PERFORMANCE STANDARDS AND DEVELOPMENTAL GUIDELINES FOR

STAFF ATTORNEYS

January, 2012

I. RELATIONS WITH CLIENTS

STANDARD GUIDELINES

1. Demonstrates sensitivity to low-income persons and their legal needs & circumstances, reinforces their dignity, and shows commitment to the provision of high-quality legal services.

2. Demonstrates cultural competence and sensitivity and overcomes language and other cultural barriers.

3. Accommodates clients with disabilities.

1. Treats clients with dignity and respect.

2. Is sensitive to client’s circumstances, and makes accommodations to meet client needs such as flexible appointment times and/or locations.

3. Demonstrates understanding of low-income client community and their unique legal needs.

4. Leaves clients with the belief that attorney will provide high-quality legal services undiminished by client’s status or poverty.

1. Is aware of and sensitive to the diverse cultures particular to the attorney’s service area.

2. Is sensitive to cultural differences/values, recognizes and affirms when such differences are a factor in client decision-making, and provides assistance in a non-judgmental way that honors and respects those values.

3. Is sensitive to language barriers and always uses interpreters when necessary or appropriate.

4. Assures use of appropriate interpreters and translation and does not inappropriately rely on friends and family to interpret.

1. Is sensitive to client’s physical or mental disability and takes into account any barriers or challenges the disability poses in the course of representation.

2. To the greatest extent possible, provides service to persons with disabilities in the same manner and in the same location as service given to others, unless the difference is necessary to make services as effective as that provided to others.

3. Makes appropriate changes to practice to accommodate the needs of people with disabilities.

4. Is aware of and complies with Rule 1.14 in Rules of Professional Conduct regarding representation of clients with diminished capacity.

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4. Establishes a good rapport with clients, while building client trust and confidence.

5. Maintains client confidentiality.

6. Learns clients’ objectives, consults with clients and pursues their choices regarding the means used to achieve those objectives, consistent with ethical and legal obligations.

1. Clearly identifies who is the client.

2. Respectfully communicates with client in a way that encourages trust, inspires confidence, allays fears, and makes client feel comfortable.

3. Explains attorney/client relationship to clients in easily understandable terms.

4. Handles difficult clients with tolerance, patience, and empathy, and attempts to diffuse rather than to exacerbate a difficult situation.

5. Communicates directly with the client re appropriate roles and responsibilities of both attorney and client, clearly identifying tasks assigned to client.

1. Is familiar and complies with Rule of Professional Conduct 1.6, and accompanying comments, under which a lawyer may not reveal information relating to the representation of a client unless client gives informed consent, or unless the disclosure is impliedly authorized in order to carry out the representation, or unless one of the other exceptions noted in the rule applies.

2. Protects confidentiality of client information and avoids inadvertent disclosure of client information, by conducting client interviews in private areas, protecting computer screen and documents’ from others’ view, and by avoiding conversations that might reveal client information outside PSLS.

1. Identifies for client reasonable outcomes that may be expected and explains strategies to achieve them. Allows client to decide on the desired outcome and make the final decisions regarding the objectives of the representation (subject to PSLS decisions to limit the scope of representation, to any legal constraints and to a lawyer’s professional and ethical obligations).

2. Carefully avoids substituting own judgment for that of clients who are uncertain about what objectives to choose or who may want to defer to the lawyer’s professional opinion.

3. Decides, in consultation with client, upon strategies that could be employed to achieve objectives, and to the extent possible, seeks to reconcile differences.

4. Properly serves client by not telling client what client wants to hear but by telling client what the law permits or prohibits.

5. Counsels client based on attorney’s professional judgment related to client’s circumstances and the legal merit of client’s case, not based on a desire to avoid difficult client or case.

6. Completes and explains Retainer Agreement to client and assures that

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7. Effectively counsels clients throughout the case, follows up with reasonable diligence and promptness, and explains issues and developments as they arise.

1. Consistently follows through with clients, keeps them informed of the status of the matter, and promptly complies with reasonable requests for information.

2. Makes timely decisions on case acceptance; does not prolong decisions on case acceptance with unnecessary periods of investigation or evaluation; and timely informs clients regarding case acceptance as well as the nature and extent of our proposed representation.

3. Timely returns client’s phone calls; in general, within one business day.

4. Demonstrates ability to explain routine and complex issues to clients in terms they understand.

5. As facts and circumstances develop, explains options and strategies to client, including their advantages, disadvantages, and risks, in order to permit client to make informed decisions regarding the representation.

