Glossary of Terms
Terms used by Legal Aid of North Carolina
Legal Aid of North Carolina works closely with many
organizations, grantors and programs to help deliver legal
representation in civil matters to (and ensure equal justice
for) low-income people in North Carolina. Below is a list (in
alphabetical order) of many of such entities, as well as key
operational terms. This glossary of terms has proven
particularly useful to the members of Legal Aid of NC's
advisory boards and committees. [Also, view our
disclaimer for our websites.]
Access to Justice Campaign – a local fund-raising effort
conducted annually by Legal Aid offices across the state that
involves soliciting funds from attorneys. [click
here to go to "Donations"
page.]
Access to Civil Justice Act – a North Carolina law
that authorizes the Administrative Office of the Courts to send
Legal Aid of NC a portion of each court fee paid. Other
terms that refer to this money are "dedicated funding" or "state
funding."
Administrative office – the principle office (or
headquarters) of Legal Aid of NC, which houses its executive
director and administrative staff and is located at 224 South
Dawson Street in Raleigh, NC.
Administrative Office of the Courts (AOC)
- a office of North Carolina State government that
provides statewide support services for the courts, including
information, technology, personnel, financial, legal, research
and purchasing services. [Also, click
here to view the AOC's "Glossary
of Legal Terms"; click
here to view the AOC's
"Judicial Forms".]
Advocates for Children's Services (ACS) -
a statewide project unit of Legal Aid of NC that focuses on a
specific area of the law. ACS provides free
legal representation for children who are in need of medical,
psychiatric, special education and foster care/adoption services
to which they are entitled under state and federal law.
American Bar Association (ABA)
– a national organization with lawyers from all states and
territories in the U.S. As the largest voluntary professional
association in the world, its mission is "to be the national
representative of the legal profession, serving the public and
the profession by promoting justice, professional excellence and
respect for the law." The ABA has offices in Chicago, Illinois
and Washington, DC.
Asset guidelines –guidelines established by Legal Aid of NC
that place a ceiling on the value of liquid and non-liquid
assets to be used in determining eligibility. For example, a
person who meets the income guidelines but has assets over the
limit will not be financially eligible to receive services.
There may be exceptions for senior citizens and domestic
violence victims.
Attorney Member – a board member who is an attorney admitted
to practice in North Carolina. By
Legal Services Corporation (LSC) regulation (Part 1607.3
Composition), a majority of the members of the Board must be
attorney members appointed by the governing body(ies) of one or
more State, county or municipal bar associations, the membership
of which represents a majority of attorneys practicing law in
the localities in which the recipient provides legal assistance.
Appointments should be made so as to insure that the attorney
members reasonably reflect the diversity of the legal community
and the population of the areas served by the recipient,
including race, ethnicity, gender and other similar factors.
By LSC regulation 1607.3.c., at least sixty percent (60%) of the
Legal Aid of NC Board of Directors must be attorneys. [Note: The
same LSC regulation states that at least one-third of the Board
of Directors be eligible clients when appointed.]
Base Budget – funds that provide and support the current
level and quality of services offered by Legal Aid of NC.
Base budget does not include provision for salary
increases or adjustments, increased cost of fringe benefits, new
or replacement capital outlay or equipment, or new personnel or
expansion of any offices or projects requiring statewide
resources.
Battered Immigrant Project (BIP)
- a statewide project of LANC under LANC's
Domestic Violence Prevention Initiative (DVPI) that focuses
on a special area of the law. BIP provides comprehensive
and culturally appropriate legal services to battered immigrants
across the state of North Carolina, such as legal assistance
with domestic violence protective orders, family law issues,
public benefits and immigration Issues. BIP staff is
located in Charlotte, Durham and Raleigh and works with the
local LANC offices to help clients.
Brennan Center (at NYU School of Law) - a
non-partisan public policy and law institute that focuses on the
fundamental issues of democracy and justice. Its work ranges
from voting rights to redistricting reform, from access to the
courts to presidential power in the fight against terrorism.
A singular institution – part think tank, part public interest
law firm, part advocacy group – the Brennan Center combines
scholarship, legislative and legal advocacy, and communications
to win meaningful, measurable change in the public sector.
Located in New York City.
Case Acceptance criteria – written standards that an office
has developed to determine whether or not to represent any
particular applicant whose case falls within the priorities.
