Alabama
Alabama Rule of Professional Conduct 1.1 permits limited scope representation.
Alabama Rule of Professional Conduct 1.2 governs the responsibility to put limited scope representation agreements in writing.
Alabama Rules of Professional Conduct 4.2 and 4.3 governs notice requirements to opposing attorneys in limited scope representation contexts.
Alabama Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Alabama Rule of Civil Procedure 11 establishes procedures for preparing pleadings in the limited scope representation context.
Alabama Rule of Civil Procedure 87 details the procedures for establishing and completing limited scope representation.
Alaska
Alaska Rule of Professional Conduct 1.2(c) expressly permits limited representation and governs communication between opposing counsel and self-represented client.
Alaska Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Alaska Rule of Civil Procedure 81 governs limited appearances and includes:
- Rule 81(d) expressly permitting limited appearances in non-criminal cases as long as the attorney files and serves an entry of appearance with the court and all parties of record before or during the initial proceeding and the entry of appearance clearly identifies the limitation; and
- Rule 81(e)(D) allowing an attorney to withdraw from a limited appearance, without court action or approval, by filing a notice with the court, served on all parties of record, indicating that the representation has ended.
Arizona
Arizona Ethics Rule 1.2 governs limited scope representation.
Arizona Ethics Rule 1.5(b) governs requirements for communicating fees and expenses for lawyers who provide short-term limited legal services to a client pursuant to ER 6.5
Arizona Ethics Rules 4.2 and 4.3 govern notice requirements to opposing attorneys in limited scope representation contexts.
Arizona Ethics Rule 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Arizona Rule of Civil Procedure 5.1(c) permits an attorney to enter a limited appearance by filing and serving a Notice of Limited Scope Representation. It requires an attorney to file a Notice of Withdrawal signed by both the attorney and the client to withdraw representation or, if the client does not consent, a motion to withdraw.
Arizona Rule of Civil Procedure 5.2 governs limited appearances in vulnerable adult exploitation actions and includes:
- Rule 5.2(a) expressly allowing limited appearances by filing a Notice of Limited Scope Representation that states that the client and attorney have a written agreement and that specifies the matter or issues for which the attorney will represent the party; and
- Rule 5.2(b) allowing service on an attorney, once a limited appearance has been filed, for all matters without extending the attorney’s responsibility in the case and clarifying that nothing in the rule limits an attorney from providing limited scope representation without appearing of record in judicial proceedings; and
- Rule 5.2(c) permitting an attorney to withdraw from completed representation by filing either a Notice of Withdrawal with Consent or by motion and court order.
Arizona Rule of Civil Procedure 11(a) establishes procedures for preparing pleadings in the limited scope representation context.
Arizona Rule of Family Law Procedure 9(B) governs limited appearances and includes:
- Rule 9(B)(1) expressly allowing limited appearances by filing a Notice of Limited Scope Representation that states that the client and attorney have a written agreement and that specifies the matter or issues for which the attorney will represent the party; allowing service on an attorney, once a limited appearance has been filed, for all matters without extending the attorney’s responsibility in the case; and clarifying that nothing in the rule limits an attorney from providing limited scope representation without appearing of record in judicial proceedings.
- Rule 9(B)(2) permitting an attorney to withdraw from completed representation by filing either a Notice of Withdrawal with Consent or by motion and court order.
Arizona Rules of Family Law Procedure: Rule 97, Form 1: Notice of Limited Scope Representation
Arkansas
Ark. R. Prof'l Conduct 1.2 governs limited scope representation.
Ark. R. Prof'l Conduct 4.2 establishes that a person to whom limited scope representation is being provided is considered to be unrepresented unless the opposing lawyer has been provided with a written notice of the limited scope representation.
Ark. R. Prof'l Conduct 4.3 establishes that a person to whom limited scope representation is being provided is considered to be unrepresented unless the opposing lawyer has been provided with a written notice of the limited scope representation.
Arkansas Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Sample Notices of Limited Scope Representation and Notice of Completion can be found on the Attorney Resource Page.
See: May 12, 2016 Order amending Rules of Professional Responsibility to further clarify unbundling rules in Arkansas.
