CBA Record November 2017

18 / 52

New Resources Help Lawyers Build Business and Increase
Access to Justice by Providing Limited Scope Representation
Chicago Bar Foundation
Report
By Samira Nazem, CBF Director
of Pro Bono & Court Advocacy,
and Jessica Bednarz, CBF JEP
Director of Innovation & Training
T he mantra of lawyers has long been
“in for a penny, in for a pound.”
However, in 2013 a series of rule
changes clarified the rules for “unbundling”
and created new opportunities for lawyers
to proverbially be “in for penny” by limit-
ing the scope of their representation to
discrete tasks, discrete issues, or discrete
court appearances within an ongoing legal
matter. Limited scope representation, often
referred to as “unbundling” or “a la carte
legal services,” allows lawyers to help poten-
tial clients for only a portion of a case, so
long as the agreement is reasonable under
the circumstances and the client has given
informed consent. Using these rules, law-
yers can focus their representation on the
most important or most complex parts of a
case, while their client handles the simpler
matters independently.
Limited scope representation is an
umbrella term that encompasses a variety
of legal services, both inside and outside
the courtroom. Some examples of limited
scope representation include:
• Preparing or reviewing a court docu-
ment for a self-represented litigant;
• Coaching a self-represented litigant to
appear in court independently;
• Drafting a demand letter or response
letter;
• Offering brief legal advice on how to
pursue a legal claim;
• Negotiating or reviewing a proposed
settlement agreement; and
• Appearing in court on one specific date
while the litigant is self-represented for
all other court dates.
To read the rules governing limited scope
representation or to access standardized
court forms for filing and withdrawing lim-
ited scope appearances, visit: http://www.
illinoiscourts.gov/CivilJustice/Resources/
Attorneys/Limited_Scope_Rules.asp
Increasing Access to Justice
One driving force behind the recent rule
changes is a growing crisis that has taken
place in the Illinois state courts over the last
several years. The number of unrepresented
litigants across the state has grown, and
hundreds of thousands of litigants now
appear in court without an attorney every
year. Nearly two-thirds of defendants in
civil matters are unrepresented, and for
some types of cases, that number exceeds
ninety percent. The large volume of self-
represented litigants poses challenges for
both courts and litigants alike. While
some are “DIY litigants” who prefer to go
it alone, the majority of unrepresented liti-
gants would rather have an attorney—they
simply can’t find or can’t afford one.
It is not just the poorest Illinois residents
who find themselves self-represented in
court; working and middle-class families
are increasingly struggling to find afford-
able legal representation. Many of these
families earn too much to qualify for
already overstretched pro bono and legal
aid resources available and too little to
retain an attorney for the entirety of the
case, leaving them with no choice but to
represent themselves in court. Limited
scope representation can be a big part of
the solution for the significant numbers of
families facing legal problems but lacking
the resources necessary to hire a private
attorney for the entirety of the case.
Creating Business Opportunities
Recent reports have shown there is a
huge untapped demand for limited scope
representation, and yet the practice is
largely ignored by private attorneys. This
is a missed opportunity for a rare win-win
arrangement that can benefit both clients
and attorneys. For clients, limited scope
offers predictability when paired with fixed
fees; empowerment through choice and
teamwork; and accessibility for those cli-
ents who have limited funds to dedicate to
legal services. For attorneys, limited scope
representation offers flexibility, control,
The CBA is now accepting applications for the
Limited Scope Panel from attorneys in these
three areas of law. If you have questions or are
interested in applying, contact Samira Nazemat
for more information.
18 NOVEMBER 2017