Centralized Intake – initial processing of client calls for
assistance from a central location rather than multiple
locations across the state.
Centralized Intake Unit (CIU) - an office of
Legal Aid of North Carolina that interviews persons seeking
legal assistance. The unit provide advice and brief
service to eligible clients. For eligible clients needing
additional legal services, CIU staff refers the client to a
local LANC office of an additional review of the case.
Citizenship – LSC regulations require that Legal Aid of NC
verify citizenship status of its clients and can only provide
representation to natural born or naturalized citizens of the
U.S. or its territories. Non-citizens or aliens who meet certain
conditions (such as those who have permanent residency status or
certain farm workers) may be eligible for representation by
Legal Aid of NC. Others who cannot meet these conditions are
considered "ineligible aliens."
Center of Law And Social
Policy (CLASP)
– a nonprofit organization with program staff whose work is
concentrated on family policy and access to civil legal
assistance for low-income families. Family policy projects
include welfare reform, workforce development, childcare, child
support enforcement, child welfare, couples and marriage policy,
and reproductive health and teen parents. Civil legal assistance
projects include "general counsel" to LSC-funded programs and
the Project on the Future of Legal Services. CLASP’s office is
located in Washington, DC.
Client eligibility – financial income and asset
guidelines that client must meet and have a civil or
non-criminal legal problem that affects basic needs in order to
be eligible for legal assistance at Legal Aid of NC.
Client Grievance Procedure - Legal Aid of North Carolina
(LANC) has a client grievance procedure in accordance with Part
1621 of the Legal Services Corporation Act. This procedure
is designed to ensure that LANC will be accountable to those
persons it is expected to serve and will provide legal
assistance as required by the Act.
Client Representative – an individual who is asked to serve
as a delegate (or representative) of those who are eligible to
receive legal services from Legal Aid of NC. The
Legal Aid of NC Clients Council provided recommendations for
the appointment of the first client representative Board members
of the LANC Board of Directors. Typically a client
representative is "client eligible." By
Legal Services Corporation (LSC) regulation (Part 1607.3.c
Composition), at least one-third of the members of the Legal
Aid of NC Board of Directors must be eligible clients when
appointed. [Note: The same LSC regulation states that at least
sixty percent of the Board of Directors be attorneys.]
Clients Council (Legal Aid of NC Clients Council) – an
advisory council to Legal Aid of NC that provides critical input
and perspective for development of policies, training plans,
community education and outreach, as well as other matters. Its
mission is to educate and empower poor and low-income citizens
regarding rights, responsibilities and available resources
necessary for them to achieve economic, political and social
justice. The Clients Council is typically composed of client
representatives who serve on the Legal Aid of NC Board of
Directors and client representatives who serve on local advisory
councils.
Clifton Everett Fellowship (Clifton W. Everett, Sr.
Community Lawyer Fellowship) – a one-year fellowship
awarded to an attorney who will serve low-income persons in a
rural area of North Carolina. Currently,
IOLTA provides funding for two such fellowships in Legal Aid
of NC.
Community Economic Development (CED)– organized efforts to
assist low-income communities and individuals to become
economically self-sufficient as well as to provide needed
services to those communities. Often referred to as "CED’s."
LANC has staff that attend the
CED Task Force meetings in North Carolina.
CSR (Case Service Reports) – recording and reporting of
information about cases to LSC so that it can use these
statistics to request funding from Congress.
Dedicated funding - a term that refers to the practice of
pre-determination of the use of certain government fees.
A North Carolina law authorizes the Administrative Office of the
Courts to send Legal Aid of NC a portion of each court fee paid.
This is also referred to as a type of "state funding" (funds
received by action of the state legislature).
Disability Rights North Carolina (DRNC)
- a nonprofit, legal assistance organization that practices
exclusively in the field of mental disability law and serves
individuals with mental illness and developmental disabilities
throughout North Carolina. The DRNC office is located in
Raleigh, NC. DRNC was formerly "Carolina Legal
Assistance."
Domestic Violence Prevention Initiative (DVPI)
- a statewide project of Legal Aid of NC that focuses on a
specific area of the law. DVPI provides legal assistance
to battered women and/or domestic violence victims and strives
to strengthen the working relationships between legal aid and
domestic violence programs throughout the state.
Equal Access to Justice Commission (also referred to as
the "Equal
Justice Commission") - The 25-member Commission was
established by an
11/03/05 order of the NC Supreme Court and Court Justice I.
