Section 350.100  Authority and Purpose

a)         Authority

The Legal Advocacy Service is a division of the Guardianship and Advocacy Commission and is statutorily charged with the duty to make available legal counsel to persons with disabilities in judicial proceedings arising out of the Mental Health and Developmental Disabilities Code, or related laws, local, State, or federal. [20 ILCS 3955/10]  The Guardianship and Advocacy Act [20 ILCS 3955] (the Act) further charges that the Commission shall evaluate an eligible person's ability to pay for legal advocacy services received and charge fees for those services.

b)         Purpose

The purpose of this Part is to establish the procedures to be used in assessing fees for legal advocacy services.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)

Section 350.105  Definitions

The following definitions shall apply to this Part:

            "Adjusted income" is the difference between income and the following expenses:  child care and court-ordered child support payments, special education services for the client or dependents, for example:  speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, medical services, transportation, school health services, social work services, and parent counseling and training, expenses related to obtaining or maintaining employment which are not reimbursed by the employer, medical or dental expenses, including equipment costs (wheelchairs, guidedogs, etc.), expenses of attendant care, and 20 percent of salary to cover expenses for taxes, social security and mandatory retirement deductions.

            "Eligible clients" are "individuals who have received, are receiving, have requested, or may be in need of mental health services", or are "developmentally disabled" as defined in the federal Developmental Disabilities Services and Facilities Construction Act (42 USC 6001(7)), or any "person with one or more disabilities" as defined in the Disabled Persons Rehabilitation Act [20 ILCS 2405], as provided in Section 2(g) of the Guardianship and Advocacy Act [20 ILCS 3955/2(g)].

            "Family unit" means the client, the spouse, dependents, and parents of minor clients.

            "Income" means all financial assistance or resources, but not non-liquid assets, available to the client.  Assets that will be regarded as financial resources in calculating income include cash, savings, checking accounts, stocks, bonds, and pensions.

            "Legal services" or "legal advocacy services" means legal counsel and representation to eligible persons in judicial proceedings arising out of the Mental Health and Developmental Disabilities Code [405 ILCS 5], including but not limited to admission, civil commitment, and legal competency and discharge, and to enforce rights or duties arising out of any mental health or related laws, local, State, or federal.

            "Minor" means a person under 18 years of age.

            "Non-liquid assets" means real estate and that personal property which does not meet the definition of income.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)

Section 350.110  Legal Services Without Charge

The Legal Advocacy Service shall provide free services to persons otherwise "eligible" for legal services:

a)         whose income is limited to Supplemental Security Income (SSI), Social Security, Temporary Assistance to Needy Families (TANF), or general assistance benefits; or

b)         whose adjusted income does not exceed 150% of the federal poverty level for nonfarm families (64 Fed. Reg. 13428, March 18, 1999); or

c)         pursuant to a court appointment or determination of indigency.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)

Section 350.115  Fees for Legal Services

a)         Referral Procedure

            Eligible clients whose adjusted income makes them ineligible for free legal services (other than an initial consultation) shall have contacted a member of the private bar to arrange representation.  If requested by the client or the client's legal representative, the Legal Advocacy Service shall refer the client to a member of the private bar drawn from a list provided by the Illinois or local bar association, or maintained by the Legal Advocacy Service.  Upon finding that the client was unable to make an arrangement for representation by a member of the private bar, Legal Advocacy Service shall charge the client for legal services in accordance with the sliding fee schedule set forth in Section 350.120 of this Part.

b)         Emergency Problems

            A referral need not be made where the client presents an emergency problem which would likely result in immediate or irreparable injury, loss, or damage to the claim of the client due to the lapse of time necessary to make a referral.

Section 350.120  Sliding Fee Schedule (See Appendix A)

a)         The Legal Advocacy Service shall charge $40 an hour for each hour spent at court or administrative hearings and $30 for each hour otherwise spent in preparation or other representation of a client whose adjusted income exceeds, but is less than or equal to twice, 150% of the federal poverty level.

b)         The Legal Advocacy Service shall charge $50 an hour for each hour spent at court or administrative hearings and $40 for each hour spent in preparation or other representation of a client whose adjusted income exceeds twice, but is less than or equal to three times, 150% of the federal poverty level.

c)         The Legal Advocacy Service shall charge $60 an hour for each hour spent at court or administrative hearings and $50 for each hour spent in preparation or other representation of a client whose adjusted income exceeds three times 150% of the federal poverty level.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)

Section 350.125  Maximum Fees

No client shall be charged fees exceeding 5% of his adjusted income for legal services within each 12 month period.

Section 350.130  Postponement of Fee Payment

a)         Postponement in Fee generating/Contingent Fee Cases.

            The Director of the Legal Advocacy Service is authorized to postpone payment of fees for legal services in accordance with the sliding fee schedule set forth in Section 350.120 of this Part in cases in which an attorney's fee may be awarded or in which a contingent fee agreement can be negotiated.  The Director shall consider

1)         the need of the client for legal services in the client's region of the State, with particular consideration to the client's special difficulties of access to legal services,

2)         Legal Advocacy Service staff resources and expertise,

3)         the availability of other sources of legal assistance in the particular category of cases or matters,

4)         the relative importance of the client's legal problems compared to other clients,

5)         the general effect of the resolution of the client's case on other eligible clients,

6)         the susceptibility of the client's problem to solution through legal processes,

7)         whether legal efforts will complement other efforts to solve the client's problem.

b)         Postponement in OASDI/SSI cases

            Payment of fees for legal services shall be postponed in claims involving Old Age, Survivors and Disability Insurance (OASDI) and Supplemental Security Income (SSI).  Attorney fees shall be based on the award allowed by the forum before which the Legal Advocacy Service rendered services on behalf of a client, and in no event shall a client be charged a fee which is in excess of such an award where it is prohibited by law.

Section 350.135  Payment of Fees

a)         Written Notice

No client shall be charged a fee for legal services unless given written notice that fees will be charged prior to the provision of legal assistance.

b)         Billing

The Legal Advocacy Service shall bill the client for legal services rendered at least every six months, except as provided in Section 350.130 of this Part.

c)         Suspension of Services for Nonpayment

Legal services shall be terminated or suspended if the client does not remit payment within six months after billing, consistent with Rule 1.16 of the Illinois Rules of Professional Conduct (Supreme Court Rules, RPC 1.116).  The Legal Advocacy Service Director shall determine whether legal services shall be terminated or suspended and notify the client in writing.  At the request of the client or the client's legal representative, the Director of the Commission shall review the Legal Advocacy Service Director's decision, render a written decision, and notify the client within 30 days.  At the request of the client or the client's legal representative, the Commission Chairperson shall review the Director of the Commission's  decision, render a written decision and notify the client within 30 days.  The client and the client's legal representative may submit additional information to the Director of the Commission and Chairperson during their review.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)

Section 350.APPENDIX A   Sliding Fee Schedule for Legal Services

*    For family units with more than 8 members, add $2820 for each additional member in a family.

(Source:  Amended at 24 Ill. Reg. 11264, effective August 1, 2000)