Legal Services and the War on Poverty

The Catholic Lawyer

Volume 13 Number 4 Volume 13, Autumn 1967, Number 4 Article 3

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This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. LEGAL SERVICES AND THE WAR ON POVERTY*

Because of the great importance of the question of extending legal services to the poor and because this question should be of great concern to both lawyer and layman alike, THE CATHOLIC LAWYER, in the Spring 1968 issue, will present a symposium on the major aspects of the movement to provide such services. In this issue, a two-part article is presented in order to provide a background for the reader. Part I presents a digest of the Economic Opportunity Act of 1964 and its significant amendments. Part It deals with the implementation of the statute by the Oflice of Economic Opportunity and the practical workings of a typical neighborhood legal services program.

I The United States is the first major nation in history which can look forward to victory over poverty. Our wealth, our income, our technical know-how, and our productive capacity put this goal within our grasp. As a nation, we clearly have the capacity to achieve this victory; what we need now is a commitment on the part of the people, the communities, private organizations, and all levels of government. IT]he Congress and the Federal Government are committing this Nation to a war designed to eliminate poverty.'

W ITH THIS STATEMENT of ability and commitment, the Congress enacted the Economic Opportunity Act of 1964 1 as the opening shot in the war on poverty in the United States. The mechanism through which the effort was to be channelled was designated as the Office of Economic Opportunity (OEO), created by Title VI of the Act." Its director, to be appointed by the President with the "advice and consent" of the Senate, was given broad powers to effectuate the purposes of the Act. 4 He was

* This paper is the result of research undertaken' by the St. Thomas More Institute for Legal Research. 12 U.S. CODE CONG. & AD. NEWS 2900-01 (1964). 278 Stat. 508 (1964), 42 U.S.C. § 2701 (1964). 3 78 Stat. 528 (1964), 42 U.S.C. § 2941 (1964). 478 Stat. 528 (1964), 42 U.S.C. § 2942 (1964). LEGAL SERVICES specifically empowered to bring about the In order to begin solving the problems coordination of the poverty program with of low-income youth, Congress included related federal programs by calling on three programs in the Economic Oppor- other federal agencies for statistics, data tunity Act, the first of which was the and progress reports. Such coordination Job Corps," which was to prepare for was also to be achieved by providing that citizenship and increase the employability other federal agencies cooperate with the of young men and women who meet age Director and carry out their programs in and other requirements through education, such a way as to lend maximum assist- vocational training and work experience ance to the poverty program and by pro- with the added benefits of work in the 0 viding that the President may direct that conservation of natural resources) To other federal programs be carried out in be eligible, the youths need be between conjunction with or in support of such sixteen and twenty-one years of age, per- programs.5 In addition, the head of any manent residents of the United States federal agency administering any federal and file an affirmation of their loyalty program must give preference in assist- to the United States. In addition, en- ance and benefits to any application made rollees in the Corps must comply with pursuant to a community action program the rules and regulations promulgated by under the Act.' The desired coordination the Director and are limited to two 11 of federal efforts was also to be promoted years participation in the Corps. To ef- by the creation of an Economic Oppor- fectuate the purposes of the program, the tunity Council composed of the Director Director is authorized by the Act to of the OEO and, among others, the Sec- enter into agreements with any federal, retaries of Defense, Interior, Agriculture, state, local or private organization to urban and rural Commerce, Labor, Health, Education and establish and operate centers Welfare and the Attorney General, whose conservation camps and training function it would be to consult with and and arrange for educational and vocational training in which maximum use advise the Director. A National Advisory facilities so as to Council was also created to perform a is made of non-federal federal expenditures.'" As en- similar function.' reduce

Title I: Youth Programs 978 Stat. 508 (1964), 42 U.S.C. § 2712 (1964). In October 1963 there were 730,000 10 78 Stat. 508 (1964), 42 U.S.C. § 2711 (1964). youths 16 to 21 years old who were out 11 78 Stat. 509 (1964), as amended, 79 Stat. of school, looking for work and unable 973 (1965), 42 U.S.C. § 2714 (Supp. 1965). to find it." The amendment deleted the requirement of a loyalty oath and substituted a provision requiring an affirmation of allegiance to the 5 78 Stat. 532 (1964), 42 U.S.C. §2961(a)(l)- United States. (3)(1964). 12778 Stat. 508 (1964), as amended, 79 Stat. 678 Stat. 533 (1964), 42 U.S.C. § 2962 (1964). 973 (1965), 42 U.S.C. §2713 (Supp. 1965). 778 Stat. 531 (1964), 42 U.S.C. §§ 2944-45 The 1965 amendments added the proviso that (1964). the program operate so as not to displace 82 U.S. CODE CONG. & AD. NEWS 2903 (1964). presently employed workers and provided that 13 CATHOLIC LAWYER, AUTUMN 1967

rollees in the Corps, these youths are not in any state unless the plan for the es- deemed "employees" of the federal gov- tablishment and operation of that facility ernment for purposes of wages or other has been submitted to the governor of conditions of employment governed by that state and has not been disapproved federal law, but are such for purposes of by him within thirty days after its sub- the Internal Revenue Code of 1954 and mission. 7 The emphasis of Title I is the Social Security Act, the Federal Em- heavily directed toward conservation work ployers Compensation Act and the Fed- as evidenced by the requirement that eral Tort Claims Act.13 As deemed ap- forty percent of the male enrollees be in- propriate by the Director, enrollees in the volved in the Youth Conservation Corps, Corps can receive living, travel and leave whose primary work would consist in con- allowances in addition to living quarters serving, developing and managing public and subsistence. On termination of par- natural resources."' The original Job ticipation in the Corps, the enrollee may Corps provisions were again amended by receive a "readjustment allowance" to a Congress in 1966 to provide more de- maximum of $50 for each month of par- tailed requirements for the establishment ticipation in the Corps.1 4 The Act pro- and operation of Job Corps centers. The hibits discrimination in the selection of amendments required the participation of enrollees on the basis of political affilia- female youth to the extent of twenty- tions or beliefs and prohibits the solicita- three percent of the total number of tion by enrollees of funds for political enrollees, placed a limit of forty-five purposes, violation of which is subject to thousand on the total number of enrollees sanctions at the recommendation of the who could be included in the program for Civil Service Commission.15 The Act seeks the fiscal year ending June 30, 1967, and to encourage state initiative in the Job provided that the operating costs of any Corps area by providing that the Director center in existence for more than nine can enter into agreements with the states months could not exceed $7500 per year to assist in the operation of state programs per enrollee. In addition, Job Corps which effectuate the purposes of Title I officials were directed to take steps to find that, in such agreements, he may pro- stimulate community activity in areas vide for the payment of all or part of surrounding Job Corps camps, to pro- the costs of such programs from federal vide a friendly reception for enrollees into funds.16 An additional emphasis on state community life and, where possible, to cooperation is found in the provision that assign enrollees to camps in regions where no Job Corps facility can be established the enrollees reside.19 Because of con-

