1. Limited Scope Representation

2. What is Limited Scope Representation
Attorney limits the representation to agreed upon tasks
Each task has a fee for service payment
May be called unbundling legal services
Can be legal advice or document production

3. What it’s NOT Limited liability Unethical
Not every case is conducive to LSR
Just for poor people

4. Reasons for LSR Allows access to justice Helps pro se litigants
Helps litigants that have low to moderate income obtain legal services for specific tasks
Access to information

5. Effects of Increased Pro se Litigants
Court spends increased amount of time with pro se litigants
Pro se litigants do not understand process and become frustrated with the Court
Economic pressures of dealing with pro se litigants

6. Benefits Can help reduce costs of legal services
Increased access to legal services
Can help in reducing the number of pro se litigants
Provides attorneys a method to increase client base

7. Rule 1.2 (d) Rule 1.2 (d) authorizes limited scope representation
Allows attorneys to limit the scope of representation if:
The limitation is reasonable, and
The client gives informed consent after full disclosure, and
The disclosure and consent is in writing

8. Informed Consent
The attorney must communicate adequate information and explain to the client in a manner the client can reasonably understand the scope of the agreement
Must have a written agreement

9. Ethical Duties to the Client
Ethical duties to the client remain essentially the same
Must maintain duty of confidentiality
Not to communicate with another represented party
Must avoid conflicts of interest and run conflict checks

10. Rule 1.1
An attorney shall provide competent and diligent representation
Must determine if limited scope representation is appropriate for the case
Competence means the knowledge, skill, thoroughness, and preparation reasonably necessary for the Limited Scope Representation

11. Ghostwriting Rule allows limited scope document production
The attorney must sign the document and disclose his or her identity on the pleading.
The Pro Se Litigant should also sign the pleading pro se so it is clear that individual is self representing

12. Limited Scope in Civil Proceedings
Attorney must file entry of limited appearance
Pro se must also file a pro se appearance in the case
Entry of Limited Appearance must state precisely the court event to which the Limited appearance pertains

13. How do you notify the Court once you have completed the task?
Attorney must file a Notice of Withdrawal of Limited Appearance
No formal motion to withdraw is required
Must certify the task was completed and notice given to the client

14. Can the Scope of the Limited Appearance be extended?
The Rules allow the scope to be extended.
Must have new written agreement and obtain the client’s informed consent.
Must file new Entry of Limited Appearance

15. Rule 4.2 Communications
Counsel must communicate with the opposing party only about matters outside the scope of the limited appearance
Sometimes it may not be clear- what to do?

16. Rule 4.3
Rule 4.3 states that otherwise unrepresented client for whom an Entry of Limited Appearance has been filed pursuant to Rule 1.2 is considered to be unrepresented for the purposes of this Rule unless the opposing lawyer has been served with notice of the limited appearance….

17. Rule 6.5
Rule for provision of limited legal services through a non-profit legal services program