6. Advises clients as to actions necessary to preserve their legal rights.

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II. LEGAL SKILLS AND EFFECTIVE HANDLING OF CASES

STANDARD GUIDELINES

1. Provides high quality legal assistance in every client case.

1. Develops clear and complete understanding of facts of the case; continues to develop understanding of facts as the case unfolds.2. Completes the “Case Plan” on the Case Profile Page on Legal Server, indentifying all of the following: a) what client wants; b) a summary of the facts; c) advice given; d) a plan of action, including the initial steps to be taken; and e) important dates.

3. As attorney completes initial steps identified in the Case Plan on Legal Server, attorney makes a written plan for the next steps in each case, and then continues to modify the plan during the case as new information is learned and as client’s circumstances or objectives evolve.

4. Executes the case plan in a timely and effective manner; attorney does not allow cases to sit without action or to become stale.5. Creates a litigation chart for each non-routine matter which is in litigation or for which litigation is being prepared. The litigation chart identifies: (1) each side’s claims and/or defenses; (2) the elements of each side’s claims and defenses; (3) the facts which support the client’s elements, and which disprove the opponent’s elements; (4) the sources of proof for those facts; and (5) the formal or informal discovery needed to obtain that proof, noting appropriate deadlines.6. Meets all deadlines in his or her cases. 11. Is thoroughly prepared for all steps in the case; attorney does not “wing it”7. Chooses the most appropriate and effective avenues for advocacy and representation.8. Considers use of alternative dispute resolution when appropriate to client’s case, and demonstrates ability to engage in alternative dispute resolution methods proficiently.9. Considers legislative and administrative advocacy and proficiently and zealously engages in same when appropriate to client’s case and permitted by LSC regulations.

10. Does not inappropriately shift responsibility for client’s case to the client.

11. Does not prematurely close case and sees case through to appropriate conclusion, to ensure that client gains the benefit of the representation, to take reasonable enforcement action; clarifies with client when the representation has ended.

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2. Is effective in communicating orally.

3. Communicates effectively in writing.

4. Has strong analytical skills.

1. Communicates orally in a manner that is clear, precise, concise, logical, and persuasive.

2. Uses language and explanations that are appropriate to the target audience.

3. Is a keen and discerning listener.

4. Is an effective client interviewer; specifically, attorney puts the client at ease, instills confidence, elicits relevant information from the client, learns client’s concerns and objectives, minimizes the need for repeat interviews, and provides appropriate information to clients, including initial advice, appropriate expectations of the attorney, and next steps to be taken by client and by attorney.

1. Writes in a manner that is persuasive, well-organized, clear, precise, and appropriate to the target audience.

2. Uses facts and law compellingly and accurately to make the most persuasive case for client’s position.

3. Pleadings, motions, and briefs raise all appropriate causes of action, defenses, affirmative defenses and arguments.

4. Ensures that writing is well-researched.

5. Ensures that transactional documents accomplish client objectives and protect client interests.

6. Does not inappropriately rely on language appearing in sample or form pleadings, motions, briefs or other writings that may not be directly applicable to client’s case, in whole or in part.

1. Demonstrates logical thinking and problem-solving abilities.

2. Assimilates complex information, draws proper inferences and makes necessary connections to structure and arguments which advance client’s goals.

3. Thoroughly identifies and evaluates legal and factual issues presented in client’s case.

4. Develops creative legal theories and approaches to client’s case, with appropriate support.

5. Appropriately adapts legal theory and approach to case as new facts and circumstances develop.

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5. Conducts efficient and effective legal research.

6. Demonstrates ability to master the facts of the case through formal and informal discovery and to properly respond to opponent’s discovery.

1. Demonstrates knowledge of legal research techniques and locates key legal authority applicable to client’s case.

2. Uses the wide range of available research techniques including WestlawNext, Illinois Legal Advocate Online, Agency websites, Google, and other electronic research resources.

3. Uses primary sources, including statutes, regulations, and case authority, rather than relying on secondary sources or canned materials/forms to ensure that research is correct and current.

4. Throughout the course of representation, identifies those factual and legal issues where additional research needs to be undertaken to fully understand the issue, and conducts such research.

1. Engages in a timely and thorough investigation of the case to establish accurate knowledge of all relevant facts.

2. Regularly prepares and executes a discovery plan that identifies: (1) facts and information that need to be obtained to effectively litigate the case; (2) from whom the facts and information are most likely to be available; (3) the least costly but still effective method to obtain necessary facts and information, and (4) a time frame for pursuing discovery.