no payments could be made to any individual 1778 Stat. 511 (1964), 42 U.S.C. §2719 (1964). or organization as compensation for referring 18 78 Stat. 511 (1964), as amended, 79 Stat. 974 candidates for the Corps. (1965), 42 U.S.C. § 2720 (Supp. 1965). "378 Stat. 510 (1964), 42 U.S.C. § 2716 (1964). ' I U.S. CODE CONG. & AD. NEWS 1686-87 3478 Stat. 509 (1964), 42 U.S.C. § 2715 (1964). (1966). The amendment' added new subsec- 1578 Stat. 51t (1964), 42 U.S.C. § 2717 (1964). tions (e) through (j) to 42 U.S.C. § 2714 1,78 Stat. 511 (1964), 42 U.S.C. § 2718 (1964). (1964). LEGAL SERVICES gressional concern with evaluating the ef- local public education agencies.2 ' The fectiveness of the program,2' 0 the 1966 age requirements under the 1964 pro- amendments included a provision that the visions were originally the same as those Director obtain from enrollees who have for the Job Corps (between sixteen and 2 successfully completed their participation twenty-one), but were amended in 1966 to provide that students who are in the in the program, information concerning ninth through the twelfth grades or of their residence, employment status, level a comparable age are eligible. 6 In ad- of current compensation in comparison to dition, the amendments of 1966 make a compensation on last previous job and clearer distinction between work-training such other information as the Director programs for students and those for might find necessary for an effective fol- school-age unemployed youth.2 7 The low-up on the value of participation in the amended law also permits the Director to program. 21 Finally, a new section was provide on-the-job training programs added to specify the disciplinary authority through profit-making organizations, un- of the Director and individual camp di- der agreements whereby the Director 22 rectors. would pay training costs, but not the The second of the youth-oriented pro- wages of the enrollees for the services 28 grams initiated by the 1964 Act was the they perform. Under such agreements, Work-Training Program, popularly known however, enrollees shall not be employed as the Neighborhood Youth Corps. Its on a project involving political parties or purpose is to provide useful work experi- on any facility to be used for sectarian ence for unemployed young men and instruction or as a place of religious wor- women through participation in state and ship. The Director must give priority community work-training programs whose to projects with a high potential for con- aim it would be to increase their employ- tributing to the upward mobility of the ability while at the same time assisting trainee, yet he must also determine that public and private organizations in carry- the training program will not result in 2 9 ing out otherwise unprovided public serv- the displacement of employed workers. ices. 26 As in the Job Corps program, the The federal share of the costs of such Director is authorized to assist and co- programs, under the 1964 Act, was to be operate with state and local agencies and ninety percent for the first two years and private organizations to develop programs to effectuate the purposes of the federal act and to do so in coordination with 24 78 Stat. 512 (1964), 42 U.S.C. § 2732 (1964). 2,,78 Stat. 513 (1964), 42 U.S.C. §2734(a) (1964). 26 1 U.S. CODE CONG. & AD. NEWS 1689 2113 U.S. CODE CONG. & AD. NEWS 4273 (1966). (1966). 27 3 U.S. CODE CONG. & AD. NEWS 4274-75 21 1 U.S. CODE CONG. & AD. NEWS 1687 (1966). (1966). 28 1 U.S. CODE CONG. & AD. NEWS 1689 221d. at 1688. (1966). 2378 Stat. 512 (1964), 42 U.S.C. § 2731 (1964). 29 Ibid. 13 CATHOLIC LAWYER, AUTUMN 1967 fifty percent thereafter; in 1965, this sioner of Education who is to be respon- ninety percent share was extended one sible for the allocation of available funds year 3o and, in 1966, it was provided that among the states according to a statutory 3 that level would continue indefinitely. ' formula: one-third among the states ac- The Director is responsible for the equi- cording to each state's proportion of the table distribution of appropriated funds national total of students in institutions of among the states, with such distribution higher education; one-third according to being made on the basis of criteria such each state's proportion of the national as each state's proportion of the nation's total of high school graduates; and one- total population, employment and family third according to each state's proportion income levels. In addition, no state can of the national total of related children receive more than twelve and one-half per- under eighteen years of age living in cent of the appropriations for work- families with an annual income of less training programs for any year.32 The than $3,000. 35 The Congress expected 1966 Amendments were intended to re- the program to provide part-time and sult in: (1) an estimated 180 thousand vacation-type work opportunities for more in-school opportunities; (2) 180 thousand than 140 thousand students from low- summer jobs; and (3) 85 thousand year- income families.'6 The program is to be round job opportunities for dropouts in implemented by agreements between the programs providing a combination of Commissioner and institutions of higher work experience, training and education education, the latter being responsible for designed to move the trainees into pro- the execution of the program with funds ductive full-time employment.3' provided by the Commissioner. The par- The third youth program authorized by ticipating institutions are to operate pro- Title I of the Act was the Work-Study grams for part-time employment in work Program designed to promote the part- for the institution itself or for public or time employment of students, particularly private non-profit organizations with the those from low-income families, who need limitation that the work be in the public financial resources to continue their higher interest, would not otherwise be per- education. 34 Administration of the program formed, will not displace employed work- was placed in the hands of the Commis- ers, will be covered by appropriate and reasonable wages and working conditions, 3078 Stat. 513 (1964), as amended, 79 Stat. and, finally, will not involve work on 974 (1965), 42 U.S.C. § 2735 (Supp. 1965). facilities for sectarian instruction or re- 31 1 U.S. CODE CONG. & AD. NEWS 1690 ligious worship.37 The funds may be used (1966). 32 78 Stat. 513 (1964), 42 U.S.C. § 2736 (1964). only for student work-study programs and 33 3 U.S. CODE CONG. & AD. NEWS 4276 (1966). 34 78 Stat. 513 (1964), 42 U.S.C. § 2751 (1964). 35 78 Stat. 514 (1964), 42 U.S.C. § 2752 (1964). The 1965 amendments broadened the reach of 36 2 U.S. CODE CONG. & AD. NEWS 2906 the program by adding the word "particularly" (1964). before "students from low-income families" in 7 78 Stat. 514 (1964), 42 U.S.C. § 2754 (a) the 1964 Act. 79 Stat. 1249 (1965), 42 U.S.C. (1964). The 1965 amendments deleted the §2751 (Supp. 1965). requirement that the work performed be re- LEGAL SERVICES for resulting administrative costs not ex- agencies and can enter into contracts ceeding five percent of the institution's with private organizations to pay all or grant and, as a further limitation, the in- part of the costs of community action stitution must continue to spend for stu- programs under Title II of the Act. The dent employment an amount equal to the employment opportunities created are to average amount so spent by the institution be filled by members of the community in the three years immediately prior to or neighborhood served and may include 83 the grant-year. unemployed youths between the ages of For the initial year of implementation, sixteen and twenty-one. Generally, the the fiscal year ending June 30, 1965, federal share of the costs of such pro- Congress authorized a total of $412 mil- grams is limited to ninety percent of the lion for Title I programs (Job Corps, costs but such share may be increased in Neighborhood Youth Corps, Work-Study). the discretion of the Director except as In 1965, the authorization for these pro- to programs involving contracts with pri- 4 2 grams was increased to $700 million for vate organizations. 3 the second fiscal year. 1 In 1966, Con- gress authorized a total of $696 million Title II: Community Action 4 0 for Title I programs. Programs In 1966, a Senate amendment providing Part A of Title II authorizes Federal for a Special Impact Program was in- financial assistance for 'community action 1 cluded by the Conference Committee 4 programs' developed and conducted at a with an authorization of $75 million community level to combat poverty. This is based on the belief that local citi- for the fiscal year. Its purpose is to zens know and understand their com- provide work-training programs similar to munities best and that they will be the those of the Neighborhood Youth Corps ones to seize the initiative and provide in those urban areas with an especially sustained, vigorous leadership. It is based, large concentration of low-income persons. too, on the conviction that communities Under this part, the Director can make will commit their ideas and resources and assume responsibility for developing grants to public and private non-profit and carrying out local action programs. Thus, the role of the Federal Govern- ment will be to give counsel and help, lated to the student's educational objective and when requested, and to make available substituted a "preference" for students from substantial assistance in meeting the costs low-income families for a limitation of the of those programs. " benefits of the program to such students. 79 Stat. 1249-50 (1965), 42 U.S.C. § 2754 The 1964 Act defined community ac- (a), (c) (Supp. 1965). tion programs in terms of traditional jur- 3878 Stat. 514 (1964), 42 U.S.C. §2754 (b), (c) (1964). isdictional areas such as a state, metropol- 39 78 Stat. 516 (1964), as amended, 79 Stat. 1250 (1965), 42 U.S.C. §2761 (Supp. 1965). 40 1 U.S. CODE CONG. & AD. NEWS 1685 42 1 U.S. CODE CONG. & AD. NEWS 1690-91 (1966). (1966). 413 U.S. CODE CONG. & AD. NEWS 4310 43 2 U.S. CODE CONG. & AD. NEWS 2909 (1966). (1964). 13 CATHOLIC LAWYER, AUTUMN 1967 itan area, county or city.4 4 This provision provision is made for representation of was amended in 1966 to make it clear such persons through a process such as that jurisdictional areas drawn for other neighborhood meetings in which the poor purposes were not to be controlling in participate to the greatest possible de- determining the appropriateness of a par- gree.47 In order to implement these com- ticular "community" for purposes of the munity action programs, the Director is anti-poverty program. Thus, a commun- required to apportion available funds ity may also be a neighborhood or any among the states as follows: one-third ac- other area which is sufficiently homogen- cording to each state's proportion of the eous as to be appropriate for the task of total number of public assistance recip- an attack on poverty.,5 A particular ients in the nation; one-third according to program under this part must be such each state's proportion of the annual aver- as to provide services and assistance suf- age number of unemployed persons in ficient to give promise of progress toward the nation; and, one-third according to eliminating poverty and its causes by de- each state's proportion of the national veloping employment opportunities and total of related children under eighteen it must be developed, conducted or co- years old living in families with an annual ordinated by a public or private non-profit income less than $3000.48 The Director agency with the maximum feasible par- is authorized to make agreements with ticipation of the area residents and groups public or private non-profit agencies un- served./c In 1966, amendments to this der which he would pay part or all of the section spelled out in detail this require- costs of approved programs with prefer- ment of "maximum participation": after ence to be given to programs which give March 1, 1967, the Director could not promise of effecting a permanent increase approve or continue to fund a community in the capacity of individuals, groups and action program unless (1) it is coordin- communities to deal with their problems ated by a board which includes repre- without further assistance.'4 Preference is sentatives of the various geographical also to be given to those community ac- areas in the community; (2) the board tion programs which make maximum use responsible for coordinating a program of existing schools, community centers, set- under this part has as one-third of its tlement houses and other public facilities membership representatives of the poor during periods when they are not in use in the community; and (3) where a for their primary purpose.50 The 1966 substantial number of the poor live out- amendments also made provision for the side areas of concentration of poverty, use of a maximum of five percent of the funds available for this part to assist in- 4478 Stat. 516 (1964), 42 U.S.C. § 2782(a)(1) dependently funded "grassroots" com- (1964). munity action programs in areas where an 45 1 U.S. CODE CONG. & AD. NEWS 1691 (1966). 4,; 78 Stat. 516 (1964), 42 U.S.C. § 2782 (1964). 43 78 Stat. 517 (1964), 42 U.S.C. § 2783 (1964). 47 1 U.S. CODE CONG. & AD. NEWS 1692-93 49 78 Stat. 518 (1964), 42 U.S.C. § 2785 (1964). (1966); 3 U.S. CODE CONG. & AD. NEWS 4311 0 1 U.S. CODE CONG. & AD. NEWS 1693-94 (1966). (1966). LEGAL SERVICES

