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e-CFR data is current as of March 1, 2021

Title 45Subtitle BChapter XVI → Part 1638

Title 45: Public Welfare


§1638.1   Purpose.
§1638.2   Definitions.
§1638.3   Prohibition.
§1638.4   Permissible activities.
§1638.5   Recipient policies.

Authority: Sec. 504(a)(18), Pub. L. 104-208, 110 Stat. 3009; Pub. L. 104-134, 110 Stat. 1321.

Source: 62 FR 19424, Apr. 21, 1997, unless otherwise noted.

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§1638.1   Purpose.

This part is designed to ensure that recipients and their employees do not solicit clients.

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§1638.2   Definitions.

(a) In-person means a face-to-face encounter or a personal encounter via other means of communication such as a personal letter or telephone call.

(b) Unsolicited advice means advice to obtain counsel or take legal action given by a recipient or its employee to an individual who did not seek the advice and with whom the recipient does not have an attorney-client relationship.

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§1638.3   Prohibition.

(a) Recipients and their employees are prohibited from representing a client as a result of in-person unsolicited advice.

(b) Recipients and their employees are also prohibited from referring to other recipients individuals to whom they have given in-person unsolicited advice.

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§1638.4   Permissible activities.

(a) This part does not prohibit recipients or their employees from providing information regarding legal rights and responsibilities or providing information regarding the recipient's services and intake procedures through community legal education activities such as outreach, public service announcements, maintaining an ongoing presence in a courthouse to provide advice at the invitation of the court, disseminating community legal education publications, and giving presentations to groups that request them.

(b) A recipient may represent an otherwise eligible individual seeking legal assistance from the recipient as a result of information provided as described in §1638.4(a), provided that the request has not resulted from in-person unsolicited advice.

(c) This part does not prohibit representation or referral of clients by recipients pursuant to a statutory or private ombudsman program that provides investigatory and referral services and/or legal assistance on behalf of persons who are unable to seek assistance on their own, including those who are institutionalized or are physically or mentally disabled.

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§1638.5   Recipient policies.

Each recipient shall adopt written policies to implement the requirements of this part.

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