California
California Family and Juvenile Rule 5.70 allows a lawyer to draft documents in family law proceedings without disclosing the assistance, as long as the attorney is not making an appearance in the case.
California Family and Juvenile Rule 5.71 allows an attorney to be relieved as counsel by filing an Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation, and outlines the procedure to withdraw both with no objection and with objection from the client.
FL-950 provides a court approved Notice of Limited Scope Representation for family law matters.
California Civil Rule 3.35 defines limited scope representation and application of rules in civil cases.
California Civil Rule 3.36 governs limited scope representation and includes:
- Rule 3.36(a) allowing a party and attorney to provide notice of their agreement by serving and filing a Notice of Limited Scope Representation;
- Rule 3.36(b) requiring papers in the case to be served on both the attorney providing the limited scope representation and the client, until there is a substitution of attorney or an order to be relieved as attorney is filed and served;
- Rule 3.36(c) outlining the procedure to be relieved as counsel on completion of representation, when the attorney has acted appeared before the court as attorney of record and the client has not signed a Substitution of Attorney-Civil form;
- Rule 3.36(d) requiring an application to be relieved as attorney;
- Rule 3.36(e) requiring an application to be relieved as attorney to be filed with the court and served on all parties in the case, and also requiring the client to be served with a blank Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation form;
- Rule 3.36(f) outlining the procedure to be relieved as counsel when there is no objection;
- Rule 3.36(g) outlining the procedure to be relieved when there is an objection, requiring a hearing to be schedule no later than 25 days from the date the objection is filed, and requiring the clerk to send notice of the hearing to the parties and attorney; and
- Rule 3.36(h) requiring the attorney to serve a copy of the signed Application to Be Relieved as Attorney on Completion of Limited Scope Representation form on the client and all parties and attorneys who have appeared in the case, when no objection is filed.
California Civil Rule 3.37 allows a lawyer to draft documents in civil proceedings without disclosing the assistance, as long as the attorney is not making an appearance in the case.
MC-950 provides a court approved Notice of Limited Scope Representation for civil matters.
California Rule of Professional Conduct 1-650 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
California Rule of Court: Judicial Administration Rule 10.960 governs the operation of court self-help centers.
Colorado
Colorado Rule of Professional Conduct 1.2 clarifies that a lawyer may ethically provide limited services.
Colorado Rule of Professional Conduct 4.2 creates a presumption that a party receiving limited services is unrepresented for purposes of communication.
Colorado Rule of Professional Conduct 4.3 creates a presumption that a party receiving limited services is unrepresented for purposes of communication.
Colorado Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Colorado Rule of Civil Procedure 11(b) requires attorneys to include their name, address, telephone and registration number on prepared documents, but clarifies that doing so does not create an entry of appearance or authorize service on the attorney. It allows the attorney to rely upon the self-represented party’s representation of the facts.
Colorado Rule of Civil Procedure 121 explicitly permits limited appearances, as long as the attorney files and serves a notice of limited appearance with the court and all other parties prior to or simultaneous with the proceeding(s) for which the attorney appears. It allows an appearance to terminate without leave of court as long as the attorney files a notice of completion of limited appearance, and finds that service on the attorney is only valid in connection with the specific proceedings(s) for which the attorney appears.
Colorado Rule of County Court Civil Procedure 311(b) requires attorneys to include their name, address, telephone and registration number on prepared documents, but clarifies that doing so does not create an entry of appearance or authorize service on the attorney. It allows the attorney to rely upon the self-represented party’s representation of the facts.
Colorado Appellate Rule 5 allows and clarifies the procedures for limited scope representation in civil appellate proceedings.
Connecticut
Connecticut Rule of Professional Conduct 1.2(c) permits limited scope representation if the limitation is reasonable under the circumstances and the client gives informed consent.
Connecticut Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Connecticut Rule of Professional Conduct 1.5(b) governs requirements for communicating fees and expenses for lawyers who provide limited scope services to a client.
Connecticut Rule of Professional Conduct 1.16 governs declining or terminating representation and provides commentary on withdrawing after filing a limited appearance.