"umbrella," federally-funded community community action program, together with action program is concurrently in opera- the additional authority to include com- tion., A community action program prehensive health services and, particular- would qualify under this latter provision ly, the detoxification and rehabilitation of if the grantee is funded to operate pro- narcotics addicts.- In order to provide a grams with a limited scope, is operated check on the use of funds, Congress also without broad community representation included a provision requiring a state- on its policy-making board and is not ment from the financial officer of an ap- carrying on projects under contract with propriate public agency to the effect that community-wide community action pro- accounting procedures will be adequate to grams. 2 The Director is authorized to assure proper fund use or a statement grant technical assistance and personnel from an independent accountant that such training and, where necessary, to assign procedures have been established. Fur- personnel to assist and advise local com- thermore, the Director must make progress munity action groups in implementing evaluations and audits to determine the programs. By a 1966 amendment, he is propriety of fund use and rules and also authorized to make emergency loans regulations to assure compliance with the to low-income families for immediate and accounting requirements.55 In addition, urgent family needs to a maximum of the amendments authorized the extension $300 per individual in the family, which of grants to community action groups un- loans are to be repaid at an interest rate der which family planning services would of two percent per year. Congress ex- be made available to low-income residents pected that forty thousand of these loans of the area served by the program with could be extended in the first fiscal year the limitation that such services be vol- for which they were available and directed untarily sought and that such services are that priority be given to applications not a prerequisite to the receipt of any 5 ' caused by general calamities such as other services provided by the program. natural disasters, civil disorders and labor In implementing the community action disputes, with financial need due to purely program the Director must establish pro- personal circumstances given a lower cedures for consultation with appropriate priority. :5 These amendments also pro- state agencies and he may agree to pay vided the Director with authority to pro- state agencies for technical assistance vide for the inclusion of pre-school age rendered to community action programs. child services and legal services to the As with the Job Corps, the 1964 Act poor in his implementation of the overall

5-t 3 U.S. CODE CONG. & AD. NEWS 4282-86 (1966). 51 1 U.S. CODE CONG. & AD. NEWS 1694 1 U.S. CODE CONG. & AD. NEWS 1694-95 (1966). (1966). 52 3 U.S. CODE CONG. & AD. NEWS 4281 r6 1 U.S. CODE CONG. & AD. NEWS 1696 (1966). (1966). See Sirilla, Family Planning and the 53 3 U.S. CODE CONG. & AD. NEWS 4283 Rights of the Poor, 13 CATHOLIC LAW. 42 (1966). (1967). 13 CATHOLIC LAWYER, AUTUMN 1967

