9.2.17.7
Definitions:
- A. A “fee generating case” includes any matter which, if undertaken by a private legal practitioner on behalf of a client, could reasonably be expected to result in an awarded legal fee directly payable out of the amount awarded the client from the opposing parties, or from public funds.
- B. “Legal assistance” means legal advice, education and representation provided by an attorney to older individuals with economic or social needs; and includes, to the extent feasible, counseling or other appropriate assistance provided by a paralegal or law student under the direct supervision of a licensed attorney; and counseling and representation provided by a non-lawyer where permitted by law.
- C. “Legal assistance providers” are those who, pursuant to the Older Americans Act, Title III B, provide services, legal assistance and other counseling services and assistance.
- D. “Means test” is defined as the use of an older individual’s income or resources to deny or limit that individual’s receipt of services.
[9.2.17.7 NMAC - Rp, SAA Rule No. 95-17.7, 6/30/2015]