Lawyers

While Limited scope representation is not appropriate for every case, there are a variety of ways it can be used. For example, it may be used in the following ways:

• Coaching for court appearances or in preparation for mediation
• Preparing or reviewing legal documents, pleadings, forms
• Providing limited legal advice
• Filing motions and attending the court hearing on the motion
• Representation for the initial case or proceeding or representation on a limited matter
• Reviewing or negotiating a settlement agreement

What is Permissible?

Limited scope representation is specifically contemplated and permitted by the Rules of Professional Conduct. Prof.Cond.R. 1.2(c) provides that you and a client can engage in limited scope representation where “reasonable.” The limitations of representation must be communicated to the client – preferably in writing.

Lawyers providing limited scope representation owe the same duties of competence, diligence, loyalty, promptness, communication, and confidentiality to limited scope representation clients that they owe to full-service clients. As you evaluate a potential limited scope representation engagement, include the following questions in your analysis:

• Am I competent for this engagement? Prof.Cond.R. 1.1 requires lawyers to be competent in the areas of law in which services are being offered. You should not use LSR to explore new areas of law where you have no prior experience.
• Do I have any conflicts that would prevent representation of this client in this matter? The standard conflict check is still required. [Prof.Cond.R. 1.7-1.9]

Exception: There is a special conflict analysis for lawyers providing short-term limited legal services in conjunction with a court or nonprofit organization (i.e., pro bono clinics). See Prof.Cond.R. 6.5.

Questions to consider when determining if limited scope representation is appropriate for a case:¹

• Can this case be divided up into specific steps and tasks that I can separately perform?
• Does the potential client have reasonable expectations about their ability to handle the parts of the case not being undertaken by me?
• Does the potential client possess the ability to understand basic legal terms and follow my instructions?
• Is the potential client able to communicate and speak effectively on their own behalf in court?
• Does the potential client have access to a computer for e-filing and preparing typed documents?
• Does the potential client have a reasonable chance of prevailing if I agree to limited representation?

¹ Akron Bar Association, Limited Scope Toolkit, https://www.akronbar.org/?pg=LimitedScopeToolkit
(accessed May 31, 2023).

Determining Reasonableness
What constitutes "reasonable" will depend on the specific facts of each matter and will not apply to each type of case. For example, while limited scope representation may be appropriate in some domestic relations cases, it will not be reasonable for all.

Reasonableness of the limitation can be determined by examining two factors:

1. Complexity of the Legal Problem:
   • Is the issue substantively, strategically, and procedurally capable of being divided into discrete tasks that can be assigned to either me or the client?
   • Are there complex legal issues requiring a requisite level of legal education and skill?
   • Are the parties clearly identified?
   • Will there be procedural or process hurdles from the outset?
2. Capacity of the Client:
   • Does client have realistic expectations of their own skills and capabilities to perform certain tasks by self representation?
   • Does the client have the mental, physical, and emotional capacity to handle certain stages of the legal matter on their own?
   • Is it likely that the client can appear independently in court/follow instructions from both the court and me?
   • Does the client have the technological skills necessary to meet filing and other requirements?

Comment 7 of Prof.Cond.R. 1.2

The Rules of Civil Procedure
The Rules of Civil Procedure contemplate limited scope representation and provide an avenue to document the beginning and ending of your appearance in the record in Civ.R. 3(B).

• “Notice of Limited Appearance” (Sample): If your role is limited in litigation, you must disclose the scope in this notice. The notice should state that the limited appearance is authorized by the party for whom the appearance was made.
• “Notice of Completion of Limited Appearance” (Sample): Your appearance can then terminate without leave of the court upon this filing, assuming no objection.

Communicating with the client
Prof.Cond.R. 1.4 provides the minimum requirements for a lawyer’s communication with the client. However, you should communicate early, effectively, and often with your client about the nature of the limited scope representation engagement.

The initial client interview is particularly important for you to identify the client’s needs and expectations. This will help the lawyer determine if limited scope representation is appropriate and to explain what limited scope representation means to the client. [See flowchart developed by the State Bar of Michigan to help clients understand the limited scope representation process.] You may find it beneficial to create an intake form that helps identify the key issues, provides reminders to ask specific questions, and memorializes the scope of representation agreed upon.

Ongoing client communication can be effectively managed by using written engagement letters and checklists. These documents work to ensure that the client understands the work that will be performed and has clear expectations from the beginning of the relationship. They also bring to light issues that may not have previously been discussed or thought of by the client and ward off confusion and misunderstanding in the future. Additionally, they help ward off potential claims of malpractice.

Engagement Letters should contain provisions stating:

• You have fully explained the nature and risks of the limited services.
• Your services are “limited by express agreement,” at “the client’s direction” as “specifically delineated by the task checklist.”
• The client has read and understood the provisions defining the scope of the representation.
• The client understands the potential consequences of self-representation.
• The letter should provide for amendment if the client identifies a task or service that is outside of their abilities and for which you have agreed to accept representation.

Checklists are living documents and should be updated regularly to accurately reflect the representation. Your checklist should:

• Divide the matter into discrete tasks.
• Clearly identify who is responsible for the task (lawyer, client, or both).
• Be reviewed on an ongoing basis to identify outstanding tasks and to mark tasks as completed.

Ghostwriting
Ghostwriting occurs when a lawyer drafts or completes a legal document for a client without signing it or otherwise acknowledging that they authored it. Civ.R. 11 does not require a lawyer preparing pleadings for a self-represented litigant to sign nor is there any Ohio case law holding a lawyer responsible for violation of Civ.R. 11 for doing so.

Changing the Scope of Representation
During the engagement, the client may become overwhelmed with or otherwise wish to discontinue the tasks they originally agreed to assume. It is not uncommon for the client to seek to expand the scope of the lawyer’s representation.

If you agree to expand the scope of the engagement, make sure to update both the written agreement and the checklist. The client should acknowledge the changes in writing. (Sample Change of Scope Letter) Make sure to also address any necessary changes to the communication expectations or timeline.

Ending Representation
It is important to document the end of the legal representation to ensure that the client (and the court) fully understands the status of both the matter and your involvement. If you are engaged in litigation, file the Notice of Completion of Limited Appearance.

Communicating with the Court
Lawyers can communicate with the court about the scope of their representation through the Notice of Limited Appearance and the Notice of Completion of Limited Appearance. These filings put the court and the parties on notice that your appearance is limited, while documenting the scope of the representation and the authorization of the client.

Advertising Limited Scope Representation Services
It is likely that potential clients will be unfamiliar with the term “limited scope” or “unbundled legal services.” You may want to utilize your website or informational materials in your office waiting room about limited scope representation. The initial client interview is also an opportunity to explain the advantages and disadvantages of this type of representation. Having a fee schedule may help clients determine the scope of services they need or can afford. Offering limited scope legal services may be a way to grow your practice and increase your client base.

Add your name to lawyer referral lists maintained by your local bar association, legal aid organization, or court of lawyers willing to engage in limited scope representation.

Provisions of Prof.Cond.R. 7.1–7.3 apply to the advertisement of limited scope representation. A lawyer’s advertisements or communications about limited scope representation should:

• Not be false, misleading, or non-verifiable.
• Convey enough information for prospective clients to understand the scope and conditions of the offered services.
• Be clear and accurate about what fees and costs may be charged.
• Avoid using terms like “cut-rate”, “low-cost” or “discount.”