Limited Scope Representation Comes To Travis County

By Phil Friday, Friday, Friday & Kazen

What is "Limited Scope Representation"¹? Limited scope representation is the concept of providing only specified legal services to a client, rather than handling all aspects of a client's case. For example, in a divorce case, an attorney might agree only to draft documents, or to act only as a consultant, leaving the client responsible for all other aspects of the case.

Why is it a good thing? The cost of legal services has risen significantly over the last several decades. Many potential clients simply believe they can no longer afford to hire a lawyer. As a result, more and more litigants are seeking to represent themselves.  

• For Clients. Limited scope representation will reduce the cost of legal assistance. More middle- and low-income clients will be able to afford legal help. Clients who might otherwise act pro se may decide to hire counsel for specific services.
• For Lawyers. Lawyers stand to gain from an expanded market of persons who would be able to afford some legal assistance.
• For Judges. The number of pro se litigants may decrease, thereby increasing judicial efficiency. Additionally, more lawyer involvement will improve the enforceability of orders inasmuch as orders prepared pro se are often unenforceable.

Is limited scope representation ethical? Yes. Texas Disciplinary Rule of Professional Conduct 1.02(b) states, "A lawyer may limit the scope, objectives and general methods of the representation if the client consents after consultation."

Is limited scope representation covered by malpractice insurance? Yes. The Texas Lawyers' Insurance Exchange has advised that there should be no problem with insurance coverage. However, participating lawyers should verify this with your carrier.

Is limited scope representation recognized by the Travis County District Bench? Yes. The concept has been discussed by the District Judges. The judges recognize this trend in legal representation and understand its implications for the practice of law.

Are there pitfalls, and can they be avoided? Some potential problems exist, but most of them can be avoided by scrupulous use of a written agreement. Written contracts are absolutely essential for several reasons:

• Unrealistic client expectations. A typical client will not understand all the steps involved in a case. Regardless of what the client may initially ask the lawyer to do, it is important to discuss all aspects of a case. The lawyer should explain what aspects may require specific technical knowledge, and the lawyer should be realistic in deciding on the apportionment of tasks with the client. The written contract must specify clearly the tasks and issues for which the lawyer will be responsible.
• Liability. A carefully-prepared written contract should minimize the risk of liability. If the lawyer agrees to take on additional tasks during the course of a case, written amendments should be added to the contract.
• Withdrawing as counsel. Unless a lawyer makes a formal appearance (e.g., by signing a pleading or appearing in Court), it will not be necessary for the lawyer to seek an order permitting withdrawal. If a lawyer does make a formal appearance, it will remain her/his responsibility to file a formal Motion to Withdraw when services have been completed. Notice must be given to the client and opposing counsel as required under the Rules. If a lawyer fails to follow the proper procedure for seeking withdrawal, he/she runs the risks of not being permitted to withdraw as counsel.           

How can I learn more? On March 18, the Lawyer Referral Service of Central Texas will present a four-hour training session on limited scope representation. The training will be presented via live web-cast by Judge Sue Talia, nationally-recognized expert on the subject. CLE credit has been requested from the State Bar. The session will be held in the Commissioners' Courtroom on the first floor of the Granger Building at 11^th and Guadalupe, beginning at 11:00 a.m. and ending at 2:30 p.m. Lunch will be provided. The cost is $5.00 per person. Reservations may be made by e-mailing leslie@austinbar.org or contacting Lawyer Referral Service at 472-1311. The training can also be accessed online at http://www.pli.edu/product/seminar_detail.asp?id=54230.

As part of the training, a standard contract for limited scope representation will be made available.

Additional information may be found on the following Web sites:

www.zorza.net/resources/Ethics/most-TOC.html

http://www.unbundledlaw.org/

www.cccba.org/comm/unbundling.htm

www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/faq_courtandlawyer.pdf

Are there resources to help me begin to offer limited scope representation? Limited scope fee agreements will be available through the Lawyer Referral Service of Central Texas. The Lawyer Referral Service will offer referrals of limited scope cases to family law practitioners. To be eligible for these referrals, lawyers must be members of the Lawyer Referral Service and attend a training session.

The above article may or may not represent the opinions of the Austin Bar Association. Limited scope representation is not an Austin Bar Association project. The Lawyer Referral Service of Central Texas is working with attorney Phil Friday, Judge Lora Livingston, and others to educate lawyers and the public about the availability of limited scope representation.