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Limited scope representation - PowerPoint Presentation

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Limited scope representation - PPT Presentation

What judges need to know about unbundling What is unbundling Limited scope representation unbundling is occurs when an attorney and a client agree that the attorney will perform some but not all aspects of a legal ID: 648803

unbundling court limited attorney court unbundling attorney limited scope colorado appearance representation colo judges lawyers rules judicial party district

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Slide1

Limited scope representation

What judges need to know

about

unbundling Slide2

What is unbundling?

Limited scope representation (unbundling) is occurs when

an attorney and a client agree that the attorney will perform some, but not all, aspects of a legal

matter

.

Slide3

Types of Unbundling

Discrete Task or Ghostwriting: when an attorney provides consultation and legal advice, document review, or ghostwriting (drafting). Colo. RPC 1.2(c) C.R.C.P.

11 and

C.R.C.P.

311

Limited Appearance:

when an attorney

enters

an appearance on behalf of a client in court or at mediation.

C.R.C.P.

121

Slide4

Discipline or Malpractice

Unbundling not seen as problem:Office of Attorney Regulation

National

Organization of Bar Counsel (NOBC

).

Malpractice

CarriersSlide5

Need for unbundling burden on judges and court staff

Number self-represented litigants (FY 2015)

69,951

parties in DR cases in

CO

75

%

parties did not have attorney enter appearance

Respondents in

DR, District Civil, and County

Civil

89%

parties did not have attorney enter appearanceSlide6

Need for unbundling burden on judges and court staff

Self-represented litigantsUniformed

Unprepared

Overwhelmed

Judges and court staff (including

sherlocks

) can’t provide legal adviceSlide7

Need for Unbundling For attorneys and clients

Cost for full-service legal representationGrowing demand by the client for control over their legal issues

Changing practice of lawSlide8

Rules

Colo. RPC 1.2(c) and Colo. RPC 1.0(e)

= permission to unbundle

C.R.C.P

. 11(b) and 311(b

): Pleadings

C.R.C.P

. 121, § 1-1(5

): Court appearance

C.A.R. 5(e

): Colorado appellate rule

D.C.Colo.Latty

R2 and R5: US District CourtSlide9

Colorado rules of professional conduct

Colo. RPC 1.2(c)

Permits

limited scope representation

Reasonable

under the circumstances.

Informed

consent

of client.

Agreement should be in

writing

,

signed by both parties.Slide10

Informed consent

"Informed consent"

agreement

by a person to a proposed course of conduct

after

the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Colo. RPC 1.0 (e) Slide11

Drafting Pleadings (

Ghostwriting) Ghostwritten

pleadings must comply with C.R.C.P. 11(b) and 311(b):

Must include name, address, telephone

#

and bar

#

Certify

that the pleading or paper is:

Well grounded in fact based on reasonable inquiry.

Warranted by existing law or a good faith argument for extension.

Is

not

made for an improper purpose

, or to

harass, delay,

etc.

Exception

for pre-printed

judicial (JDF) forms

Not an

entry of

appearanceSlide12

Colorado rules of civil procedure 121 §1-1(5)

Limited

representation of a pro se party in a court

proceeding at the request

AND

with consent of client.

File notice

of limited appearance

prior to or simultaneous with

proceeding

. (JDF 630, 1334/1335)

Attorneys

role terminates

without leave of court

and upon filing a notice of completion

.

(JDF

632, 642, 1336)Slide13

Colorado rules of professional conduct

Limiting scope ≠ limiting obligations under Rules of Professional Conduct or Rules of Civil Procedure

Limited scope

=

Attorney/client relationship Slide14

Colorado appellate rule 5(e)

C.A.R. 5(e): limited scope representation inthe

Colorado Court of Appeals and Colorado Supreme

Court:

request

and with the consent

of a pro se

party,

terminates

without the necessity of leave of court

,

upon

the attorney filing a notice of completion of limited appearance. Slide15

United states district courtfor the district of

Colorado D.C.Colo.LAttyR5 (a)(2

):

Unbundling is allowed when

there is a

court order granting permission

.

the scope of limited representation must be defined in motion and any change to scope must be approved again by court.

Unbundling lawyer

must file a motion to withdraw

after completing limited representationSlide16

United States District court for the district of Colorado

D.C.Colo.LAttyR5 (a

)(3): entry of appearance or initial pleading must contain:

the identity of the party for whom the appearance is made;

the

firm name, office address, telephone number, and primary CM/ECF e-mail address of the attorney; and

the

certification of the attorney that the attorney is a member in good standing of the bar of this court

.Slide17

Judicial Leadership on unbundling

Securing access to justice is a fundamental goal and responsibility of judicial leadership. Judicial support is absolutely essential for unbundled legal services to take hold.

Unbundling has been increasingly used and accepted in the last several decades.

Unbundling

can increase the number of prepared litigants and result in more available docket, court staff, and judge time.Slide18

Judicial Leadership on Unbundling

Colorado Supreme Court supports unbundling

A

ssure lawyers that the court will allow lawyers to withdraw after completion of limited scope representation.

Refer lawyers to the court approved forms

Educate

the public about the availability of unbundling

.

Educate court staff about unbundlingSlide19

Judicial Leadership on Unbundling

Work with CBA’s

Modern Law Practice Initiative to

schedule an unbundling presentation in your area, including one specifically geared to young lawyers.

Work with local bar associations and local access to justice committees to develop

lists

of lawyers offering unbundled

services, including encouraging use of CBA’s Find-a-Lawyer.

Encourage self-represented

l

itigant

c

oordinators

(

sherlocks

) and family court facilitators,

when appropriate, to refer self-represented litigants to lawyers providing unbundled services

.Slide20

Tips for judges from judges

Communication by judgeWith pro se party?With limited scope attorney?Judge must clarify scope of limited representation with pro se party and attorney

Judge must ensure notices of hearing, decisions, etc., are sent to correct

partySlide21

Tips for judges from judges

Communication with attorney providing full representationEnsure he or she knows scope of limited representationOpposing attorney must communicate with limited scope attorney on issues of limited representationOpposing attorney must communicate with pro se attorney regarding other issues.Slide22

Discussion

What is going well with unbundling?What is not going well with unbundling?