An Online Meeting and Learning Place for Virtual Law Firms
Limited Legal Services in Illinois
Adopted July 1, 2009, effective January 1, 2010, under the Illinois Rules of Conduct, Rule 1.2(c) (Scope of Representation and Allocation of Authority between Client and Lawyer) a lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent.
The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer’s services are made available to the client. When a lawyer has been retained by an insurer to represent an insured, for example, the representation may be limited to matters related to the insurance coverage. A limited representation may be appropriate because the client has limited objectives for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client’s objectives. Such limitations may exclude actions that the client thinks are too costly or that the lawyer regards as repugnant or imprudent.
Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although 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. See Rule 1.1 (Competence).
All agreements concerning a lawyer’s representation of a client must accord with the Rules of Professional Conduct and other law. See, e.g., Rules 1.1 (Competence), 1.8 (Conflicts of Interest) and 5.6 (Restrictions on Right to Practice).
See generally: http://www.state.il.us/court/SupremeCourt/Rules/Art_VIII/ArtVIII_NE...
Rule 6.5 (Nonprofit and Court-Annexed Limited Legal Service Programs)
Adopted July 1, 2009, effective January 1, 2010, a lawyer who, under the auspices of a program sponsored by a nonprofit organization or a court, provides short-term limited legal services to a client without expectation by either the client or the lawyer that the lawyer will provide continuing representation in the matter is subject to Rules 1.7 and 1.9(a) (conflicts of interest) only if the lawyer knows that the representation of the client involves a conflict of interest, and is subject to Rule 1.10 only if the lawyer knows another lawyer in the same firm is disqualified by Rule 1.7 or 1.9(a) regarding the matter.
Legal services organizations, courts and various nonprofit organizations have established programs through which lawyers provide short-term limited legal services–such as advice or the completion of legal forms–that will assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics or pro se counseling programs, a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation. Such programs are normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 1.7, 1.9 and 1.10.
A lawyer who provides short-term limited legal services pursuant to this Rule must secure the client’s informed consent to the limited scope of the representation. See Rule 1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this Rule, the Rules of Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to the limited representation.
If, after commencing a short-term limited representation in accordance with this Rule, a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 1.7, 1.9(a) and 1.10 become applicable.
The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer’s services are made available to the client. When a lawyer has been retained by an insurer to represent an insured, for example, the representation may be limited to matters related to the insurance coverage. A limited representation may be appropriate because the client has limited objectives for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client’s objectives. Such limitations may exclude actions that the client thinks are too costly or that the lawyer regards as repugnant or imprudent.
Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although 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. See Rule 1.1 (Competence).
All agreements concerning a lawyer’s representation of a client must accord with the Rules of Professional Conduct and other law. See, e.g., Rules 1.1 (Competence), 1.8 (Conflicts of Interest) and 5.6 (Restrictions on Right to Practice).
See generally: http://www.state.il.us/court/SupremeCourt/Rules/Art_VIII/ArtVIII_NE...
Rule 6.5 (Nonprofit and Court-Annexed Limited Legal Service Programs)
Adopted July 1, 2009, effective January 1, 2010, a lawyer who, under the auspices of a program sponsored by a nonprofit organization or a court, provides short-term limited legal services to a client without expectation by either the client or the lawyer that the lawyer will provide continuing representation in the matter is subject to Rules 1.7 and 1.9(a) (conflicts of interest) only if the lawyer knows that the representation of the client involves a conflict of interest, and is subject to Rule 1.10 only if the lawyer knows another lawyer in the same firm is disqualified by Rule 1.7 or 1.9(a) regarding the matter.
Legal services organizations, courts and various nonprofit organizations have established programs through which lawyers provide short-term limited legal services–such as advice or the completion of legal forms–that will assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics or pro se counseling programs, a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation. Such programs are normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 1.7, 1.9 and 1.10.
A lawyer who provides short-term limited legal services pursuant to this Rule must secure the client’s informed consent to the limited scope of the representation. See Rule 1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this Rule, the Rules of Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to the limited representation.
If, after commencing a short-term limited representation in accordance with this Rule, a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 1.7, 1.9(a) and 1.10 become applicable.
Tags: Illinois, Unbundling Legal Services in Illinois, pro, representation, se
© 2012 Created by Richard Granat.