3. Is knowledgeable about and complies with the applicable rules of procedure with respect to discovery, in both court and administrative proceedings.

4. Drafts interrogatories and requests to produce to result in useful discovery that is effective in discovering relevant information.

5. Uses requests to admit strategically to streamline proof issues at trial.

6. Responds to discovery requests in a prompt and straightforward manner without making unnecessary disclosures.

7. Prepares for and conducts effective depositions, with an understanding of the legal elements to be proven in the case, the purposes of the deposition, the information to obtain, the admissions to seek, how to lock in a deponent's story, and what areas of inquiry should not be covered.

8. Effectively defends depositions by preparing clients/ witnesses for deposition, protecting the client’s interests by use of appropriate objections, and making strategic decisions regarding whether to question client during the deposition.

9. Keeps up with and advises clients regarding the evolving law governing discovery of computer databases, e-mails and other electronically stored information that may be pertinent to the client’s case.

10. Conducts and maximizes opportunities for informal discovery, including information-gathering from clients, witnesses, opposing parties or counsel, and Freedom of Information Act.

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STANDARD GUIDELINES

7. Has developed trial advocacy skills appropriate to attorney’s level of experience.

1. Demonstrates appropriate skills at trials and hearings including:

a) Opening Statement of evidence that will be presented and what it proves, including a clear theme of the case, that is well-organized and persuasive, and which confidently shows the case from client’s perspective, and weakens or refutes opponent’s major arguments or witnesses.

b) Direct Examination that accredits and personalizes the witness, sets the scene, lays out the story, stresses specific details, and uses demonstrative evidence when appropriate, while avoiding compound or complex questions and improper leading questions.

c) Cross Examination: that, unless the attorney strategically decides otherwise: (1) is brief; (2) uses short, leading questions, in plain words; (3) avoids asking a question the answer to which is not known in advance; (4) takes into account the witness’ answers but which does not allow witness to explain answers or repeat direct testimony: (5) avoids the “one question too many”; (6) avoids any hint of quarreling with the witness; and (7) saves the ultimate point of cross for summation. Attorney knows when to cross and when not to cross at all; attorney knows and uses proper impeachment techniques.

d) Objections and knowledge of evidentiary rules: makes timely and appropriate objections and motions to strike, demonstrating familiarity with available legal objections and knowledge of the reasons to object and reasons not to object; and demonstrates knowledge of the procedure and tactics of responding to objections, including how and when to protect the record by making an offer of proof.

e) Exhibits and admission of evidence: lays the necessary foundation for admission, through use of leading questions, and tracks the status of exhibits throughout trial, ensuring that all appropriate exhibits are moved into evidence.

f) Closing Arguments: strategically organizes argument to demonstrate that client is entitled to relief sought, weaving the evidence and law in a persuasive manner. While attorney prepares the argument prior to trial, attorney adjusts it to reflect the evidence actually admitted at trial. An effective closing argument may: (1) re-establish the theme and theory of the case, stating again what was promised in terms of proof; (2) proceed to argument organized around all of the elements of client’s case; (3) talk about each thing proved and how evidence and testimony proves it; (4) attack positions, theory, evidence and witnesses of other side, and (5) end big with a strong message about why the trial of fact should rule in client’s favor.

g) Handling unanticipated circumstances at trial by remaining flexible, not losing control, having confidence, with the ability to think on one’s feet.

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2. Is always prepared for trial or hearing in each case, in that the attorney:

a) Is well-versed in the facts and the legal arguments of the case, through prepared litigation charts or other methods, and anticipates what to expect at trial;

b) Determines in advance the timing and sequence for presentation of testimony and other evidence so that the fact-finder will have a compelling and cogent picture of the client's case;

c) Prepares and serves necessary subpoenas to assure the presence of witnesses;

d) Prepares and organizes exhibits for admission at trial, with a strategy for achieving their admission;

e) Anticipates opponent's strategy and is prepared to counter or rebut any damaging evidence or testimony; and

f) Anticipates disputes regarding the admissibility of evidence and is ready to present appropriate arguments for admission or exclusion.

3. Fully prepares witnesses in advance to assure their ability to recall important facts and to reduce any anxiety, so that they can tell their story in a compelling and cogent way.

4. Establishes good working relationships with clerks, court-reporters, bailiffs, and other court personnel.

5. Initiates and follows through with post-judgment steps to assure that the client receives a benefit conferred by the court’s order and/or otherwise protects the rights of the client post-judgment.

