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
11/19/2018

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
11/19/2018

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
11/19/2018

4. SERVICES TO BE PROVIDED
Legal Information
Legal Community Education
Direct Client Representation
11/19/2018

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
11/19/2018

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?
11/19/2018

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?
11/19/2018

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
11/19/2018

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.
11/19/2018

10. Investigating the Experience, Capacity, and Competence of a Prospective Provider How do you know 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
11/19/2018

11. What is this legal provider’s primary focus?
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?
11/19/2018

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?
11/19/2018

13. Carefully review the prospects and evaluate the candidates before making a selection
11/19/2018

14. Once the Selection Is Made . . .
$$$$$$$$ Adequate Funding is Required!!!!
11/19/2018

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.
11/19/2018