Beverly Lake, Jr. in recognition of the need to expand
access to civil legal representation for people of low income
and modest means in North Carolina. The Commission
is chaired by the Chief Justice of the NC Supreme Court, meets
quarterly and files written annual reports to the Supreme Court,
the NC State Bar (NCSB) and the NC Bar Association (NCBA).
The Commission provides oral reports at the NCSB Council
meetings and the NCBA Board meetings. LANC has two
appointments to the NC's Equal Access to Justice Commission
Equal Justice - a term frequently used in regards to the
concept of providing legal services to the poor in the United
States, i.e., to ensure that all people in the United States
have an opportunity to have the advice and counsel of an
attorney, such that s/he has the same (or similar or "equal")
chances to have justice in the legal system as those who are
able to pay a private attorney for representation. [NOTE:
Also see
"Collected Quotes Pertaining to 'Equal Justice' ."]
Equal Justice Alliance (formerly the "Planning
Council" or "Legal Services Planning Council") – a
collaborative planning entity made up of the executive directors
of various legal services providers in North Carolina.
Originally this collaborative was involved in the statewide
planning process to develop a comprehensive system of providing
legal services to low-income persons in North Carolina.
Legal Aid of NC is a member of the Equal Justice Alliance.
EEO
Policy (Equal
Employment Opportunity policy) – an organization’s policy to
ensure that no discrimination occurs in any employment terms and
conditions as well as in the training, hiring or promotion of
Legal Aid of NC staff.
Environmental Poverty Law Project (EPLP)
– a statewide project unit of Legal Aid of NC that focuses on a
specific area of the law. EPLP provides free
legal representation to low-income residents of North Carolina
on environmental issues.
Ervin Fellowship (Judge
Samuel J. Ervin, III Fellowship) - a one-year
fellowship awarded to an attorney to work in the
LANC-Morganton Office, which provides free legal assistance
in civil matters to low-income persons in Alexander, Burke,
Caldwell, Catawba and McDowell Counties of northwest North
Carolina.
Expansion Budget (or "Expansion Request") – detailed request
to the Legal Aid of NC Board of Directors that identifies
additional resources (money) to finance new positions, improve
or expand existing services or provide new services. The
expansion budget can be continuing or temporary in nature. The
executive director may submit an expansion budget to the Legal
Aid of NC Board for review and approval.
Farmworker Unit (FWU)
– a statewide project unit of Legal Aid of NC that focuses
on a specific area of the law. The Farmworkers Unit
provides free legal assistance to migrant workers who are
working in North Carolina.
Grants – a generic term referring to various funding
provided to Legal Aid of NC. The three major sources of grants
are LSC, IOLTA and the State of North Carolina ("Access to Civil
Justice Act"). Other grants are received from United Ways,
VOCA, VAWA, Z. Smith Reynolds Foundation and private
foundations.
Hotline – initial screening and interviewing of clients by
telephone. Some "hotlines" may also be referred to as
"centralized intake," but many hotlines serve a small geographic
area.
Income guidelines –
Legal Services
Corporation (LSC) regulations state that the maximum gross
income for a person or household cannot exceed 125% of the
federal poverty guidelines. These guidelines are determined
by the U.S. Department of Health & Human Services and are
revised annually. Under certain circumstances, a client whose
income is greater than 125% of these guidelines but does not
exceed 187.5% of the federal poverty guidelines may still be
financially eligible and qualify to receive services. These
circumstances may include excessive debts and obligations,
medical bills and consequences to the client if no services are
provided.
Intake – the process for determining client eligibility and
can also include interviewing a client about a legal problem.
Intake can occur by telephone or in-person.
Internships - temporary employment opportunities during
the summer months for law students who want to gain experience
working in a public interest setting and desire an opportunity
to do more than just legal research. Internships offer unique
situations through which one might better understand the special
legal issues facing people who live in poverty and low-income
communities. In turn, the summer interns provide valuable
and necessary service to the Legal Aid of NC offices/projects in
which they are placed. Legal Aid of NC welcomes
opportunities to mentor such interns through its
MLK Fellowships program or through work study programs,
volunteer internships and/or otherwise funded internships.