6. Following entry of an adverse judgment, properly and promptly counsels client regarding appeal rights, and decides whether to recommend an appeal. Advises client about legal and practical implications of appealing, including whether the issues are appealable, the likely outcome on appeal, the length of time the appeal is likely to take, and the potential benefits and risks involved.

7. Makes recommendation to Prairie State on whether to pursue an appeal, in which the attorney:

a) Uses best professional judgment about likelihood of success on appeal, evaluating pertinent law to determine whether client's position can be successfully asserted; and

b) Addresses potential benefits and risks of the outcome of the appeal both to the client and to low income communities from any precedent that could be set.

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8. Has developed motion practice skills appropriate to attorney’s level of experience.

8. Informs client promptly about Prairie State’s decision whether or not we will represent client on appeal to allow client sufficient time to pursue appeal on his or her own, or with another attorney.

9. As to administrative hearings:

a) Understands agency hearing rules and practices.

b) Advocates appropriately to the level of formality of the proceeding yet makes necessary evidentiary record (documents, testimony, and argument) to preserve client’s options for further review.

c) Follows up on the administrative hearing, including the submission of supplemental materials on the client’s behalf, if appropriate.

d) Advises clients promptly regarding the impact of the administrative order and their rights to further review, mindful of appropriate appeal deadlines.

e) Seeks further review in a timely manner in appropriate cases.

1. Demonstrates appropriate skills related to motion practice including:

a) Strategically analyzes when to bring a motion and when it is best not to bring a motion.

b) Is familiar with and makes appropriate use of the range of possible types of motions that can be brought to advance the case, including those that are dispositive of the case, that are related to discovery or that seek to obtain relief pending the outcome, as well as available trial motions (such as motions in limine) and post-trial motions.

c) Drafts motions and responses to motions appropriately and persuasively in accordance with proper format and applicable rules of procedure.

d) Appropriately formats and includes documents to accompany motions such as: notice of motion, affidavits, briefs, exhibits, and draft orders.

2. Effectively presents motions without allowing opposing counsel to summarize or characterize the attorney’s argument.

3. Effectively conducts oral argument on motions, prepared with a logical structure, that:

a) Identifies the issue(s), worded in a manner that best suits the client’s position;

b) Briefly states only the relevant facts or weaves those facts into the legal argument;

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9. Deals appropriately and effectively with adverse parties in order to expedite disposition of a matter, formulate and simplify issues, and facilitate settlement to achieve client’s goals.

c) Focuses on the most important issues (does not save the best for last), developing in appropriate detail the reasons why the requested relief should or should not be granted;

d) Consistently maintains good eye contact with the judge, reads sparingly and only from necessity, ensuring that a copy of what’s being read is in the judge’s hands;

e) Directly and promptly addresses any concerns or questions of the court, while conceding points that should be conceded; and

f) Briefly closes, asking the court for specific relief.

3. Attentively listens to court’s rulings and accurately drafts appropriate court orders in accord with those rulings.

1. Engages in negotiation with adverse parties or their counsel when appropriate to further client’s objectives.

2. Enters into agreements only when authorized.

3. 1Counsels client with respect to settlement solely based on the merits of client’s case and factors related to client’s circumstances, not based on attorney’s desire to proceed with or avoid trial/hearing.

4. Prepares for negotiations by identifying:

a) The strengths and weaknesses of client’s and adversary’s case;

b) Areas of possible agreement between the parties;

c) Client's opening position, potential fall back positions, bottom line and leverage points; and

d) Creative solutions that meet the interests of the parties.

5. Counsels client prior to negotiations regarding the negotiation process, the potential range of outcomes, the benefits of negotiation as well as the benefits and risks of trial; learns the extent of attorney’s authority for settlement.

6. Conducts negotiations using effective negotiation techniques intended to achieve the best results for the client and to better understand opponent’s interests, strengths and weaknesses, taking advantage of the opportunity for informal discovery.

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10. Achieves what is reasonably attainable for the client.

11. Achieves what is reasonably attainablefor the client population experiencing systemic problems.

12. Has both a depth and breadth of knowledge in subject areas of importance to the client community, commensurate to attorney’s experience level.

7. Assures that final agreements are reduced to writing covering all material issues, anticipating enforcement problems likely to arise, and providing for an enforcement mechanism, where appropriate.

8. Expedites disposition of the action, formulates and simplifies issues, discourages wasteful pretrial activities, and effectively schedules/ resolves issues relating to motions and discovery.