6 provided that no community action pro- military service. 1 gram could be established within a state Under Part B of Title II, Congress unless a plan for it had first been sub- sought to attack the problem of adult mitted to the governor of the state and illiteracy and its effects on employability. not disapproved by him within thirty To do so, it gave the Director authority 7 days. The 1965 amendments modified to make grants to states which formulate this provision by including a method approved plans for providing instruction whereby the Director can reconsider such in reading and writing English to individ- 58 a rejected plan. The federal share was uals over eighteen years old whose lack to be ninety percent for the first two of ability in these areas affects their em- years, with a fifty percent maximum ployment potential and results in their thereafter. In 1965, the ninety percent dependence on others.12 Such grants may share was extended one year 59 and, in be used to establish pilot projects devised the 1966 amendments, this share level by local educational agencies and to de- was to end June 30, 1967. There- vise methods and materials for the in- after, the federal share would be reduced struction of the target group. In addition, to eighty percent, thus requiring a con- the Director may allocate five percent of tinuing local stake in the funding and the funds appropriated for this part to action programs.6 0 operation of community the training of teachers in adult basic The Director is also responsible for the education.6" State plans, to qualify under equitable distribution of available funds this part, must provide for the adminis- among urban and rural areas according tration of such programs by a state edu- to criteria such as the relative number of cational agency which is to be responsible low-income families, the level of unem- for reporting to the Director and for fiscal ployment, the number of persons receiv- control so as to assure proper disburse- ing public assistance, the number of drop- ment of federal funds 64 which will ac- outs, the number of adults with less than count for ninety percent of the cost of an eighth-grade education and, finally, such programs. Available funds are to the number of young men rejected for be apportioned among the states according to each state's relative share of the total number of individuals over eighteen 5778 Stat. 519 (1964), 42 U.S.C. §2789(c) years old who have not completed five (1964). grades of school, with each state guar- 5279 Stat. 975 (1965), 42 U.S.C. § 2789 (c) 65 (Supp. 1965). anteed a minimum of $50 thousand. 5978 Stat. 579 (1964), as amended, 79 Stat. Title II programs were to be funded with 975 (1965), 42 U.S.C. § 2788 (Supp. 1965). $340 million in federal funds in 1964 60 1 U.S. CODE CONG. & AD. NEWS 1697 (1966); 3 U.S. CODE CONG. & AO. NEWS 4284 (1966). The original provision for a reduction 61 78 Stat. 519 (1964), 42 U.S.C. § 2790 (1964). to fifty percent was modified because of a 62 78 Stat. 520 (1964), 42 U.S.C. § 2801 (1964). fear that such a large reduction would 63 78 Stat. 520 (1964), 42 U.S.C. § 2802 (1964). drastically impair the effectiveness of Title II 1, 78 Stat. 520 (1964), 42 U.S.C. § 2803 (1964). programs. 6. 78 Stat. 521 (1964), 42 U.S.C. § 2804 (1964). LEGAL SERVICES and subsequent authorizations in 1965 a maximum maturity of thirty years.6 and 1966 amounted to $850 and $846 The interest rate is to be determined by 66 million respectively. the Secretary of the Treasury considering rates on comparable Treasury obligations Title III: Special Rural Anti-Poverty and such other charges as he may de- Programs termine. In addition, under part B of The purpose of part A of title III is this title, the Director is required to de- to meet some of the special problems of velop a program to assist states, localities, rural poverty by raising and maintaining individuals and agencies in providing the income and living standards of low in- housing, sanitation, educational and child- come rural families. About one-half of the Nation's poor live in rural areas care services for migrant farm workers and an estimated 1.5 million families living and their families.69 Of the $35 million on farms are classified as in the poverty authorized in 1964 for Title III, Congress 6 group. - directed that $15 million be devoted to The program is designed to accomplish the migrant farm worker program. For the congressional purpose by authorizing fiscal year 1966, $55 million was au- the Director to make loans to low-income thorized for this title and $57 million for rural families up to a total indebtedness 1967.70 of $3500 ($2500 in the original act) where such a loan has a reasonable pos- Title IV: Employment and sibility of increasing the family's income Investment Incentives through the acquisition or improvement In order to assist in the establishment, of real property, the improvement of preservation and strengthening of small farming operations and through participa- business concerns and to improve the tion in cooperative associations. The as- managerial skills of those operating them, sistance may be obtained only if such aid Congress authorized a program whereby is not otherwise available under reason- the Administrator of the Small Business able terms and conditions and only if the Administration could make, guarantee or amount of the loan, together with other participate in loans to small business con- resources, is sufficient to assure the ef- cerns for a maximum of fifteen years and fectuation of the purpose for which the $25 thousand for any individual borrow- loan is made. Loans to individual farm er.7 1 The borrower could be required to families have a maximum maturity of fifteen years and loans to qualifying cooperative associations (those which serve 6878 Stat. 524 (1964), 42 U.S.C. §§ 2841-53 predominantly low-income families) have (1964). 6978 Stat. 524 (1964), 42 U.S.C. §§ 2854, 2861 (1964). 6r78 Stat. 524 (1964), as amended, 79 Stat. 7079 Stat. 979 (1965), 42 U.S.C. § 2871 (Supp. 976 (1965), 42 U.S.C. § 2831 (Supp. 1965); 1965); 1 U.S. CODE CONG. & AD. NEWS 1685 1 U.S. CODE CONG. & AD. NEWS 1685 (1966). (1966). 67 2 U.S. CODE CONG. & AD. NEWS 2917 71 78 Stat. 526 (1964), 42 U.S.C. §§ 2901-02 (1964). (1964). 13 CATHOLIC LAWYER, AUTUMN 1967 participate in a managerial skills program to prevent duplication, and participation as a condition to the granting of such a by any individual is to be limited to loan and was subject to other limitations thirty-six months. such as a reasonable assurance of repay- ment and a probability that the amount Title VIII- VISTA of the loan, together with other resources, Title VI of the 1964 act specified would be sufficient for the successful provisions for the administration and co- completion of the project for which the ordination of all poverty programs and loan is sought.72 In addition, provision Title VII contained technical provisions was made in 1966 for grants to, or con- in relation to the exemption of poverty tracts with, public or private non-profit funds received from income totals for agencies to pay the costs of providing purposes of other forms of public assist- counseling and assistance to individuals ance. Title VI also contained a section and small business concerns which receive authorizing the establishment of a pro- or may receive loan assistance under gram to be known as Volunteers in Serv- 73 Title IV. ice to America (VISTA)."7 By amendment in 1966, however, Congress enacted Title V: Work Experience Programs a separate Title VIII to deal with VISTA. In Title V, Congress sought to build Its purpose is to enable and encourage upon the already successful experience of volunteers to participate in a personal community work and training programs way in the war on poverty by living and authorized by the 1962 amendments to the working among deprived people in urban Social Security Act. It was expected that areas, rural communities, on Indian res- some 130 thousand unemployed adults ervations, in migrant worker camps and could be given useful work experience in Job Corps camps and centers.7 - The and training during the first year of the amendment also authorized the referral program. 4 To effectuate the purposes of of volunteers by the Director to areas and the title, the Director is authorized to programs in the various states without transfer funds to the Secretary of Health, the consent of the Governor of the af- Education and Welfare to enable him to fected state. Volunteers are provided a fund pilot and demonstration projects and stipend of $50 per month in addition to to reimburse the Secretary of Labor for living, travel and leave allowances, sup- funds expended in carrying out programs plies and health services. They are under the Manpower Development Act deemed federal employees to the same ex- 7 of 1962. 1 Projects are to be coordinated tent as Job Corps enrollees and the Di-

7278 Stat. 526 (1964), 42 U.S.C. § 2905 (1964). 3 U.S. CODE CONG. & AD. NEWS 4287-91 7.1 1 U.S. CODE CONG. & AD. NEWS 1701 (1966). (1966). 76 78 Stat. 530 (1964), 42 U.S.C. § 2943 74 2 U.S. CODE CONG. & AD. NEWS 2928 (1964). (1964). 77 1 U.S. CODE CONG. & AD. NEWS 1709-10 ,578 Stat. 527 (1964), as wended, 79 Stat. (1966); 3 U.S. CODE CONG. & AD. NEWS 977 (1965), 42 U.S.C. § 2922 (Supp. 1965); 4294-95 (1966). LEGAL SERVICES rector is authorized to coordinate this legal programs existed which provided program with those of state, local and aid in the civil area. In recent years private organizations so as 'to achieve there has developed a growing awareness maximum utilization of volunteer services. that the needs of the poor in the area of Though the Act provided for numerous legal services are as great as, if not great- programs and objectives, perhaps the pro- er than, the needs of many more affluent grams of greatest interest to attorneys are citizens.8 ' In addition to problems involv- the legal services programs authorized to ing domestic relations and deprivation of be carried out in conjunction with com- liberties, the poor are frequently the vic- munity action programs. 78 In order to tims of injustice in economic areas such achieve a better understanding of the or- as housing and consumer purchasing as ganization and objectives of such pro- well as in their relations with various 2 grams, the policies set for them by the administrative agencies. OEO will be examined and their imple- In 1964, the United States government, mentation by a leading Washington, D. C. with passage of the Economic Opportu- community action program (that of the nity Act of 1964 (EOA), 21 initiated its United Planning Organization) will be "War on Poverty," the ultimate goal be- described. ing the virtual elimination of poverty from our society. Although the original II Act contained no provisions for the es- The Need for Legal Services tablishment of legal services programs, it Programs soon became apparent that such services were an essential weapon for fighting an Drawing support from the notion that "all-out" war. Thus, in 1965, the Act all citizens are equal before the law and was amended to permit the establishment from an assumption that the lack of of legal services programs as an integral financial resources and property results part of the Community Action Programs in few, if any, legal problems, Americans 4 provided for under Title II of the Act.8 have generally felt that the services of an attorney are of little use to the poor.79 The Director of the Office of Economic Although various legal aid and defender Opportunity (OEO), Sargent Shriver, has programs moved in to fill the void when explained the need for legal services pro- it became clear that indigent criminal de- grams as being threefold: fendants were entitled to counsel," few

