As part of its “Contract with America,” the 1994 Congress adopted a number of restrictions on the kinds of cases LSC recipients can take on; these restrictions include, among other things, bans on class action cases, fee generating cases, advocacy efforts, and the same limitations apply to LSC grantees' use of state and local government money and private funds,  These restrictions have been incorporated into all LSC funding reauthorizations by subsequent Congresses.

These restrictions have a number of unnecessary and unfair consequences on LSC-funded legal aid organizations; including the following:

The restrictions violate federalism. Contrary to fundamental principles of federalism and private control of private sector funds, these restrictions interfere with the freedom of state, and dictate how the dollars of private and local donors will be spent.

The restrictions waste resources. Currently, legal services that fall within these restrictions can be funded only through different legal aid providers, if at all. At best, this results in the use of scarce legal assistance resources being used to fund duplicate overhead, personnel and administrative costs and at worst, it means that such priorities are not funded at all.

The restrictions are unique to legal aid not-for-profits, who should be treated equally with all other government-funded not-for-profits. Such restrictions typically do not apply to other government-funded not-for-profits, including faith-based organizations, and to private attorneys. While other not-for-profits must strictly observe federal restrictions on federal funds, they are not forced to create separate offices and hire separate personnel for their privately-funded activities. Members of the private bar and non LSC-funded legal aid programs can choose to file class action litigation if a class can be properly established, and they are governed by professional and judicial rules of ethics and class actions. LSC-funded legal aid programs are treated differently because, for example, they are prohibited from filing class actions, which are a useful mechanism for addressing systemic abuses. In short, legal aid programs should be treated like other not-for-profits and the private bar, and these restrictions should be lifted.

For more informtion on The Chicago Bar Foundation's advocacy work relating to removing LSC restrictions, and to get involved, please contact Danielle Hirsch at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 312-554-4952.

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