9. Complies with RPC 4.3 in dealing with unrepresented persons.

10. With respect to government agencies, effectively prepares for and conducts prehearing conferences, informal hearings, or other interactions with agency staff to achieve client’s goals without the necessity for a formal hearing.

1. Recognizes one’s role as a problem-solver.

2. Achieves as much as is reasonably attainable for the client, given the extent of the representation, the client’s objectives, and the circumstances of the case.

1. Strives to accomplish meaningful results by: (1) teaching low-income persons how to address their legal problems; and (2) where appropriate, assisting members of the low-income community to become economically self-sufficient.

2. Identifies laws, policies and practices that have a detrimental effect on low income persons and that deter PSLS from achieving desired results; is familiar with the efforts of others to change such policies and laws; considers strategies that address client problems at policy levels; and when appropriate, engages in advocacy to address such systemic problems and freely collaborates with others to achieve change.

1. Has a basic familiarity with the substantive law that commonly impacts Prairie State clients, including housing, family, consumer, benefits and elder law.

2. As appropriate given the work within the individual office, attorney has an in-depth knowledge in one or more substantive areas of the law in which he/she concentrates his work.

3. Has working knowledge of Illinois civil procedure and administrative agency procedure.

4. Is familiar with the Illinois Rules of Professional Conduct and how to apply those rules in practice.

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13. Increasingly develops expertise in poverty law and advocacy skills in a variety of forums, and shows a willingness to accept new advocacy challenges.

1. On an on-going basis and through training or other methods, develops in a range of substantive practice fields and skill areas including: basic litigation skills; specialized skills and substantive knowledge appropriate to attorney's area of practice; use of technology to support effective practice; and if appropriate, effective supervision, mentoring, and leadership skills.

2. Keeps abreast of changes in law and practice, including legislative developments affecting our low-income population.

3. Demonstrates flexibility, openness to change, adventurousness and the motivation to achieve/develop in accepting new legal challenges, learning new areas, developing additional expertise, and expanding range of experience throughout career.

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III. CASELOAD

STANDARD GUIDELINES

1. 1Caseload and closed case numbers are appropriate to meet our obligations to our individual clients, our funders and the client community.

1. Maintains an appropriately-sized 1 open caseload given: (1) the availability of time to represent clients competently and achieve meaningful results; (2) the attorney’s level of experience, training and expertise; (3) the types, status and complexity of the attorney’s pending cases, including those that require a substantial commitment of time; (4) the attorney’s non-client legal work and other responsibilities in the office; (5) Prairie State’s capacity for support (both supervisory and clerical); and (6) other relevant factors such as time needed for travel/number of counties served by the office.

2. Caseload is not inflated by cases which are ready to close but have not been closed, or which have been left dangling without any action.

3. In light of standards 1 and 2 above, the following caseload is offered as a guideline, although variations may be appropriate in given circumstances. It is important for the MA and staff attorney to discuss caseload to ensure that it is an appropriate size given all of the factors listed above. Attorney should have a caseload within the following range, based on experience: a) At the end of 1st year of practice: 25 to 35 open and active cases; the MA should work with first year attorneys to ensure that each case provides an opportunity to expand professional skills, and to allow adequate time for development of good work habits. b) 2nd through 5th year of practice: 35 to 50 open and active cases. c) Beyond 5th year: 40 – 60 open and active cases.

No attorney should have more than 75 open cases, or after the 1st year fewer than 35 open cases, absent a particular circumstance which is discussed with and approved by the MA.

4. Closes an appropriate number of cases over a 12 month period in light of the same factors listed in Expectation 1, above.

5. The following numbers are offered as a guideline but variations may be appropriate in given circumstances: An attorney at the end of his/her 1st year should have closed at least 75 cases. Thereafter, depending on attorney’s level of experience and the nature/complexity of caseload, an attorney should close at least 125 to 200 cases in any given 12 month period.

6. Cases closed include a significant number of cases closed by extended service; as a guideline, from which a variation might be appropriate depending on a number of factors, at least 20 to 40% of cases closed should be closed with extended service. Attorneys who have a lower number of closed cases should be expected to have a higher percentage of extended service cases.

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2. Complexity of cases within the attorney’s caseload is appropriate to the attorney’s level of experience.

7. It would be very difficult and unusual for a staff attorney to be able to complete more than 250 cases in a year while also maintaining a caseload which includes complex cases and providing the highest quality of service. Likewise, the above guideline identifies a minimum number of closed cases each year. Therefore, in the event that an attorney closes fewer than 75 cases in the 1st year, or fewer than 125 thereafter, or closes more than 250 cases in a 12-month period, the managing attorney and the staff attorney should review the attorney’s situation to ensure that the attorney is handling cases of sufficient complexity and whether there may be other issues needing resolution.