,' Carlin & Howard, Legal Representation and 79 I U.S. CODE CONG. & AD. NEWS 1698 Class Justice, 12 U.C.L.A. L. REV. 381 (1965). 82 58. (1966). The 1966 amendments also provided Johnson, supra note 79, at for the educational preparation of pre-school- '78 Stat. 508 (1964), 42 U.S.C. .2701 age children in low-income areas through the (1964). "head-start" program. 8478 Stat. 518 (1964), as amended. 79 Stat. 79Johnson, Law and Poverty, 12 N.Y.L.F. 55, 974, 42 U.S.C. § 2785(a) (Supp. 1965). See 57-58 (1966). 3 U.S. CODE CONG. & AD. NEWS 4285-86 ",Gideon v. Wainwright, 372 U.S. 335 (1963). (1966). 13 CATHOLIC LAWYER, AUTUMN 1967

First of all, because they [the poor] It is essential that the poor citizen realize do not know -their legal rights. Second, that "the ways and means of resisting perhaps because local officials, who deal abuse are available to him as well as to with the poor in relief and other programs are too overworked or uninterested others." 89 or uninformed to help. Third, perhaps Thus, the intention of the legal services because there are no lawyers or lawyers' program is not to give anything away, but assistants to help these destitute and piti- rather to ensure to the poor those rights ful Americans. 5 which they have by virtue of their citi- In order to be of greatest effect in the zenship. As Sargent Shriver has summed war on poverty, the legal services pro- it up: grams, rather than merely providing an We're investing in human dignity, not individual with a solution to a particular doles. And we're investing in legal ser- problem, must uplift the status of the law vices as the protector of that dignity, the best defense man has yet devised against in the minds of the poor and give it a the forces which threaten his inalienable place in their everyday lives-the law rights to life, liberty and the pursuit of must acquire a greater meaning than happiness. 0 mere order for order's sake. OEO Guidelines This attempt to develop an awareness Establishing a Program on the part of the poor of their legal rights and duties has been termed a "new The OEO has specified the following

American Revolution" 86 involving a two- objectives for the legal services programs: step process. Initially, the gap between First: To make funds available to imple- the theoretical rights of the poor and ment efforts initiated and designed by local communities to provide the advice their actual ability to protect their rights and advocacy of lawyers for people in 7 must be closed," and, then, the programs poverty. must take on the task of advancing social Second: To accumulate empirical knowl- change. edge to find the most effective method to law and the as- Central to the new legal aid lawyer's role bring the aid of the of lawyers to the economically is the task of helping to articulate and sistance disadvantaged people of this nation. OEO promote the hopes, the dreams, and the will encourage and support experiment real possibility for the impoverished to services proposals make the social changes that they feel and innovation in legal to find the best method. are needed through whatever lawful methods are available.,s Third: To sponsor education and research in the areas of procedural and substantive law which affect the causes and problems of poverty. 85 Shriver, The OEO and Legal Services, 51 A.B.A.J. 1064 (1965). 86 Sparer, The New Legal Aid as an Instru- inent of Social Change, 1965 U. ILL. L.F. 57. S9ld. at 59. ,7 Id. at 59. "0 Shriver, How Lawyers Can Break the Poverty 8, Id. at 60. Barrier, 55 ILL. B.J. 118, 119 (1966). LEGAL SERVICES

Fourth: To acquaint the whole prac- Tentative Guidelines For Legal Services ticing bar with its essential role in com- Proposals to the Office of Economic Op- bating poverty and provide the resources portunity, to meet the response of lawyers to be drawn up early in 1966, the involved in the War on Poverty. OEO adopted the concept of flexible or- Fifth: To finance programs to teach the ganization of the programs and, in ap- poor and those who work with the poor proving or disapproving a program, limit- to recognize problems which can be re- ed itself to asking little more than solved best by the law and lawyers. The whether the program is the best method poor do not always know when their problems are legal problems and they may for providing legal services to the poor be unable, reluctant, or unwilling to seek of the particular community. 91 the aid of a lawyer. Generally speaking, a legal services Despite the existence of these overall ob- program is one of the various projects set jectives and provisions for OEO consult- up by a community action agency as part ants and assistance to those organizations of its efforts in organizing the various establishing legal services programs, the anti-poverty groups involved in the "War OEO has avoided any action which might on Poverty." If there is no existing com- be interpreted as an attempt to formulate munity action agency, qualification for a "standard" legal services program. funds is contingent upon a showing that Rather, it seeks to have these programs it is not possible to establish such an 93 organized in any manner which reflects agency. However, such a program may the needs and desires of the particular also be instituted by any existing or new- community to be served. Despite this ly-organized, non-profit organization pro- general "hands-off" attitude, the OEO has viding legal services. In addition, there set general guidelines to aid the organiz- are provisions for groups to make direct ing groups. application to the OEO regional offices for the funding of Originally it was thought that existing a legal services program legal aid organizations could satisfy the if, despite reasonable efforts, it is not need if they were supplemented by addi- feasible for the applicant to operate with- tional societies modeled along the same in the community action agency. lines and supplied with federal funds. Despite any connection with a commu- Objections were raised to such a scheme, nity action agency, the Guidelines are however, since many of these programs careful to point out that the independence had a reputation of inaccessability and of the professional judgment of the at- failed to educate the people in the posi- torneys participating in the program must tive aspects of the law.9 2 Thus, in its be maintained, regardless of any overall policy decisions made by the community action agency.94 This independence, a " OFFICE OF ECONOMIC OPPORTUNITY, GUIDE- LINES FOR LEGAL SERVICES PROGRAMS 2 (1966) necessity for the proper representation of [hereinafter cited as GUIDELINES]. 92Pye, The Role of Legal Services in the Antipoverty Program, 31 LAw & CONTEMP. 93 GUIDELINES 7. PROB. 211, 220 (1966). !" GUIDELINES 8. 13 CATHOLIC LAWYER, AUTUMN 1967 the clients, should be accomplished by chosen by them in a democratic manner. use of a policy-making board, independ- Participation on the board may not be ent of the community action agency's made contingent upon meeting arbitrary board, which will act within the framework requirements as to education, occupation of the EOA. Furthermore, the individual or background. 100 Although "maximum" attorneys participating in these programs participation is not defined in terms of must ensure complete compliance with a fixed quota of board members, the the Canons of Professional Ethics and number should be sufficient to provide various statutes regulating the conduct of an adequate opportunity to express the attorneys.90 needs and concerns of the community. The EOA seeks to utilize the partici- This maximum feasible participation by pation of the people served to the great- the poor can be further achieved by the est extent possible in order to encourage employment of local residents in various them to help themselves and not merely non-professional positions in the legal to be helped."" Any legal services program, services programs personnel structure. being no exception to this general con- The OEO further urges that the advis- cept, must provide for the representation ory councils of other anti-poverty pro- and participation of the members of the grams existing under the community ac- communities. The Guidelines call for tion agency maintain a constant liaison such participation on the governing board with the legal services program in order or policy-making committees 97 and indi- to supply formal resolutions to be con- cate that the degree of utilization of the sidered and acted upon by the legal serv- people served will be a factor in consid- ices policy-making board in its determina- ering applications for legal services pro- tion of the nature of the services to be 10 1 grams funds. 's It is suggested that such provided. participation must take on a more mean- Local efforts must contribute to the ingful purpose than mere service on an establishment and maintenance of these advisory committee since effective par- programs. Thus, except in unusual cir- ticipation by the poor demands an active cumstances,' 0 ' the director may not au- part in the decision-making process. 99 thorize federal assistance in excess of These board members must be either eighty percent of the costs.'" The re- members of the group being served (for mainder must come from non-federal example, residents of the community) or sources and may be in cash, services or facilities. If the funds are sought for im-

