Note:  This material is offered for the convenience of users.  Official citation should be to, and quotation should be from, 67 Fordham Law Rev. (1999)

RECOMMENDATIONS OF THE CONFERENCE ON THE DELIVERY OF LEGAL SERVICES TO LOW-INCOME PERSONS (1)

Copyright Fordham Law Review, 1999, Used with Permission

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1751 (1999)
 

1. The recommendations are consecutively numbered for ease of reference. Citations to these recommendations elsewhere in this volume shall be as follows:
Recommendations of the Conference on the Delivery of Legal Services to Low-Income Persons, 67 Fordham L. Rev. 1751, Recommendation ___, at ___ (1999) [hereinafter
Recommendations].
 

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1796 (1999)
 
 

VIII. ASSESSMENT OF SYSTEMS FOR DELIVERING LEGAL SERVICES

A. What Is the Purpose of Assessment?

Assessment and evaluation are necessary components of efforts to improve the ability of legal services delivery systems to fulfill the mis-sion
of achieving equal and full access to justice.

119. Assessment should address whether low-income people have access to the information and assistance they need to resolve
their legal problems and to use the justice system to protect and promote their legal, economic, and social interests.

120. Assessment should promote the effectiveness and enhance the capacity of funders and providers in using their resources
to achieve these goals.

B. What Are the Goals of the Assessment?

121. Assessment should foster the improvement of the delivery of legal services by addressing concerns related to three general
areas: (a) National, state, and local system and program designs for
serving client communities and promoting justice. As-sessment in this area should:
(i) identify met and unmet legal needs; (ii) assess whether the mission is responsive to the
needs of the client community; (iii) assess whether systems and programs have ful-filled
their missions, met their goals and objec-tives, and satisfied their own standards;
 

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1797 (1999)

(iv) provide the ability to compare the effectiveness of traditional and innovative delivery systems and
strategies; (v) assess the program's responsiveness to the diver-sity
of the community it serves; (vi) evaluate the extent and effectiveness of stake-holder
involvement in delivery of services; (vii) explain to and document for the public the bene-fits
of investment in legal services, including its cost-effectiveness for government and society as
well as its intrinsic value in contributing to a more just society; and
(viii) assist in strategic planning processes. (b) Quality of client services. Assessment in this area
should: (i) evaluate client satisfaction, including: ease of ac-cess
to services, whether services respond to problems and needs, and clients' perception of
quality; (ii) evaluate outcome and impact of services on cli-ents'
lives; (iii) assess quality and competence of the services pro-vided;
and (iv) evaluate how the program addresses diversity in
the interaction between program staff and clients. (c) Leadership, management, and administration. Assess-ment
in this area should: (i) enhance program efficiency and productivity;
(ii) enhance the program's ability to raise funds and provide services;
(iii) assess the program's success in promoting and maintaining a diverse staff, management, and gov-erning
body; (iv) enhance the program's ability to recruit, evaluate,
train, retain, and supervise staff; (v) enhance the program's process for setting priori-ties;
and (vi) assist the program's governing bodies in fulfilling
their policymaking functions.
 

C. What Data Should Be Collected?

122. Data should be collected and analyzed in furtherance of the goals listed above under the categories of: national, state,
and local system and program designs for serving client com-munities and promoting justice; quality of client services; and
 

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1798 (1999)

leadership, management, and administration. Areas in which useful data could be collected include:
(a) administrative data, e. g., client characteristics, types of services being provided, client outcomes, funding
sources, and staffing patterns; (b) existing government and organizational statistics, includ-ing
community and court data; (c) surveys of clients, staff, and community, addressing issues
such as client satisfaction, client understanding of infor-mation, and client outcomes;
(d) focus groups of clients, staff, and community members; (e) information regarding legal, social, economic, and polit-ical
contexts, such as changes in entitlements or other laws affecting clients; and
(f) literature, such as legal needs surveys, cost-effectiveness studies, model standards, other published reports, articles,
etc.
 

D. Who Should Be Involved in Assessments?

123. Assessment should involve participation from a wide range of stakeholders, including, where appropriate: clients, legal
services program staff, management and governing bodies, advocacy groups, community-based organizations, social ser-vice
providers, private attorneys and bar associations, courts, law schools, social scientists, and public officials.
 

E. Methodology: How Should Assessment Be Undertaken?

124. National, state, and local organizations as well as researchers and academics should formulate model data collection instru-ments
and methods and should collect what has already been done in related fields. Law school clinics, in particular,
should design and test models for assessment.

125. Local programs should be encouraged to collaborate with law schools, social science faculties, and other academic institu-tions,
foundations, and non-profit research institutes and per-sons affiliated with the American Evaluation Association to
set research agendas and undertake research.

126. In the interest of efficiency, programs should collect data useful for evaluation as part of the ongoing operation.
 

F. Who Should Provide Funding and Resources for Data Collection and Assessment?

127. Independent entities such as academic institutions, founda-tions, and non-profit research institutes should be encouraged
 

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1799 (1999)

to conduct research on legal needs and delivery of legal services.

128. The federal government (e. g., through the U. S. Census Bu-reau) should track data on the need for legal assistance and
the amount of assistance provided, as is done in other areas such as health, housing, and education.

129. In consultation with stakeholders, major funders should form a consortium to fund (a) the development of model assess-ment
methodologies, and (b) a research grant program to as-sess the effectiveness of different approaches to the delivery
of legal services.
 

G. How Do We Share Information?

130. Establish a national clearinghouse or repository, that, to-gether with other national, state, and local entities, as well as
law schools, gathers information about evaluation methods and findings, including assessment, evaluation, and methodol-ogy,
and including research instruments. Technology should be used to ensure that information is linked and widely and
readily accessible.

131. Establish a library of existing data related to delivery of legal services.

132. Standardize national, state (including IOLTA), and local ba-sic provider data and make it available for research.

133. Encourage projects to share methodology and data collected on legal services at every opportunity, including with staff,
community, other service organizations and the public, as well as at conferences and through a common forum to be
created on the Internet.

134. Require sharing of official assessments with the programs' Boards of Directors and, to the extent appropriate, with staff.

135. Encourage relevant journals such as MIE and the Clinical Law Review to invite submission of papers on the assessment
of legal services programs and to consider special annual issues on assessment of legal services.

136. Issue periodic national, state, and local reports on legal needs and available resources to address those needs.
 

H. What Are the Challenges of Assessment?

137. In undertaking assessment, programs and researchers should: (a) assure that client confidentiality and the attorney-client

privilege are protected; (b) respect the integrity of judgments involved in local
decisionmaking;
 

RECOMMENDATIONS                                                                                    67  FORDHAM LAW REVIEW  1800 (1999)

(c) recognize that the goal of assessment should not be uni-formity of delivery systems;
(d) avoid undervaluing what is hard to assess, such as the quality of justice;
(e) minimize the burden on clients and programs of data-collection;
(f) determine the priority to be given to assessment; and (g) avoid undervaluing informal assessments.

138. Assessment should be sensitive to external factors that affect the program such as changes in funding, political culture, and
the demographics of the community.

139. Goals and values used to design the assessment should be clearly stated. Assessment should not be used as a device for
control and policymaking.

140. Assessment should recognize and avoid the risk of deterring creative, zealous, or controversial advocacy. 50

 
 

Return to Fordham Recommendations Table of Contents

Return to Legal Ethics Resources Page

Return to Resources Page

Return to Zorza Associates Home Page