73 The Alabama Lawyer 262 (2012). Alabama's New Limited-Scope Representation Rules.

• Author: By Henry A. Callaway

Alabama Bar Journal

2012.

73 The Alabama Lawyer 262 (2012).

Alabama's New Limited-Scope Representation Rules

Alabama's New Limited-Scope Representation RulesBy Henry A. CallawayOn March 26th, the Alabama Supreme Court

adopted changes to the Rules of Civil Procedure and the Rules of Professional Conduct that establish procedures for limited-scope representation (LSR). Sometimes called "unbundling," limited-scope representation allows the client and his/her lawyer to agree that the lawyer will provide limited services, representing the client only in a certain area or task rather than representing the client for the entire scope of the legal matter. Limited-scope representation can take place either out-of-court, such as drafting of pleadings or trial preparation, or in-court, such as appearing at a specific hearing.

LSR has always been permissible under Rule of Professional Conduct 1.2, and the Alabama State Bar's General Counsel's office issued an opinion in 2010 that it was permissible for a lawyer to draft court pleadings without signing them or revealing his or her involvement to the court. [Alabama State Bar Formal Opinion 2010-01.] However, because there were no procedures as to how to do LSR, until now it has not been used much in Alabama.

The new rules regulate and codify how limited-scope representation should take place-for the benefit of clients, lawyers and the courts. The Alabama State Bar Pro Bono Committee, which drafted the rules, believes that the new rules will create a "win-win" situation for everyone: the clients get legal help they could not otherwise have afforded, lawyers earn fees they would not otherwise have received and the courts benefit from better pleadings and better-prepared litigants.

The new LSR rule also provides an opportunity to expand your law practice. In other states which have adopted LSR rules, lawyers have profitably marketed an LSR practice to potential middle-income clients who would otherwise not be able to pay full freight. This is especially true in the area of family law, where motions regarding child support, visitation and custody are suitable for both in-court and out-of-court limited-scope representation. A 2005 Alabama State Bar task force found that only 20 percent of circuit court domestic relations cases and only six percent of child support cases in Alabama had...