IOLTA
(Interest
on Lawyers' Trust Accounts) – established in 1984 by the
North Carolina State Bar and the North Carolina Supreme Court to
generate income from lawyers' trust accounts in order to fund
programs for the public's benefit. IOLTA accounts are
comprised of short-term interest earned on escrow accounts
established by lawyers to hold their clients' real estate
transactions and other matters. Client funds that are too small
in amount or held for too short of a time to earn interest for
the client, net of bank charges or administrative fees, are
placed in a pooled, interest-bearing trust account. In so doing,
the interest earned is used to provide legal aid for low-income
people. IOLTA provides significant financial support (grants) to
Legal Aid of NC and other legal services programs in the North
Carolina. The IOLTA Board of Trustees is represented on
the
Legal Aid of NC Board of Directors.
Land Loss
Prevention Project
- a nonprofit organization dedicated to the
preservation of the family farm in North Carolina. The
LLPP office is located in Durham, NC.
LANC (Legal
Aid of North Carolina, Inc., but preferably referred to as
"Legal Aid") – a statewide, nonprofit law firm that provides
free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal
barriers to economic opportunity. LANC provides such legal
services to eligible clients in all 100 counties of North
Carolina through its 24 geographically located
offices and six
statewide project units. LANC receives part of its
funding from the
Legal Services Corporation (LSC) and is subject to the
restrictions imposed by LSC. Legal Aid of NC’s website is
www.legalaidnc.org.
LANC News – the newsletter of Legal Aid of NC that
provides updates on its major events and projects.
Legal Aid Society of Northwest North
Carolina (or "Legal Aid Society") (LASNNC) – the
oldest legal services organization in the North Carolina
(incorporated in 1962) to provide legal representation to
low-income clients in the Winston-Salem area. On July 9,
2007, the LASNNC Board of Directors approved a consolidation of
operations with Legal Aid of NC (LANC).
Legal Files – the case and office
computer software that is Internet- or web-based. This computer
technology, case management system allows all Legal Aid of NC’s
offices to be electronically connected and provides the ability
to manage cases and other office functions.
Legal
Services of Southern Piedmont (LSSP)
- a nonprofit, "unrestricted" (i.e., does not receive LSC
funding and not subject to LSC regulations) organization that
provides legal services to low-income clients in Charlotte and
Mecklenburg County. LSSP is the third oldest legal
services organization in North Carolina (incorporated in 1976).
LSSP became an independent/unrestricted program on July 1, 2002.
Local Advisory Councils – groups of clients and
attorneys in communities, who serve as advisors to the 24 Legal
Aid of NC offices across the state.
Legal
Services Corporation (LSC)
- a private, nonprofit corporation established by Congress to
ensure equal access to justice under the law for all Americans
by providing legal assistance in civil matters to low-income
individuals. LSC receives funds annually from Congress and makes
grants to state and local legal aid programs run by independent
boards of directors. The LSC Act, LSC Appropriations Statutes
and
LSC Laws & Regulations provide guidance on the operation and
responsibilities of LSC and its grantees, and designates
specific restrictions on the utilization of funds by grantees.
In recent years, LSC has required its grantees to develop state
plans to address how a full range of legal services will be
provided to low-income clients. Legal Aid of NC is
presently LSC’s only grantee in North Carolina.
Management Information Exchange (MIE) - a nonprofit
organization that provides consulting, training and resources
information to more than 300 subscriber programs from throughout
the legal services community that provides legal representation,
advice and information to low-income clients. Subscribers
include federally funded, IOLTA-funded, pro bono, protection and
advocacy, elder and other legal services programs. Office
located in Boston.
Martin Luther King, Jr. Summer Internships
(MLK
Internships) – summer internships named in honor of
Dr. Martin Luther King, Jr. Each summer, Legal Aid of NC awards
approximately 22 paid MLK internships to current law students to
participate in legal services work over the traditional 10-week
summer internship period. Summer interns are provided
training and the opportunity to work directly with clients and
lawyers. MLK interns are given preference for hiring at the
entry level for staff attorneys, as well as for
Clifton Everett Fellowships and
Judge Ervin Fellowships.
Mission Statement (Legal Aid of NC) - "Legal Aid
of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income
people in order to ensure equal access to justice and to remove
legal barriers to economic opportunity." [Approved by
the Legal Aid of NC Board of Directors on December 12, 2003.]
