1.
Limited scope representation creates an attorney/client relationship.
2.
Attorneys who assist self-represented litigants with preparing documents in family law matters must disclose their assistance.
3.
Attorneys who appear in court for a limited purpose are making a special appearance.
4.
In determining whether limited scope representation is reasonable under the circumstances, the attorney must carefully analyze the nature of the legal matter—including related issues, the client’s ability to give informed consent and to self-assist, and the nature of the services requested.
5.
Limited scope representation limits the lawyer’s liability for the work he or she does for a client.
6.
The case of <i>Nichols v. Keller</i> holds that attorneys may not offer limited scope representation in workers compensation matters.
7.
Attorneys who appear of record in family law matters must serve and file Judicial Council Form FL-950 in connection with their limited scope court appearances.
8.
Litigants cannot obtain fee awards for payments to attorneys who offer document assistance but do not appear in court.
9.
If the scope of representation changes, a confirming letter from the attorney to the client is insufficient to demonstrate informed consent to the new limitation in scope.
10.
The decision whether unbundling is appropriate in a given matter can be based only on an attorney’s professional judgment after a thorough consideration of all of the circumstances, and cannot be delegated to nonlegal staff.
11.
Attorneys have no duty to check for conflicts before consulting with a potential limited scope client.
12.
The standard of care for limited scope representation is lower than for full-service representation.
13.
A limited scope attorney must coach the client on related legal issues.
14.
Fee agreements must be tailored on a case-by-case basis.
15.
Limitations in scope must be reasonable under the circumstances.
16.
Case law indicates that an attorney who represents a client in a limited scope must also represent him or her on related claims that may affect the client’s substantive rights.
17.
Limited scope representation, or unbundled legal services, commonly includes coaching, drafting pleadings, assisting with strategy— everything short of going to court to represent a client.
18.
Judicial Council Form FI-100, Request for Admissions, was prompted by recommendations included in the Limited Representation Committee of the California Commission on Access to Justice’s <i>Report on Limited Scope Assistance</i>, which
made a number of specific suggestions for facilitating limited scope representation.
19.
Recognizing the flexible nature of the arrangement, it is wiser for attorneys to enter open-ended agreements for services with their limited scope clients than to document changes in the scope of services over time.
20.
Because of the duty to advise clients on related issues, it is wise when practicing limited scope representation to stay within your area of expertise so that you will not miss potential related legal issues.