Connecticut Rule of Professional Conduct 4.2 and 4.3 govern communicating with an otherwise unrepresented party for whom a limited appearance has been filed.
Delaware
Delaware Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Delaware Family Court Rules of Civil Procedure governing limited scope representation include:
- Rule 5(b)(2)(A), expressly permitting limited appearances with a written notice of appearance that specifically states the matters in which the attorney will represent the party and requiring copies of all notices given to the client also be given to the attorney; and
- Rule 5(b)(2)(B), limiting the representation to only those matters identified in the notice of appearance and terminating the representation when the time for appeal has elapsed.
District of Columbia
District of Columbia Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Superior Court of the District of Columbia Administrative Order 14-10 permits limited scope representation in the Civil, Probate and Tax Divisions, the Family Court, and the Domestic Violence Unit and provides additional guidelines.
Florida
Florida Rule of Professional Conduct 4-1.2(c) explicitly permits limited scope representation with written consent.
Comment to Florida Rule of Professional Conduct 4-1.2 indicates that a lawyer is not required to sign pleadings prepared for pro se litigants; the lawyer must instead include, on each pleading, the statement “Prepared with the Assistance of Counsel.” It also expressly permits limited appearances in family law proceedings.
Florida Rule of Professional Conduct 4-4.2(b) establishes the presumption that a self-represented party is unrepresented unless notified to the contrary in writing.
Florida Rule of Professional Conduct 4-4.3(b) establishes the presumption that a self-represented party is unrepresented unless notified to the contrary in writing.
Florida Family Law Rules of Procedure governing limited scope representation and self-help centers include:
- Rule 12.040(a) expressly permitting limited appearances with a filed notice, signed by the party;
- Rule 12.040(b)-(c) allowing an attorney who has entered a limited appearance to terminate without leave of court, so long as the attorney files a notice of completion;
- Rule 12.040(d) requiring pleadings filed by pro se litigants, and prepared with the assistance of an attorney, to contain a certification that the party received assistance from an attorney;
- Rule 12.040(e) requiring an attorney who has filed a limited appearance to include specific language on pleadings filed with the court;
- Rule 12.040(f) governing service in conjunction with limited appearances, and requiring that all pleadings or other documents and all notices of hearings be served upon both the attorney and the party. When the attorney receives a notice of a hearing that is outside the scope of the representation, it instructs the attorney to notify the court and opposing party that the attorney will not attend proceeding or hearing; and
- Rule 12.750 governing the operation of self-help programs within family courts.
Georgia
Georgia Code of Professional Conduct Rule 1.2(c) governs limited scope representation.
Hawaii
Hawaii Rule of Professional Conduct 1.2(c) governs limited scope representation.
Hawaii Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Comment [4] to Hawaii Revised Code of Judicial Conduct Rule 2.2 clarifies that a judge may make reasonable accommodations to assure that pro se litigants have the opportunity to have their matters fairly heard.
Idaho
Idaho Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Idaho Rule of Civil Procedure 11(b)(5) permits pro bono limited appearances as long as the attorney files and serves a notice of limited appearances prior to or simultaneous with the proceeding; the notice must specify all matters that are to be undertaken on behalf of the party. The attorney may withdraw, without the necessity of leave of court, by filing a notice of completion of limited appearance.
Idaho Court Administrative Rule 53 creates a statement of policy to ensure access to the courts by all persons, and governs the operation of court assistance services.
Illinois
Illinois Rule of Professional Conduct 1.2(c) governs limited scope representation.
Illinois Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Comment 8A to Illinois Rule of Professional Conduct 4.2 provides guidance on notice requirements to opposing attorneys in limited scope representation contexts.
Illinois Supreme Court Rule 11 requires the service of all documents be made on both the party and the attorney while the limited representation is in effect.
Illinois Supreme Court Rule 13 governs limited scope representation and outlines the procedures for disclosing the nature of the representation, filing notice with the court, and withdrawing.
Illinois Supreme Court Rule 137 makes it clear that an attorney may assist a person who is representing him or herself in drafting or reviewing a pleading or other paper without making a general or limited scope appearance and without the attorney signing the pleading or other paper, as otherwise would be required.
