Limited Scope Representation Under the Proposed Amendment to C.r.c.p. 121, Section 1-1

• Publication year: 2011
• Pages: 89
• Citation: Vol. 40 No. 11 Pg. 89

40 Colo.Law. 89 Colorado Bar Journal 2011.

2011, November, Pg. 89. Limited Scope Representation Under the Proposed Amendment to C.R.C.P. 121, Section 1-1

The Colorado Lawyer
November 2011
Vol. 40, No. 11 [Page 89]

Departments
Access to Justice

Limited Scope Representation Under the Proposed Amendment to C.R.C.P. 121, § 1-1

by Adam J. Espinosa, Daniel M. Taubman

About the Authors

Adam J. Espinosa is an Assistant Regulation Counsel for the Colorado Supreme Court's Office of Attorney Regulation-(303) 866-6478, a.espinosa@csc.state.co.us. Daniel M. Taubman is a judge on the Colorado Court of Appeals. He has been on the bench since 1993-(303) 837-3719, daniel.taubman@judicial.state.co.us.

An article in the September 2011 issue of The Colorado Lawyer(fn1) addressed the need for limited representation of clients in Colorado courts and the ethical considerations when providing "unbundled legal services." Unbundled legal services, a term increasingly known as limited scope representation, means an attorney is providing less than the full scope of legal services to a client during the course of the representation. C.R.C.P. 11(b) and Colo. RPC 1.2(c) expressly permit limited scope representation. This article addresses practical considerations for attorneys providing limited scope representation related to the Colorado Supreme Court's proposed amendment to C.R.C.P. 121, § 1-1.

Proposed Amendment

This summer, the Colorado Supreme Court proposed an amendment to C.R.C.P. 121, § 1-1, that would allow for automatic withdrawal for attorneys providing limited scope representation to clients.(fn2) The proposed amendment would add a new paragraph five to C.R.C.P. 121, § 1-1, and would read as follows:

5. Notice of Limited Representation Appearance and Withdrawal as Attorney for Pro Se Party.

In accordance with C.R.C.P. 11(b), an attorney may undertake to provide limited representation to a pro se party involved in a court proceeding. Upon the request of and with the consent of a pro se party, an attorney may make a limited appearance for the pro se party in one or more specified proceedings, if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the proceeding(s) for which the attorney appears. At the conclusion of such proceeding(s) the attorney's role terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. Service on an attorney who makes a limited appearance for a party shall be valid only in connection with...