1. The complexity of the attorney’s caseload is appropriate given: (1) the availability of time to represent clients competently and achieve meaningful results; (2) attorney’s level of experience, training and expertise; (3) attorney’s non-client legal work and responsibilities within the office; (4) grant restrictions on the use of the attorney’s time; (5) Prairie State’s capacity for support (both supervisory and clerical); and (6) other relevant factors such as time needed for travel/number of counties served by the office.

2. Is involved in matters before administrative agencies and state trial courts.

3. For attorneys with five years’ experience or more, attorney is involved in matters before the state appellate court and/or the federal courts and/or is otherwise engaged in complex litigation or matters.

4. Consistent with maximizing the client’s best interests, accepts and approaches cases in such a manner as to provide opportunities for drafting pleadings, motions and briefs; for engaging in formal discovery; for contested hearings and trials; and for appeals under the Administrative Review Law, common law certiorari or to courts of appeal.

5. At least by the start of the attorney’s 4th year of experience, where the work of the office allows, the attorney provides service beyond individual clients and allocates meaningful time, effort and resources to work designed to have a broader impact on the client communities served by Prairie State.

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IV. EFFECTIVE CASE ADMINISTRATION

STANDARD GUIDELINES

1. 1Completes case-related tasks and closes cases in a timely manner.

2. Works effectively with supervisors and uses other program resources to assure high quality representation.

1. 1Dockets all deadlines, at a minimum, in the Legal Server calendar and in personal calendars. Meets all deadlines in client’s case.

2. 1Attends all court appearances and other scheduled events in client’s case on time, and is prepared to present client’s position, answer court’s or tribunal’s questions, and counter opponent’s arguments.

3. Where it is necessary and possible to seek an extension of a deadline in a client matter, the attorney seeks that extension timely and well ahead of the deadline, as the reason for the extension permits.

4. Returns phone calls to opposing parties and counsel, and other persons associated with the case within a reasonable time, in general within one business day

5. 1Closes cases within a reasonable time after completion, and in all cases within the timeliness guidelines established by LSC; does not close cases prematurely, for example before the time for appeal has expired or relief has been implemented.

6. Puts closed cases into the closing review process in a timely manner.

1. Provides pleadings, motions, briefs, and other significant materials to supervisor and as appropriate to directors of litigation, far enough before the due date to allow effective supervision, in accordance with guidelines in the operations manual.

2. Appropriately balances the need to work independently with the need to get appropriate direction from supervisors, to maximize efficiency and ensure quality work.

3. Willingly accepts and seeks advice and assistance from supervisor(s), experienced staff within the program (e.g., litigation directors) and specialists from other legal advocacy organizations to develop strategies to achieve client’s goals with maximum efficiency and expertise.

4. Informs supervisor about developments in the case, including all significant deadlines for which supervisor needs to be involved.

5. Communicates potential emerging issues and repetitive problems or issues to supervisor and directors of litigation so that appropriate strategies can be developed to address them.

6. Manages time and works with supervisor to manage caseload and other assignments in order to ensure that attorney can meet obligation to represent client competently as described in these performance standards.

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STANDARD GUIDELINES3. Understands and properly applies LSC rules and the rules of any other funder supporting attorney’s work, relating to case acceptance and file documentation.

4. 1Follows proper file maintenance procedures with respect to paper files.

5. Uses case management system (Legal Server) effectively.

6. Uses technology and support staff effectively to increase efficiency.

1. 1Understands LSC rules and applies them appropriately in every case, including eligibility and prohibited case rules.

2. Ensures files contain necessary LSC documentation, including citizenship documentation, fee generating form, retainer, statement of facts, and documentation of legal service provided, where such documentation is required.

3. Ensures that files supported by non-LSC funders contain all required documentation, and participates as necessary to complete reports for such funders.

1. Keeps files organized and secure, with pleadings, research, etc. organized for easy reference.

2. Uses accordion files or other methods to keep larger files organized.

3. Keeps file documents in chronological order, with the most recent on top.

4. 1Ensures completed, signed case closing checklist is in file.

5. Ensures that all forms related to compliance with LSC or other grants are secured on the left-hand side of the paper file.

1. Effectively uses case management system including calendar/tickle features, timekeeping, case profile pages and notes.