9',GUIDELINES 9. "'!78 Stat. 516 (1964), 42 U.S.C. § 2782(a) 101 GUIDELINES 13. (3) (1964). 102"[GIenerally where the annual income of ')7GUIDELINES 10-11. a poverty community is not more than 98 GUIDELINES 14. $750 .... ." GUIDELINES 15. 99 See Berry, The Role of the Federal Gov- 10:3 U.S. CODE CONG. & AD. NEWS 1697 ernment, 51 A.B.A.J. 746 (1965). (1966); 3 U.S. CODE CONG. & AD. NEWS 100 GUIDELINES 11. 4284 (1966). LEGAL SERVICES provement or expansion of an existing their families with necessities. Similarly, facility providing legal services, the ex- these programs should not provide free tent of the non-federal contribution is to services where a sufficient fee will be be ascertained by determining eighty per- generated to obtain private counsel, e.g., cent of the increase in expenditures over contingent-fee cases. 1° The same general the previous twelve-month period unless factors must enter the determination of that requirement would cause severe eligibility when legal services are sought 1 0 4 hardship. by the members of an organization such All legal services programs are pro- as a group of tenants. hibited from discriminating against any The OEO urges that the legal services person or group on the basis of race, programs enter into a cooperative ven- color, or national origin, with respect to ture with local bar associations to set up participation in or denial of benefits from an adequate system of lawyer referral for the program. use by those persons who are found to be ineligible for the legal services program. Those to be Served Since legal services programs are de- The Nature of the Services signed to provide legal assistance for poverty-stricken people, these programs As previously stated, the programs are must direct their efforts toward those peo- intended to accomplish more than the ple and not dissipate their energies on monetary assistance to a client in need. other groups. The standards of eligibility Rather, the program must seek to make which will be used to decide what clients the poor, as well as all other citizens, are eligible for assistance under a pro- aware of the equal rights of all Amer- gram are to be determined by the par- icans. Thus, the legal services programs ticular circumstances of the community. should be prepared to handle any kind Thus, in addition to the individual's in- of civil law work but should avoid dupli- come, assets and family size, the cost of cating the efforts of any other organiza- living in the community and the cost of tion providing legal services. legal services in the community are all The work of a private practitioner ex- to be considered. 10 5 The standards used tends beyond cases at hand and there is should not be so high as to include those no reason why the attorneys participating members of the community who can af- in the legal services programs should not ford to pay an attorney without any ad- perform all the functions of practicing verse effect on their ability'to 'provide attorneys. Thus, they should participate in attempts to reform statutes pertaining to the poor; they should provide pro- 104 GUIDELINES 16-17. 1o GUIDELINES 20. See text accompanying note posals for administrative and legislative 134 infra for an explanation of the standard changes to ease the plight of poor com- of indigency used by the United Planning munities; and, they should constantly seek Organization (Washington, D.C.) in considering applications made to its Neighborhood Legal 100 GUIDELINES Services Project. 20-21. 13 CATHOLIC LAWYER, AUTUMN 1967 to eliminate applications of the law which participating in the program should be of discriminate against the poor. 1°7 the highest caliber. 10° To accomplish this An even more important task for the goal, salaries must compete favorably with attorneys in these programs is to provide those of attorneys engaged in private a program to educate the poor in their practice in the community. Furthermore, legal rights and obligations. 0 The OEO it is essential that initial training be given gives the individual programs a free hand to attorneys in those areas of the law in developing new, improved methods of which are particularly important to clients carrying out this function, but it urges from low-income communities and that a that the resources of the community ac- program of continuing legal education be tion program, the bar and local attorneys conducted. and law schools all be utilized in this To ensure non-conflicting representa- regard. tion of a client's interests, any attorney In keeping with the goal of educating participating full-time in a program the poor in the availability and utility of should not be permitted to maintain a legal methods of redress, the offices of private practice 10 and any attorney par- the legal services programs should be ticipating on some other basis should be located in areas which are easily accessi- prohibited from representing clients of ble to the poor. It is of great importance the program or those referred to him by that the attorneys become known and the program due to their ineligibility for trusted by the residents of the neighbor- its assistance in his private practice. hood. Generally, a neighborhood center It would also seem advisable to have providing a common area for various co- some socio-legal training given to various ordinated social services would be con- workers in programs other than the legal sidered ideal. Traditionally, defender services program to enable them to gain programs and legal aid services have es- an appreciation of the role of legal ser- tablished their offices in areas adjacent vices in eliminating poverty."1 to the courts, usually the business dis- While any group seeking OEO funds tricts of a city. Often these "downtown" for their legal services program should locations are foreign to ghetto residents closely adhere to these guidelines in order who recoil at the prospect of entering to avoid any difficulties, the interpretation such an area to get assistance. By es- and application of them should never be tablishing offices in familiar surroundings so inflexibly made as to lose sight of the with hours convenient to the client (e.g., legal services program's attempt evenings and weekends) a major obstacle to extend justice into all dimensions of will have been overcome. the poor person's life so that he can In order to provide the best quality begin to see and understand and believe services for these clients, the attorneys

109 GUIDELINES 30. 0 107 GUIDELINES 23. 11 GUIDELINES 31. 108 GUIDELINES 24. 111 GUIDELINES 28. LEGAL SERVICES

that the forces of law and order are his vate attorney, either by virtue of his pres- 1' 2 friends and allies. ent financial ability or due to the fact that the case is a fee-generating one, The Reaction of the Bar should be denied the assistance of a legal Practical Objections services program. The concept of OEO legal services It is contended by some that the legal programs was not immediately greeted services programs will actually result in 113 with strong enthusiasm by the bar. A an increased call for the services of small- great deal of that opposition was dis- firm and independent practitioners since pelled, however, when the program re- a legal action instituted by a person ceived the endorsement of the American through a legal services program will re- Bar Association in 1965.114 There require that the adverse party obtain his mains some opposition, apparently con- own counsel.' centrated among independent and small- It has been suggested that the organ- firm practitioners, basically stemming izers of these programs have thus far from economic factors. Since many of failed to utilize an enormous source of these lawyers derive a great deal of their assistance and talent by not making a income from performing services for the strong appeal to the small-firm and inde- 1 lower classes, ' they fear that the neigh- pendent practitioners to aid in the estab- borhood legal service offices will draw off lishment and functioning of these pro- many of their clients. However, the grams. These attorneys have worked with standards of indigency, if constituted in the poor and have developed an ability accordance with the Guidelines,16 should to communicate with them and to under- prevent any such effect. The Guidelines stand and deal with their problems. This require that anyone able to afford a pri- experience and trust would be of in- estimable value to the legal services pro- 112Shriver, supra note 90. grams and to the establishment of efficient 113 For an example of early opposition, see referral systems. Bethel & Walker, Et Tu, Brute!, TENN. B.J., Aug. 1965, at 11. The Tennessee Bar Asso- Much early opposition to the programs ciation later adopted a resolution urging co- arose because the aims of the OEO pro- operation with the OEO programs. grams were not clearly stated and certain 11 Resolution of the House of Delegates, Amer- ican Bar Association, February 1965. misconceptions developed among non- FURTHER RESOLVED, That the Association, participants. Sargent Shriver, in a speech through its officers and appropriate Com- at the 1965 American Bar Association mittees, shall co-operate with the Office of Meeting, attempted to point out the Economic Opportunity and other appropriate groups in the development and implementa- things which the OEO does not want to tion of programs for expanding availability do. 118 First, the legal services programs of legal services to indigents and persons of low income. . . . Ibid. 115 Note, Neighborhood Law Offices: The New 117Supra note 115, at 845. Wave in Legal Services for the Poor, 80 HARV. 118 Shriver, The Availability of Legal Services: L. REV. 805 (1967). The OEO and Legal Services, 51 A.B.A.J. 11( GUIDELINES 20. 1064, 1065 (1965). 13 CATHOLIC LAWYER, AUTUMN 1967 are not meant to comprise a system of basic legal rights. The OEO's intention, federal intervention through the supply- however, is to see to it that legal knowl- ing of blueprints for these programs. As edge and legal services are available to the Guidelines and the Act clearly indi- all citizens. It is an essential part of the cate, these programs are to be instituted legal services programs that legal rights only upon the request of local groups and be understood and honored and this are to take whatever form the circum- should be accomplished in any manner stances of the community require. OEO necessary, even if without a lawyer's in- intervention in these programs will be tervention.' 20 limited to providing consultants and in- The OEO program does not seek to formation when requested by the local turn legal aid into a patronage system, group and periodic evaluation of the pro- but only seeks to get the same quality of grams to help ensure the efficient func- legal services to the poor that is available tioning of the programs. to paying clients. On the other hand, the The driving away from the private prac- program is not designed to socialize the titioner of the fee-paying client is not a profession and destroy its independence goal of the OEO. This is clearly indi- through the use of federal funds. The cated by the requirement of carefully program supports the traditional inde- drawn indigency standards and the refusal pendence of the bar, but of fee-paying cases. [wlhen a legal system has difficulty in Even though the Canons of Profession- finding a lawyer to defend a civil rights al Ethics seem to present some obstacles worker, white or Negro, one can say to the OEO programs, subversion of the that it is independent in name only. In Canons is not intended. It is the feeling fact, sometimes we have traded our independence for conformity and depend- of the OEO that any conflicts can be ency. Real independence, the kind that avoided or worked out, especially in the the profession has always stood for, is light of recent United States Supreme exemplified by courageous advocates who are willing to live up to the independence Court cases dealing with group legal 121 services. 119 of the law. Sargent Shriver further stated that the The provision of federal funds for sup- OEO is not seeking to replace lawyers plying these services to the poor is not to with a staff of social workers and laymen. be interpreted as an effort to eliminate This fear arises from the employment of private or charitable sources of funds for many laymen in the personnel structure providing similar services. There has of' the local programs. Many such people been no indication that such a decline in are trained to recognize a person's right contributions by these groups will result. to legal redress, and to advise him on Rather, there would seem to be adequate