Mortgage Foreclosure (Prevention) Project (MFP)
- a statewide project unit of Legal Aid of NC that focuses on
Helping working poor and working families to keep in possession
of their homes and their equity. The MFP includes a
"team" of attorneys and staff who specialize in foreclosure
defense and predatory lending law. The MFP team
acts on referrals from
Legal Aid of NC offices and community organizations
throughout North Carolina, with a focus on cases from low-income
families who live in Eastern North Carolina.
MSR (Matters Service Report) – a report required by LSC to
document action that contributes to the overall delivery of
program services, but does not involve direct legal
advice to or legal representation of one or more specific
clients. Some examples of "matters" are development of written
materials that explain legal rights and responsibilities;
and indirect services, such as training, continuing legal
education, general supervision of program services, preparing
and disseminating desk manuals, PAI recruitment, intake when no
case is undertaken, and tracking substantive law developments.
Matters are not legal cases involving direct client
representation.
National
Legal Aid and Defenders Association (NLADA)
– a nonprofit membership association that represents legal aid
and defender programs, as well as individual advocates. It
provides products and services to its members and is involved in
national policy and legislative debates that affect the equal
justice community. NLADA is located in Washington, DC.
NC Academy of
Trial Lawyers (NCALT)
– a voluntary, professional organization that is primarily
comprised of attorneys. This organization "protects people’s
rights through education, advocacy and a community of
professionals dedicated to preserving the right to trial by
jury." NCATL’s office is in Raleigh, NC. The NCALT is
represented on the
Legal Aid of NC Board of Directors.
NC Association of Black Lawyers (NCABL) - a voluntary,
professional organization that strives to be the principle
advocate for the interests of black lawyers, judges and law
students in North Carolina. The NCABL office is located in
Durham, NC. The NCABL is represented on the
Legal Aid of NC Board of Directors.
NC
Association of Defense Attorneys (NCADA)
- a voluntary, professional organization that
brings together civil litigation attorneys
to promote the exchange of information, ideas, and litigation
techniques, and to strengthen the practice, improve the skills,
and enhance the knowledge of lawyers defending individuals and
businesses in North Carolina. NCADA's office is in Cary,
NC. The NCADA is represented on the
Legal Aid of NC Board of Directors.
NC
Association of Women Attorneys
(NCAWA) - a voluntary, professional organization that is
established to increase the effective
participation by women in the justice system, in public office,
and within the legal profession, promote the rights of women
under the law, and promote the welfare of the women attorneys of
North Carolina. The NCAWA office is located in Research
Triangle Park, NC. The NCAWA is represented on the
Legal Aid of NC Board of Directors.
NC Bar Association (NCBA)
- a voluntary, professional membership organization with
more than 13,500 members that serves the professional needs of
lawyers. NCBA’s mission is "to serve the public and the legal
profession by promoting the administration of justice and
encouraging the highest standards of integrity, competence,
civility and well being of all members of the profession." The
North Carolina Bar Association is entirely separate from the
mandatory N.C. State Bar. NCBA’s office is housed at the NC Bar
Center in Cary, NC. The NCBA is represented on the
Legal Aid of NC Board of Directors.
NC Gay And
Lesbian Attorneys (NC
GALA) - a voluntary state-wide non-profit attorneys'
organization, providing visibility, support, and advocacy for
LGBT communities. The NC GALA office is located in Durham, NC.
NC GALA is represented on the
Legal Aid of NC Board of Directors.
NC Housing Coalition - a nonprofit membership
organization working for decent, safe and affordable housing
that promotes self-determination and stable communities for
low-income North Carolinians. Incorporated in 1988, the
Coalition today includes a network of housing and service
providers, members of the faith community, civic and elected
leaders, representatives of business and industry and other
advocates who believe that housing is a basic human need and the
cornerstone of vibrant communities. The NC Housing
Coalition office is located in Raleigh, NC.
NC Justice
Center (or "The
Justice Center") – an "unrestricted" (i.e., does not receive
LSC funding and not subject to LSC regulations) nonprofit
organization that has as its mission "to reduce and ultimately
eliminate poverty in NC by ensuring that low-income, working
poor and minority individuals and communities have the resources
and services they need to move from poverty to economic
security." Its staff (which includes lawyers) employs a
multi-forum advocacy model that uses litigation, research and
policy development, public policy advocacy and grassroots
empowerment and community capacity building. The Justice
Center is located in Raleigh, NC.