2. Knows how to run reports necessary for particular grants, if applicable.

3. Has basic working knowledge of search functions to be able to find information.

4. Enters time contemporaneously by date and in increments of one-tenth of an hour. "Contemporaneously" means at or near the time of the activity recorded, but if that is not possible or practical, then by the end of the work day on which the activity occurs, and if that is not possible or practical, then as soon as possible thereafter.

5. Enters notes contemporaneously and in sufficient detail so that other staff picking up the file can understand case developments and communications with clients and other persons.

6. Properly completes closing screens upon case completion and enters case summary/closing note.

1. Effectively uses technology to support high quality and responsive services, including word processing, Outlook, email listservs, WestlawNext and other research internet resources, and GoToMeeting

2. Works effectively with available support staff to support high quality and responsive services and maximize efficiency by delegating appropriate tasks and not delegating inappropriate tasks (e.g. screening client calls excessively).

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V. ROLE WITHIN THE OFFICE

STANDARD GUIDELINES1. 1Participates actively in sharing the work of the office and supports the needs of co-workers

2. Strives to achieve a positive working environment.

11. Is a dependable, reliable and flexible member of the office.

2. Does his/her fair share of the office’s work and obligations, and regularly volunteers for same, including a fair share of client cases, emergency matters, intake, clinics, and activities such as presentations outside of the office.

3. Regularly shows a willingness to help other staff members, including newer staff members and support staff.

4. Consistently and timely arranges coverage for his/her responsibilities when out of the office.

5. Volunteers to cover for coworkers who are in court, ill, on vacation, working on a major project or otherwise unavailable.

16. Is respectful of others’ time; does not interrupt others inappropriately; arrives at staff meetings on time; provides work to support staff with sufficient time for them to complete the work.

7. Keeps office apprised of his/her whereabouts during working hours.

1. Attorney‘s impact on the office, through attitude and example, is to keep morale high and keep the focus of the office on high quality work to achieve client goals.

2. Consistently maintains a positive attitude towards clients and client issues, and helps other staff maintain a positive attitude.

3. Seeks positive solutions for work with difficult clients and creative solutions for systemic and individual client matters, and encourages and assists others to do the same.

4. Liberally interprets intake priorities and helps guide discussion at case acceptance meetings to focus on impact on client; unless the case is prohibited or clearly beyond office priorities or the expertise of Prairie State as a whole, attorney should not say or suggest “we do not do that kind of case,” but will do what is necessary and appropriate to assist the client.

5. Thoughtfully shares ideas at case acceptance meetings and other staff meetings.

6. Is able to deal with crises, busy periods and unexpected events without becoming unduly ruffled.

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3. Establishes positive working relationships with secretaries and other support staff through thoughtful consideration and demonstration of professional respect and appreciation.

4. Actively participates in program-wide activities.

1. Keeps communication channels open, by discussing basic procedures and routines and the preferences that attorney, secretaries and support staff may have.

2. Learns ways the secretaries/support staff can assist the attorney, and asks the secretary/support staff for help on tasks, as needed or helpful.

3. Keeps the secretaries/support staff as informed as possible about up-coming tasks and deadlines, as much in advance as possible.

4. Provides clear instructions to secretaries/support staff to ensure proper and sufficient completion of tasks assigned to them.

5. Find outs what s/he can do for the secretaries/support staff by asking for feedback on whether there is anything the attorney can do that might make the relationship work well.

6. Provides appropriate and constructive feedback to secretaries/support staff, including appreciation when their efforts were helpful on a task or a project.

1. Is aware of the mission and policies of Prairie State as a whole and acts in conformance with same.

2. Develops working relationships with staff outside his/her own office, is able to call upon those staff for help as needed, and works with those staff to provide high quality services to clients.

3. As appropriate in light of actual experience, serves as a resource for Prairie State staff both within and outside his/her own office, and is willing to be called upon for assistance and input to benefit such staff.

4. Actively participates in one or more task forces and/or working groups; regularly attends meetings of his/her task force/s or work groups; contributes to discussion at those meetings; and as appropriate serves as a presenter, both formally and informally, at task force meetings. Volunteers for task force projects, and completes work on those projects in a timely way.

5. When requested and available, participates in other program-wide activities, such as a committee for a conference, retreat planning, or drafting Prairie State policies.

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VI. OUTSIDE RELATIONS

STANDARD GUIDELINES

1. Is actively involved with the client community and those serving that community.

2. Is active with state or local bar associations, develops relationships with local attorneys and judges and is a positive representative of Prairie State with the bench and private bar.