11,) Brotherhood of Railvay Trainmen v. Vir- ginia ex rel. Virginia State Bar, 377 U.S. 1 (164); NAACP v. Buttofi, 371 U.S. 415 120 Shriver, supra note 118. (1963). 121 Ibid. LEGAL SERVICES room for coordinated work between pri- ed in the functioning of legal services vate groups and the OEO. programs. Conflicts can arise in a va- The statutory requirement that the pro- riety of ways. Since the obligation of grams are to make maximum possible undivided fidelity prohibits an attorney use of the efforts of the poor is not from accepting subsequent employment meant to be an attempt to interfere with adversely affecting his client, there is al- the composition of the governing boards ways the possibility that a lawyer will of the various local legal aid and public later be asked to serve one whom he defender programs who might seek fed- originally took action against while rep- eral assistance. The requirement is a flex- resenting another client. Furthermore, ible one to be applied in the light of all the fact that one group (the local com- factors having a bearing on the particular munity action program) is financing legal program. services for another group (the indigent Finally, the OEO program will not clients) could easily result in a conflict. bypass the organized bar or legal aid and The danger can be minimized only by defender programs in participation in giving the maximum possible indepen- financial aid. It is only through maxi- dence to the attorney. He must be free mum, efficient cooperation with these from any influence by the board of gov- groups that the OEO program can be ernors of the program in which he is par- entirely successful. ticipating. While the board may make broad policy decisions as to such matters Ethical Objections as the types of cases to be handled, once Although most of the practical points a case has been accepted by an attorney, to the OEO program of the opposition he alone should be the judge (along with have been overcome, there still exists the client where proper) of matters per- some opposition based on the Canons of taining to the conduct of that case. The Professional Ethics. Basically, the objec- attorney must be constantly aware that tions center around five canons. the interests of his client come before all The prohibition against the representa- others and those interests should be para- tion of conflicting interests contained in mount in his consideration of any action Canon 6 122 should not be lightly regard- to be taken. He should be free to act in

122 his client's best interests even if those It is unprofessional to represent conflicting interests should be contrary to those of interests, except by express consent of all the very group which is financing the concerned given after a full disclosure of legal services program. the facts . .. The obligation to represent the client with Canons 27 and 28 prohibit, respective- undivided fidelity and not to divulge his ly, advertising and the stirring-up of liti- the sub- secrets or confidences forbids also gation 123 and are often cited as potential sequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect 123 to which confidence has been reposed. ABA It is unprofessional to solicit professional CANONS OF PROFESSIONAL ETmcs No. 6. employment by circulars, advertisements. 13 CATHOLIC LAWYER, AUTUMN 1967 danger points for the legal services pro- time of actual employment, prohibits the grams. However, Canon 27 has been in- acceptance of employment which might terpreted as permitting advertisement of require the disclosure of any information a scheme to provide competent legal he received by virtue of an attorney- services to low-income groups at fees client relationship. Since the legal ser- within their ability to pay where the plan vices programs are tied in with other as- was supervised and directed by the local pects of community action programs, bar association. 12 4 Thus, if the local bar there will be a strong temptation to make associations assist in the establishment and use of much of the information revealed maintenance of these programs, any prob- for use in the representation of a par- lem would seem to be avoided. It would ticular client to provide research materials seem that no problem would arise under and statistics for various social agencies. Canon 27 as long as the advertising done The poor are all too familiar with the is not for a particular lawyer, but only practice of government agencies of delv- for the program in general. Since no fees ing into their personal lives while provid- are paid by the clients of the OEO legal ing services, especially when these ser- services programs, no problem would vices are free. All too often a person must seem to arise under Canon 28 since that make available for governmental use in- canon is apparently directed toward the formation unrelated to the particular ser- stirring-up of fee-paying litigation. vice he seeks. Such a problem must be Unless the legal services programs are avoided in the legal services programs. carefully set up, there is serious danger The clients' confidences must be main- that violations of Canon 37 125 will occur. tained despite the maze of paperwork and Canon 37, requiring the attorney and his governmental red tape. employees to maintain the confidences of Furthermore, the use of laymen, es- his client and extending this duty past the pecially social workers, in the early screening process should be carefully con- trolled to avoid any dissemination of in- through touters or by personal communica- formation received from clients and po- tions or interviews not warranted by per- tential clients. Even if a client is ulti- sonal relations. ABA CANONS OF PROFES- mately denied the assistance of the SIONAL ETHICs No. 27. It is unprofessional for a lawyer to vol- program, any information he reveals in unteer advice to bring a lawsuit, except in the preliminary stages of the interviewing rare cases where ties of blood, relationship procedure will be deemed to be protected or trust make it his duty to do so. ABA CANONS OF PROFESSIONAL ETHICS No. 28. by the attorney-client privilege. Unless 124 ABA COMM. ON PROFESSIONAL ETHics, the client is assured that the information OPINIONS, No. 205 (1940). he reveals will be kept in the strictest 125 It is the duty of a lawyer to preserve his confidence, it will be difficult for him to client's confidences. This duty outlasts the fully accept the attorney as a person in lawyer's employment and extends as well whom he can place his trust. to his employees. . . . ABA CANONS OF PROFESSIONAL ETHics No, 37. Pursuant to Canon 47, an attorney is LEGAL SERVICES prohibited, in any way, from aiding or grams have originated outside the profes- making possible the practice of law by sion seems to indicate dissatisfaction on laymen. 1 26 The danger of such unau- the part of much of the public with the thorized practice is very real when social services the profession has afforded workers and other laymen being used in them. 129 It is up to the profession to de- the interviewing process of clients are cide whether it will allow outside forces placed in a position where they might be to control it or whether it will move from tempted to give legal advice. This danger within to meet the needs of a great part can be eliminated only by not using lay of our society. Enthusiastic acceptance people; it can be minimized, however, by of the OEO legal services programs is a strict control over them by legal person- step in the fulfillment of the rightful de- nel. mands of a large segment of our society. It must be kept in mind that the Canons of Professional Ethics originated A Sample Program and developed during a period of time In order to understand the implementa- radically different from the present. tion of such programs, it would seem use- Hopefully, any lingering doubts as to the ful to look at the organization and oper- propriety of participation in legal services ation of one of the leading legal services programs will be removed when the re- programs, that of the United Planning 127 vision of the Canons is completed. Organization (UPO) in Washington, D.C. Although there have been objections to Its Neighborhood Legal Services Project the legal services programs on a variety (NLSP) is under the overall direction of of grounds, generally the feeling within a semi-autonomous board of directors the profession has been that it is better within the structure of the UPO. 1 30 Un- for the profession itself to assume great der the plan in effect, eight law offices responsibility for the maintenance of such were established in low-income neighbor- programs rather than have them admin- hoods."' The attorneys who staff these 1 81 istered by a governmental agency. The offices are assisted by neighborhood ad- fact that various group legal services pro- of governmental programs such as Medicare 126 to fill the gap left by the medical profession. No lawyer shall permit his professional The need for the exertion of an outside force services, or his name, to be used in aid of, to put the profession into motion to meet or to make possible, the unauthorized prac- the need resulted in great criticism from the tice of law by any lay agency, personal or public. The legal profession should act on its corporate. ABA CANONS OF PROFESSIONAL own in order to avoid similar criticism. ETHics No. 47. 129McCalpin, The Availability of Legal Ser- 127The Special Committee on Evaluation of vices: Meeting the Challenge, 51 A.B.A.J. Ethical Standards, chaired by Edward L. 1068, 1069 (1965). Wright, expects to complete its work early 130 Neighborhood Legal Services Project, United in 1968. Planning Organization (Washington, D.C.), 128Greenawalt, OEO Legal Services for the Fiscal 1966 p. 1 (mimeographed report on file Poor: An Anniversary Appraisal, 12 N.Y.L.F. at office of the St. Thomas More Institute for 62 (1966). The members of the legal profes- Legal Research). sion should be mindful of the recent creation 1.1 Ibid, 13 CATHOLIC LAWYER, AUTUMN 1967