Indiana
Indiana Rule of Professional Conduct 1.2(c) governs limited scope representation.
Indiana Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Indiana Rule of Trial Procedure 3.1 permits an attorney to enter a limited appearance by filing a notice of temporary or limited representation that includes a description of the representation. It requires an attorney to file a notice of completion of representation to withdraw representation.
Iowa
Iowa Rules of Professional Conduct governing limited scope representation include:
- Rule 32:1.2(c) expressly permitting limited representation and outlining requirements for written consent;
- Rule 32:4.2 establishing the presumption that a self-represented party is unrepresented unless notified to the contrary in writing;
- Rule 32:6.5 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs; and
- Rule 32:7.2 permitting an attorney to advertise that he/she provides limited representation.
Iowa Rules of Civil Procedure enabling unbundled services include:
- RCP 1.404(3) expressly permitting limited appearances if the limitation is specifically stated in a notice of limited appearance that is filed or served prior or simultaneously with the proceeding and the lawyer notifies the court before the beginning of a hearing;
- RCP 1.404(4) allowing an attorney to withdraw from representation without leave of court by filing a notice of completion of limited appearance and serving it on all parties involved;
- Rule 1.423(1) requiring every pleading or paper that is prepared with the drafting assistance of an attorney to state that fact before the signature line at the end of the document while also requiring the document to contain the attorney’s name, personal identification number – but not the attorney’s signature;
- Rule 1.423(2) allowing the attorney providing drafting assistance to rely on the pro se party’s representation of the facts;
- Rule 1.423(3) clarifying that providing identifying information on pleading or paper does not constitute an entry of appearance and does not authorize service on the attorney; and
- RCP 1.442(2) indicating that service on an attorney who has made a limited appearance shall be considered valid only when the service is in connection with the specific proceedings for which the attorney appeared.
Kansas
Kansas Rule of Professional Conduct 1.2(c) governs limited scope representation.
Kansas Supreme Court Rule 115A governing unbundling includes:
- Rule 115A(a) establishing that an attorney may limit the scope of representation.
- Rule 115A(b)(1) establishing that an attorney making a limited appearance must file a notice of limited entry of appearance that states the precise court proceeding and issues to which the limited appearance pertains.
- Rule 115A(b)(2) clarifying that an attorney may file a notice of limited entry of appearance for one or more court proceedings in a case.
- Rule 115A(b)(3) establishing the specific requirements for papers filed in a limited appearance.
- Rule 115A(b)(4) indicating that service must be made on both the attorney and the party for matters within the scope of the limited appearance. Service is not required for matters outside the scope of the limited appearance.
- Rule 115A(b)(5) articulating two restrictions on limited appearances.
- Rule 115A(b)(6) specifying that the attorney must file a notice of withdrawal of limited entry of appearance for each court proceeding for which the attorney has filed a notice of limited appearance. The notice must state that the withdrawal is effective unless an objection is filed not later than 14 days after the notice is filed.
- Rule 115A(c) allowing an attorney to assist in the preparation of pleadings as long as "prepared with assistance of a Kansas licensed attorney" is inserted at the bottom of the paper. The attorney is not required to sign the paper.
U.S. District Court, District of Kansas Local Rules governing limited scope representation are:
- Rule 83.5.8(a) establishing that a lawyer may limit the scope of representation in civil cases if the limitation is reasonable under the circumstances and the client gives informed consent in writing.
- Rule 83.5.8(b) requiring compliance with Kansas Supreme Court Rule 115A with two exceptions: (1) that the lawyer use federal forms rather than the Kansas State Court forms; and (2) that Rule 115A(c) does not apply in the District of Kansas instead requiring that any attorney preparing a pleading, motion or other paper for a specific case enter a limited appearance and sign the document.
- Rule 83.5.8(c) allowing any attorney registered as active to practice before the Court to offer limited scope representation.
Kentucky
Kentucky Rule of Professional Conduct 1.2(c) governs limited scope representation.