NC
Legal Education Assistance Foundation (NC
LEAF or "LEAF") – a foundation that helps North Carolina
lawyers pursue careers in public service by providing them with
an educational loan repayment assistance program. [The NC
LEAF Loan Repayment Assistance Program serves attorneys who:
* Have graduated from law school within the last 10 years; * Are
employed full-time in a law-related public service position
within North Carolina; * Have current law school educational
debt obligations and are not in default on any loan; * Have a
current eligibility income below the qualifying levels.
Money provided during the first three years of eligible public
interest employment is an interest-free loan that must be paid
back over time IF the participant leaves eligible employment.
At the end of the third year, the loans extended under the
program will begin to be forgiven. Details of eligibility
criteria, applications, and all required forms are available
online at NC LEAF’s website,
www.ncleaf.org,
or call 919-845-6089.] NC LEAF’s office is located in
Raleigh, NC.
NC Lawyers for Entrepreneurs Assistance Program (NC
LEAP) - A project of the NC Bar Association and the NCBA
Foundation, working in conjunction with the NCBA's Business Law
and Corporate Counsel sections, to provide low-wealth, small
business owners with legal assistance in starting or growing
their businesses by matching clients with a pro bono attorney.
NC LEAP plans also to provide regional legal clinics and
seminars and develop self-help legal materials to educate small
business owners on specific legal issues. Clients must
apply for NC LEAP services and must meet income and asset
guidelines.
NC Prisoner
Legal Services (NCPLS)
- a nonprofit, public service organization that serves a
population of more than 32,500 prisoners and 10,000 pre-trial
detainees, providing information and advice concerning legal
rights and responsibilities, discouraging frivolous litigation,
working toward administrative resolutions of legitimate
problems, and providing representation in all State and federal
courts to ensure humane conditions of confinement and to
challenge illegal convictions and sentences. NCPLS primary
office is located in Raleigh, NC.
North Carolina State Bar (State
Bar) - the state agency responsible for regulating the
practice of law in North Carolina. These responsibilities
include licensing qualified individuals to practice law as well
as disciplining lawyers for ethical or professional misconduct.
With few exceptions, all attorneys must be licensed by the NC
State Bar in order to practice law in North Carolina.
Non-Discrimination Policy (LANC) - a policy of LANC that
states the LANC does not discriminate on the basis of race,
color, religion, national origin, sex, age, disability, marital
or familial status, sexual orientation, or any basis prohibited
by law. The LANC Policy of Non-Discrimination was adopted
by the LANC Board of Directors on July 26, 2002.
Non-LSC funds – grants or other funding sources that are not
provided by LSC. LSC regulations require that LANC subject
non-LSC funds to the same requirements and restrictions as those
required for LSC funds.
OCE (Office of Compliance and Enforcement) – an
office within the federally funded LSC that is charged to
oversee whether or not recipients of LSC funding (such as Legal
Aid of NC) comply with LSC regulations. The OCE’s
responsibilities include investigation of complaints and review
of case service reports (CSR).
Offices
– refers to the facilities at which potential clients may
contact Legal Aid of NC regarding legal services. Legal Aid of
NC has 25 geographically based offices across the state.
OIG (Office of Inspector General) – the federal
agency charged with ensuring that federal money is not
misspent or inappropriately used. As part of its duties,
this federal agency is charged with ensuring program integrity
for LSC grantees, such as Legal Aid of NC.
OIM (Office of Information Management) – an office of LSC
that is responsible for Internet development, programming
systems analysis and database as well as websites.
OLA (Office of Legal Affairs) – the LSC office that
address legal matters between LSC and its recipients, such as
Legal Aid of NC. The OLA serves as the "attorney" for LSC.
OPP (Office of Program Performance) – the office within LSC
that is responsible for technology, state planning and delivery
of services by its recipients, such as Legal Aid of NC.
Private Attorney Involvement (PAI)
– refers to the Legal Services Corporation requirement that
organizations such as Legal Aid of NC involve private attorneys
in the delivery of legal assistance to eligible clients.
LSC requires that Legal Aid of NC devote an amount equal to at
least twelve and one-half percent (12½%) of the recipient’s LSC
annualized basic field award to the involvement of private
attorneys in such delivery of legal services (PAI requirement).
LANC has
PAI coordinators on staff in most of the local offices to
encourage and coordinate pro bono services for LANC.