and for visory groups composed of representatives $70.00 per week take-home pay families with dependent children and aged of the neighborhood being served by a family members . . . plus $15.00 per particular office. Their function is to week for each such dependent. meet with staff attorneys and advise them Account must be taken of special circum- of the needs and desires of the persons stances including outstanding debts, ill- t 2 unemployment and the prob- to be served by the program.. The ness, recent able extent of equity in any property program has specifically formulated ob- 34 which is owned.1 jectives: Even though a person may meet these (1) advising low-income residents of requirements, the NLSP may not handle the neighborhood in relation to his problems directly but instead may their legal problems; refer him elsewhere. All domestic rela- (2) where appropriate, representing tions cases, including non-support, divorce, those persons in the courts and separation and child custody, are referred before administrative agencies and directly to the Legal Aid Society and boards; non-indigent applicants are referred to the (3) referring them, in certain cases, to Lawyer Referral Service."' In cases other agencies providing legal which it will handle directly, NLSP is services to the poor such as the available to represent both plaintiffs and Legal Aid Society and the Legal defendants and will provide legal advice, Aid Agency; adversary representation and, where ap- (4) informing them as to potential le- propriate, appellate representation. Such gal problems and methods of clients are charged no fees and salaried avoiding them; and members of the NLSP staff are prohibited (5) identifying non-legal problems and from engaging in private practice or ac- guiding those involved in them to cepting fees from any source." ' facilities within the UPO or in the The program contemplates representa- rest of the community which can tion of indigent persons in six broad solve those problems. '" categories of legal problems: The NLSP has developed a standard (1) housing problems where the in- of "indigency" to guide the legal staff in digent person is either plaintiff or determining whether particular persons defendant and primarily involving qualify for the program's aid: landlord-tenant relationships and Persons must be unable to pay a modest problems of housing code enforce- fee to an attorney in order to qualify for ment; legal assistance at NLSP offices. . .. (2) consumer problems such as credit A base minimum income which would disputes, garnishments, bankrupt- permit the payment of legal fees would be for a single person $55.00 per week take-home pay, for a married couple 134 United Planning Organization, Staff Memo- randum No. 7, Revised, March 12, 1965 p. 1. 13'Id. at 4. 122 Id. at 2. 11 Ibid. 13:, Ibid. LEGAL SERVICES

cies and misrepresentation or potential "clients" were either referred to fraud by retail sellers; other sources of assistance or rejected (3) public assistance and veterans' without referral and that of the 6000 benefits problems centering on accepted for direct handling, more than questions of eligibility and amount one-third received assistance which con- of benefit; sisted solely of legal advice, and another (4) juvenile problems involving repre- 1000 received assistance consisting of sentation after arrest and before drafting various documents and negotia- the appointment of counsel and tion with adverse parties. Significant, too, before school authorities on mat- is the fact that only some 500 cases in- ters of disciplinary action such as volved court litigation or administrative suspension and expulsion; actions and that only some 78 cases (5) adult criminal defendants from the were abandoned by clients. In terms of time of arrest until a preliminary the type of legal problems handled, the hearing at which time felony de- overwhelming majority (some 5800) of fendants who are indigent will be cases involved essentially civil problems represented by the Legal Aid such as housing, consumer disputes, wel- Agency; fare and veterans' benefits and domestic (6) adult criminal defendants charged relations. There were only some 1200 with misdemeanors carrying a adult criminal and juvenile cases pre- penalty of less than a year will be sented to the NLSP for action. The represented through and including operating statistics of this single program the trial stage. 3 7 would seem very clearly to vindicate the contention that the legal problems of the For the year 1966, the UPO program poor are predominantly economic in processed some 9000 new cases and, character and, without such a program, of these, it referred some 2100 to the these economically-based legal problems Legal Aid Society, the Lawyer Referral would go unsolved. Service, law enforcement agencies, pri- Reflecting the dual objectives of im- vate social agencies and to constituent mediate legal assistance and long-range parts of the UPO community action education of the poor as to their legal program. 138 It rejected as without legal rights and duties, the NLSP has estab- substance some 700 cases and handled lished within its organization a Commu- some 6000 directly. 139 It is interesting nity Education Unit. 40 A staff has been to note that almost one-third of the total created to prepare speeches, charts, graphic aids and dramatic skits to be 1"7 Id. at 2-3. used in making presentations to various 13s Neighborhood Legal Services Project, United community groups concerning the law Planning Organization (Washington, D.C.), 4 1966 Cumulative Statistical Report (mimeo- as it affects them.1 1 It is also responsible graphed report on file at the office of the St. Thomas More Institute for Legal Research). 14 oSupra note 130, at p. 4. 13 Ibid. 141 Ibid. 13 CATHOLIC LAWYER, AUTUMN 1967 for developing materials, in conjunction Conclusion with the District of Columbia Bar As- Poverty is more than an economic sociation and local school authorities. status-it is a state of mind. A person which can be used in high schools and unable to climb out of the lower eco- junior high schools to familiarize students nomic classes, both mentally and econom- with legal problems they are likely to ically, tends to become discouraged and 4 2 encounter.' dissatisfied with the system in which he The success of the United Planning lives. He looks on society as the cause Organization's Neighborhood Legal Ser- of his oppression and becomes dis- vices Project is a clear indication of the gruntled with and distrustful of all things utility and practicality of the establish- pertaining to that society. Thus, the law ment of legal services programs through becomes, in his eyes, a means of keeping the use of OEO funds. The NLSP, by him in his lower status rather than pro- adherence to the OEO guidelines, has viding a means of improving it. Only by achieved all of the objectives of the convincing him that the law can be help- OEO while avoiding the pitfalls foreseen ful to him, that it can lift him out of by many critics of the program. poverty, can we relieve his feeling of dissatisfaction. This is the goal of the OEO and, in particular, of the legal services programs. The achievement of this goal is essential to any significant

142 Ibid. victory in the "War on Poverty."