Plans with Managing Attorney to determine the nature and extent of community involvement, which may include activities where attorney:

1. Has a visible presence in low-income communities served by the office or project, through which attorney gains insight into the range of community issues and the legal problems. This can occur by active engagement with social service agencies, faith-based organizations, and other community/ client groups and civic organizations that serve the low- income community and that are familiar with their needs. Active engagement can take place through participation on boards and advisory committees, attendance at meetings and other community activities, or regular contact with group representatives.

2. Takes an active role in community legal education, for example by organizing legal education events, serving as a presenter at events organized by others, or preparing legal education materials.

3. Takes an active role in ensuring that the client community is aware of Prairie State’s services, for example by organizing or taking part in efforts to publicize PSLS services to client and social services communities.

4. Is aware of area client groups (such as tenant councils, senior groups, homeless or domestic violence groups, HIV or other client support groups) and develops on-going relationships with one or more of them.

5. Builds respectful relationships with community-based organizations that serve culturally diverse client communities.

Plans with Managing Attorney to determine nature and extent of relationship with the private bar, which may include activities where attorney:

1. Is a positive ambassador and projects a positive image for PSLS among attorneys outside the firm, i.e., attorney projects image as a knowledgeable counselor; as hard-working; as an expert in one or more of our fields; as a zealous advocate for our clients; as ethical and respectful of the integrity of the profession; as a problem solver; and as a collegial member of the local bar.

2. Is an active member of the local bar association, meaning that he or she participates to some degree and as appropriate in the activities of that bar association, for example regular and special meetings, if the same take place, and bar committee work.

3. Takes a leadership role within the local bar association, when appropriate given attorney’s other obligations.

4. Develops mentor relationships within the private bar, and has contacts within the private bar to whom he/she can turn with questions that cannot be answered by staff within the office; or serves as mentor to one or more private attorneys.

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STANDARD GUIDELINES

3. Is knowledgeable of the grant and fundraising efforts of the office, and is actively involved therewith as requested or as assigned.

5. Effectively communicates with and collaborates with judiciary, in appropriate circumstances, to address issues impacting the client community.

1. Has a basic familiarity with the sources of revenue for his/her particular Prairie State office and project, as applicable, as well as with program-wide revenue sources.

2. Has a working knowledge of the purposes and scopes of the various grants in his/her local office and of the restrictions on use of those grants.

3. As needed or requested, assists administrative office grant writing staff, project managers and managing attorney with grant application and reporting. Assistance includes proper record keeping, providing case examples and other information for inclusion in grant reports, appearing at grant presentations, and maintaining positive relations with grant funders. Some staff attorneys may also have primary responsibility for reporting on one or more grants.

4. Takes appropriate role in the Campaign for Legal Services, as requested or needed. This may entail actively engaging with non-PSLS attendees at Campaign events, helping recruit Campaign committee members, approaching his/her own contacts for support (for example, law school classmates at large firms, contacts in the local bar), and otherwise assisting Campaign staff.

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VII. PROFESSIONAL DRESS, LANGUAGE AND COMPORTMENT

STANDARD GUIDELINES

1. Is neat in appearance and dresses in a manner consistent with a professional atmosphere in the office, in court and at other locations on PSLS business, keeping in mind the impression made on co-workers, clients, judges, opposing counsel, funders, social service providers, guests in the office, and the general public.

2. Maintains civility in all professional interactions.

1. Consistently comes to work in clothing which is clean and well-kempt.2. Dresses appropriately for court, for other work outside the office, and for office work scheduled on a given day. Appearance is consistent with accepted practice in the local area, projects a professional image that engenders confidence in and respect for Prairie State, and reflects the firm’s respect for the court and for clients.3. Dress does not detract from effectiveness of attorney’s work; for example, dress which leaves the observer thinking about attorney’s attire rather than the attorney’s legal position.

1. Behavior and use of language and tone is appropriate and professional, keeping in mind the impression made on co-workers, clients, judges, opposing counsel, funders, social service providers, guests in the office, and the general public.2. Refrains from use of crass or foul language in court, with clients or guests, or anywhere within the hearing of clients, guests, or other non-Prairie State staff.3. Language and tone does not detract from effectiveness of work, e.g., by leaving the listener thinking about the attorney’s choice of language or tone rather than the attorney’s legal position.

4. Demonstrates awareness of how his or her behavior is perceived by others.

5. Behavior when clients or visitors are in the office is appropriate and considerate; refrains from conversation within earshot of persons in the waiting area; refrains from shouting or loud conversation outside a meeting room.

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