Pisgah
Legal Services (PLS)
- a nonprofit, "unrestricted" (i.e., does not receive LSC
funding and not subject to LSC regulations) organization that
provides legal services to low-income clients in Asheville, NC,
and surrounding counties (Buncombe County, Henderson County,
Madison County, Rutherford County and Transylvania County).
Founded in 1978, PLS became an independent/unrestricted program
on 1998.
Priorities – the primary legal areas that Legal Aid of NC
has identified as those where its staff and resources will
provide services to eligible clients. These priorities are
not required to be statewide and may vary by region.
Pro Bono (Latin phrase: "for the good") – refers to
private attorneys and others who provide free or low-cost legal
representation or other services to low-income clients. LANC
has
PAI ("Private Attorney Involvement") coordinators on
staff in most of the local offices to encourage and coordinate
pro bono services for LANC.
Pro Se (Latin phrase: "on one's own behalf") -
typically refers to materials/information that are available
either to help individuals represent themselves or to help
individuals understand legal processes. People who are
representing themselves before the Court are referred to as
doing their legal work "pro se" (on one's own behalf).
Program – a term used by LSC to refer to its grantees.
North Carolina now has one LSC-funded "program" (Legal
Aid of NC) which serves all 100 counties of the state.
Program Integrity – LSC requirement that its grant
recipients, such as Legal Aid of NC, maintain objective
integrity and independence from organizations that engage in
unrestricted activities. This means that Legal Aid of NC must
keep its operations separate from other unrestricted
organizations.
Regions – the five (5) geographic areas of Legal Aid of
NC (LANC) are:
-
Northeast Region
Offices
in Ahoskie, Goldsboro, Greenville, New Bern,
Rocky Mount and
Wilson.
-
Southeast Region
Offices
in Fayetteville, Pembroke and Wilmington.
-
Triangle Region
Offices in Durham, Pittsboro, Raleigh, Sanford and
Smithfield.
-
Triad Region
Offices
in Concord, Greensboro and Winston-Salem.
-
Western Region
Offices
in Asheville, Boone, Charlotte, Gastonia, Monroe,
Morganton
and Sylva
[Click
here for a North Carolina
map that shows
LANC's offices .]
Reserve for Capital Outlay – money
approved by the Legal Aid of NC Board of Directors to be spent
on such items as building purchase or repairs, office equipment,
computers and/or vehicles.
Reserve for Increases in Fringe Benefits – money approved by
the Legal Aid of NC Board of Directors to be spent on any
increase in the costs of fringe benefits. Fringe Benefits
include those employee benefits paid by Legal Aid of NC, such as
employer matching social security, life insurance, long-term
disability, retirement contribution, dental and health
insurance, and/or accidental death and dismemberment.
Reserve for Salary Increases and Adjustments – money
approved by the Legal Aid of NC Board of Directors to be spent
on salary increases and/or adjustments.
Restricted Activities/Programs – LSC-funded programs do
not handle criminal cases, nor do they accept
fee-generating cases that private attorneys are willing to
accept on a contingency basis. In addition, in 1996 a series of
new limitations were placed upon activities in which LSC-funded
programs may engage on behalf of their clients, even with
non-LSC funds. Among them are prohibitions on class
actions, collection of attorneys’ fees, rulemaking, lobbying,
litigation on behalf of prisoners, representation in
drug-related public housing evictions, and representation of
certain categories of aliens. Therefore, Legal Aid of NC is
referred to as a "restricted" legal services program.
State Bar (North
Carolina State Bar) – the state agency responsible for
regulating the practice of law in North Carolina. These
responsibilities include licensing qualified individuals to
practice law as well as disciplining lawyers for ethical or
professional misconduct. With few exceptions, all
attorneys must be licensed by the NC State Bar in order to
practice law in North Carolina.
State planning – a planning process required by Legal
Services Corporation (LSC) in order to ensure a full range of
services is available to clients.
Statewide Projects (LANC) – Legal Aid of NC also
operates six (6), statewide project units that focus on
specific areas of law:
-
Advocates for Children’s Services (ACS)–
provides free legal representation for children who are in
need of medical, psychiatric, special education and foster
care/adoption services to which they are entitled under
state and federal law.
-
Battered Immigrant Project (BIP)
- provides comprehensive and culturally appropriate legal
services to battered immigrants across the state of North
Carolina, such as legal assistance with domestic violence
protective orders, family law issues, public benefits and
immigration issues.
