Ethics experts offer primer on limited representation
With legal services unaffordable for thousands of litigants, many attorneys
limit the scope of their representation to specific tasks, providing clients
with much-needed expertise and reducing the burden pro pers place on the courts.
However, such “limited scope” representation can pose ethical pitfalls
for lawyers.
According to ethics experts, lawyers who offer such services must ask the client
the right questions, identify the issues, make necessary disclosures and develop
procedures to facilitate the proper handling of the matter. To help them do
that, the State Bar Committee on Professional Responsibility and Conduct has
issued a primer on the ethics of limited scope representation.
The primer spells out the nature of the fee agreement in limited scope representation,
as well as four particular attorney duties: competence, avoiding prejudice to
the client’s interest upon withdrawal, loyalty and confidentiality, and
the duty to the administration of justice.
The primer recommends that all attorneys considering or engaging in limited
scope representation determine whether their practice area can accommodate limited
representation on particular matters and if so, they should establish procedures
that reduce the cost of representation and foster compliance with the lawyer’s
duties.
The primer can be found at http://www.calbar.ca.gov/ethics.
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