CourTopics Index
 

Access and Fairness
Self-Representation
Unbundling Rules
State Links



Alaska

Alaska Court Rules of Professional Conduct. Rule 1.2, Scope of Representation. Includes limited-scope representation rules and rules about clients that expect out-of-scope representation.

 

Arizona

17A A.R.S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, ER 1.2c. “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.”  Note: One must fill out a brief online form to access the rules. 

 

California

California Rules of Court, Rule 5.70. Deals with nondisclosure of attorney assistance in preparation of court documents. Permits a lawyer to draft pleadings in family law matters without disclosure.

California Rules of Court, Rule 5,71, Application to be Relieved as Counsel upon Completion of Limited Scope Representation. Details the procedure governing limited appearances in family law matters.

 

Colorado Colorado Rules of Civil Procedure and Rules of Professional Conduct enabling unbundled services.

a) C.R.C.P. 11, requiring lawyers who prepare pleadings in limited representation to sign them.

b) C.R.C.P. 121, clarifying that the preparation of pleadings does not constitute an appearance.

c) RPC 1.2, clarifying that a lawyer may ethically provide limited services.

d) RPC 4.2 and 4.3, creating a presumption that a party receiving limited services is unrepresented insofar as communications with the party are concerned.

 

Delaware

Delaware Lawyer Rules of Professional Conduct, Rule 1.2, Scope of Representation. Although this rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances.

 

Florida

Florida Rule of Professional Conduct 4-1.2(c). Explicitly permits limited representation, but consent must be in writing.

Florida Rule of Professional Conduct 4-4.2(b). Establishes the presumption that a self-represented party is unrepresented unless notified to the contrary in writing.

 

Georgia Georgia Rules of Professional Conduct, Rule 1.2, Scope of Representation. An agreement concerning the scope of representation must accord with the Rules of Professional Conduct and other law. Thus, the client may not be asked to agree to representation so limited in scope as to violate Rule 1.1: Competence, or to surrender the right to terminate the lawyer's services or the right to settle litigation that the lawyer might wish to continue. The agreement should be in writing.
 

Hawaii

Hawai'i Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Idaho

Idaho State Bar Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Illinois

Illinois Supreme Court Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Indiana

Indiana Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Kansas Kansas Supreme Court Rules of Professional Conduct, Rule 1.2, Scope of Representation
 

Kentucky

Kentucky Rules of Court SCR 3.130(1.2), Scope of Representation.

 

Louisiana

Louisiana Supreme Court Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Maine

Maine Bar Rules enabling unbundled legal services include:

a) Maine Bar Rule 3.4(i), explicitly allowing limited representation and allowing a lawyer to file a limited appearance if the client consents in writing;

b) Maine Bar Rule 3.5(a)(4) and 3.6(a)(2), clarifying limited representation;

c) Maine Bar Rule 3.6(f), permitting opposing counsel to communicate with assisted pro se client unless unbundling attorney notifies opposing attorney of representation;

d) Maine Bar Rule 3.4(j), for nonprofit and legal service programs, imputed conflicts issue only if attorney knows of conflict;

e) Attachment A to Maine Bar Rule 3.4(i), Limited Representation Agreement.

Maine Rules of Civil Procedure enabling unbundled legal services include:

a) Maine Rule of Civil Procedure 5 governing service;

b) Maine Rule of Civil Procedure 11 governing the signing of pleadings;

c) Maine Rule of Civil Procedure 89(a) governing the withdrawal of attorneys.

 

Maryland

Maryland Rules of Professional Conduct, Rule 1.2, Scope of Representation.  Although this rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances.

 

Massachusetts

Massachusetts Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Michigan

Michigan Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Minnesota

Minnesota Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Mississippi

Mississippi Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Montana

Montana Rules of Professional Conduct, Rule 1.2, Scope of Representation.  A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

 

Nebraska

Nebraska Rules of Professional Conduct, Rule 1.2, Scope of RepresentationAlthough an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

 

Nevada

Rules of Practice of the Eighth Judicial District Court of the State of Nevada, Rule 5.28. Requires signed pleadings and a notice of the limited representation to the court and governs the procedure for withdrawal.

 

New Hampshire

New Hampshire Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

New Mexico

Rules 16-102 and 16-303 NMRA, Scope of Representation and Candor Toward the Tribunal.

 

North Carolina

North Carolina Rules of Professional Conduct, Rule 1.2, Scope of Representation. Does not require written consent for limited-scope representation.

 

North Dakota

North Dakota Supreme Court Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Oklahoma

Oklahoma Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Pennsylvania

Pennsylvania Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Rhode Island

Rhode Island Supreme Court Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

South Carolina

South Carolina Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

South Dakota

South Dakota Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Tennessee

Tennessee Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Texas

Texas Rules of Professional Conduct, Rule 1.02, Scope of Representation.  “A lawyer should carry through to conclusion all matters undertaken for a client. If a lawyer’s representation is limited to a specific matter or matters, the relationship terminates when the matter has been resolved. If a lawyer has represented a client over a substantial period in a variety of matters, the client may sometimes assume that the lawyer will continue to serve on a continuing basis unless the lawyer gives notice to the contrary. Doubt about whether a client-lawyer relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the clients affairs when the lawyer has ceased to do so. For example, if a lawyer has handled a judicial or administrative proceeding that produced a result adverse to the client but has not been specifically instructed concerning pursuit of an appeal, the lawyer should advise the client of the possibility of appeal before relinquishing responsibility for the matter.”

 

Utah

Utah Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Virginia

Virginia Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Washington

Washington Rules of Professional Conduct governing unbundling include:

a) RPC 1.2(c), permitting the limited scope of representation with consent;

b) RPC 4.2(b), creating a presumption that a person is unrepresented unless opposing party is notified otherwise;

c) RPC 4.3(b), creating a presumption that a person is unrepresented unless opposing party is notified otherwise;

d) RPC 6.5, governing the responsibility to determine conflicts in nonprofit and court-annexed limited-service programs.

Washington Civil Rules and Washington Civil Rules of Limited Jurisdiction governing unbundling include:

a) CR 4.2, expressly permitting limited entry of appearance;

b) CRLJ 4.2, governing limited appearances;

c) CR 11, permitting a lawyer who assists with drafting to rely on the self-represented party's representation of facts;

d) CRLJ 11, permitting a lawyer who assists with drafting to rely on the self-represented party's representation of facts;

e) CR 70.1, expressly allowing limited appearances in litigation;

f) CRLJ 70.1, expressly allowing limited appearances in litigation.

 

West Virginia

West Virginia Rules of Professional Conduct, Rule 1.2, Scope of Representation.

 

Wyoming

Wyoming Rules of Professional Conduct 1.1, 1.2(c), and 6.5. Govern unbundled legal services.

Appendix to Rule 1.2, Provides an approved notice to clients and consent form.

 

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