-
Domestic Violence Prevention Initiative
(DVPI
)– provides legal assistance to battered women and/or
domestic violence victims and strives to strengthen the
working relationships between legal aid and domestic
violence programs throughout the North Carolina.
-
Environmental Poverty Law Project (EPLP)
– provides free legal representation to low-income
residents of North Carolina on environmental issues.
-
Farmworker Unit (FWU)–
provides free legal assistance to migrant workers who are
working in North Carolina.
-
Mortgage Foreclosure (Prevention) Project
(MFP)
- provides quality legal representation in foreclosure
actions, primarily focused on eastern North Carolina.
The MFP saves homes, preserves credit ratings and strives to
make prohibitive the cost of conducting business for the
unscrupulous brokers and lenders. The MFP also
promotes community education to increase awareness of home
finance best practices and the dangers of predatory lending.
Task Forces – voluntary groups of attorneys and
paralegals who are interested in a particular legal area
(substantive area of the law) and who provide period
training and networking opportunities for advocates throughout
the legal services community in North Carolina. The legal
services community in North Carolina has the following legal
task forces: Community Economic Development (CED), Consumer Law,
Education Law, Employment Law, Family Law, Housing Law,
Immigrants Advocacy and Public Benefits Law. These task forces
provide training for staff, answer questions, provide sample
forms and strategize on cases. Each task force has a
coordinator considered an expert in the respective legal area.
Also, there are task forces for LANC support staff and private
attorney coordinators (PAIs) that provides ongoing
training.
Title III – federal funds that enable certain Legal Aid of
NC offices to provide services to clients over the age of 60
without regard to their income or assets.
Trafficking - term used to describe a
contemporary form of slavery, involving a variety of acts (recruitment,
transportation, transfer, harboring, receipt of person), actors
(several intermediaries are often involved in the trafficking
chain)m, means (treat or use of force or other forms of
coercion, abduction, fraud, deception, abuse of power, etc.) and
exploitative purposes (forced labor or services, slavery or
slavery-like conditions, sexual exploitation, servitude, etc.).
LANC's Farmworker Unit is and has been involved with cases
that involve legal services for victims of trafficking.
Transition Board – the forerunner of Legal Aid of North
Carolina, Inc. In late 2000, the Legal Services Planning
Council suggested the formation of a Transition Board, which
would be charged to determine how best to consolidate the four
federally funded LSC programs in North Carolina and to create a
statewide legal services program. The 16-member Transition Board
of Directors was composed of four representatives (two attorneys
and two client representatives) from each of the four LSC-funded
Legal Services organizations in North Carolina: Legal Aid
Society of Northwest North Carolina (LASNNC, in Winston-Salem);
Legal Services of North Carolina (16 programs with central
office in Raleigh); Legal Services of Southern Piedmont (LSSP,
in Charlotte); and North Central Legal Assistance Program
(Durham). This Transition Board met monthly from April 2001 to
June 2002 to fulfill its charge. The Transition Board created
Legal Aid of North Carolina, Inc.
Unrestricted Activities/Programs – refers to legal aid
programs or organizations that do not receive funding from LSC.
They can provide legal services without regard to the
restrictions imposed by Congress. Examples of unrestricted
programs are the
NC Justice
Center in
Raleigh,
Legal
Services of Southern Piedmont in Charlotte and
Pisgah
Legal Services in Asheville.
VAWA (Violence
Against Women Act) – federal grant funding
programs specifically geared toward eradicating violence against
women. These grant programs help state, tribal, and local
governments, as well as community-based agencies, to train
personnel, establish specialized domestic violence and sexual
assault units, assist victims of violence, and hold perpetrators
accountable. Currently, only the
LANC-Sylva Office receives VAWA funding.
VOCA
(Victims of Crime Act) – federal
funding provided to state victim assistance and compensation
programs. In North Carolina, VOCA funding is distributed through
the Governor’s Crime Commission. Legal Aid of NC received
VOCA grants to pay primarily for multiple DVI attorneys across
the state.
Volunteer Lawyer Program (VLP) – a process that is
housed in each Legal Aid of NC office and includes staff who
recruit local private attorneys to volunteer to represent
eligible clients at no cost or reduced cost.
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
an attorney regarding your particular situation. See our complete
disclaimer.
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.