45 C.F.R. § 1609.1
Purpose
This part is designed:
(a) To ensure that recipients do not use scarce legal services resources when private attorneys are available to provide effective representation and
(b) To assist eligible clients to obtain appropriate and effective legal assistance.
Notes of Decisions
Cited in 3
cases, 1977–1994 · leading case: West v. French, 625 P.2d 144 (Or. Ct. App. 1981).
West v. French, 625 P.2d 144 (Or. Ct. App. 1981). “In light of our conclusion that the statute authorizes an award of attorney fees to a tenant represented by legal aid, litigation under the Landlord and Tenant Act where an award of attorney fees is permitted may become a "fee-generating case” subject to the requirements of 45…”
White v. Idaho Forest Indus., 572 P.2d 887 (Idaho 1977). “It finds no support in the pertinent federal regulations which provide that legal aid corporations may receive attorney’s fees while striving to provide “appropriate and effective legal assistance” to eligible clients so long as the receipt of such fees does not place the…”
In Re the Marriage of Malquist, 880 P.2d 1357 (Mont. 1994). “45 C.F.R. § 1609.1 . Unfortunately, the number of indigent litigants appears to be growing, while the numbers of attorneys willing to do domestic relations work for an affordable fee seem to be decreasing.”
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