Monday, June 23, 2008

guaranteed right to counsel in civil cases, 2

One thought I had was to make an economic argument to the legislature in the context of federal benefits: guarantee a right to counsel where the loss of the federal benefit (e.g. SSI cessation) would impact the state treasury (e.g. beneficiary will now be more dependent on state funds, etc.) and there's no private bar that would have an economic incentive to take the case (e.g. in SSI cessation cases, when the beneficiary maintains continuing benefits pending appeal, there's no retroactive underpayment from which to withhold attorneys fees...)

Dave

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