a Prospective Provider How do youknow they: • have the experience to do the job? • have adequate staff to serve the PSA’s needs? (i.e. licensed attorneys, non-attorneys with proper supervision) • have staff with sufficient personality and sensitivity to work with seniors? • have the ability to balance the needs of the vulnerable elderly under the T.3B K with the priorities of their primary business

11. Investigating the Experience, Capacity, and Competence of a Prospective Provider (cont.) • What is this legal provider’s primary focus? • Why is this provider interested in this contract? • What does this provider bring to your network that other prospective providers do not? • How does the T.3 B legal K complement or conflict with their primary business?

12. Experience/Capacity Issues • Legal Expertise: What is this provider’s level of legal expertise • Subject matter experience(LTC; SS/SSI; Defense of Guard;End of Life; Elder Abuse; Housing; Health Care) • Administrative Hearing experience • Court experience • Interviewing and Working with Seniors • Experience in Counseling/Advising/Elder Issues 2. How many staff is the provider making available to service this Contract? • Consider the PSA’s demographics and the needs • Consider the target population, i.e. rural, NH, PCH, Homebound • Consider potential legal needs, community education, possible cases, elder rights coordination • Knowledge/Awareness of the Aging Network What does the prospective provider know about the OAA, the state’s aging network, the national aging network?

13. Carefully review the prospects and evaluate the candidates before making a selection

14. Once the Selection Is Made . . . $$$$$$$$ Adequate Funding is Required!!!!

15. Selecting “The Best Entity” Is Required By Federal Law • Ask questions of your prospects • If in doubt ask for help from the Legal Services Developer and insist upon getting it • Don’t feel locked in to a provider that’s not performing well and meeting the needs of the clients.