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http://www.wsba.org/media/publications/barnews/ethics/jul2-97-ethics.htm Limiting the Scope of Your Representation:Questions of Cost, Candor and Disclosure by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. In a recent article, I discussed some ethical and practical considerations involved in providing your client with only a limited legal representation, concluded that "unbundling" of legal services from the traditional full "bundle" of legal services is ethically permissible, and described some reasons you may want, or be required, to limit your representation and some of the risks associated with limited representation. (See, Althoff, "Limiting the Scope of Your Representation: When Your Client Wants, or Can Afford, Only a Part of You," Washington State Bar News, June 1997.) This article explores some related issues. Under Rule 1.2(a) of the Rules of Professional Conduct ("RPCs"), your client determines the scope and objectives of your representation, but only after the client has consulted you and you have explained any proposed limitations in your representation in a manner that your client can appreciate their significance and has consented to the limitations. Absent such a limiting decision, the "default" scope of representation is, in effect, the "full services" approach. Depending on the nature of the representation, those services would generally include, for example, consultation, legal and factual research, drafting documents or pleadings, negotiation, advocacy, court appearances, and so on. Just as you are obligated to advise your client of appropriate alternatives to litigation, however, you are obligated to discuss with your client the scope of your representation and of alternatives to a "full-service" representation. Full Article: http://www.wsba.org/media/publications/barnews/ethics/jul2-97-ethics.htm


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