Kentucky Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Louisiana
Louisiana Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Rule for Louisiana District Court 9.12 governs limited scope representation, including notice requirements and withdrawal procedures.
Maine
Maine Rule of Professional Conduct 1.2(c) explicitly allows limited scope representation and allows a lawyer to file a limited appearance if the client consents in writing.
Maine Rule of Professional Conduct Rule 1.16(c) exempts an attorney from the standard withdrawal procedure and allows for automatic withdrawal of a lawyer upon completion of representation.
Maine Rule of Professional Conduct 4.2(b) permits opposing counsel to communicate with assisted pro se client unless unbundling attorney notifies opposing attorney of representation.
Maine Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Attachment A to Maine Rule of Professional Conduct 1.2(c) includes a court-approved Limited Representation Agreement.
Maine Rules of Civil Procedure enabling unbundled legal services include:
- Rule 5(b) indicating that service upon the attorney is not required when an attorney files a limited appearance;
- Rule 11(b) explicitly permitting limited appearances and requiring an attorney signature on documents filed as part of a limited appearance.
- Rule 89(a) exempting attorneys who have filed limited appearances from the standard withdrawal procedure.
Maryland
Maryland Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs. Maryland RPC 1.2 was recently amended (March 2, 2015) to require that under certain circumstances the scope and limitations of a limited representation by an attorney be set forth in a writing, to add a new Comment [8] pertaining to the scope of a limited representation, and to add a new Comment [9] pertaining to representation of a client in a collaborative law process.
Maryland Rules of Procedure governing limited appearances include:
- 1-321: On service after entry of a limited appearance;
- 1-324: On notification when an attorney has entered a limited appearance;
- 2-131: Permitting the entry of a limited appearance under certain circumstances and adding a form of acknowledgment of the scope of limited representation in circuit court;
- 2-132: Permitting an attorney who has entered a limited appearance to file a notice of withdrawal under certain circumstances in circuit court;
- 3-131: Permitting the entry of a limited appearance under certain circumstances and adding a form of acknowledgment of the scope of limited representation in district court; and
- 3-132: Permitting an attorney who has entered a limited appearance to file a notice of withdrawal under certain circumstances in district court.
Massachusetts
Massachusetts Rule of Professional Conduct 1.2(c) governs limited scope representation.
Massachusetts Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Supreme Judicial Court Order In Re: Limited Assistance Representation permits limited appearances with a filed Notice of Appearance; allows an attorney to withdraw by filing a Notice of Withdrawal of Limited Appearance; requires service on both attorney and client for matters within the scope of the limited appearance; and allows an attorney to assist in preparing a pleading, motion or other document as long as the phrase “Prepared with the Assistance of Counsel” is included on the document.
Michigan
Michigan Rule of Professional Conduct 1.2(b) permits limited scope representation. 1.2(b)(1) provides that a lawyer may draft or partially draft pleadings, briefs, and other papers to be filed with the court without a signature, but such a filing requires a statement saying that the document was drafted with the assistance of a lawyer. 1.2(b)(2) states that documents prepared in accordance with 1.2(b)(1) do not constitute an appearance. (Amended September 20, 2017)
Michigan Rules of Professional Conduct 4.2 and 4.3 govern communication and notice requirements. (Amended September 20, 2017)
Michigan Rule of Professional Conduct 6.6 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Michigan Court Rule 2.107 governs service and filing of pleadings and other papers. (Amended September 20, 2017)
Michigan Court Rule 2.117 governs appearances and withdrawal. (Amended September 20, 2017)
Minnesota
Minnesota Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Minnesota General Rule of Practice for the District Courts 110 governs the operation of self-help programs.
Mississippi
Mississippi Rules of Professional Conduct governing limited scope representation include:
- Rule 1.2(c) expressly permitting limited scope representation.
- Comment to Rule 1.2(c) encouraging lawyers to offer limited scope representation; indicating that lawyers may provide counseling, advice, draft letters or pleadings, with or without appearing as counsel of record; and, in litigation, permitting lawyers to attend hearings on discrete matters or specific issues.
- Rule 6.5 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Missouri
Missouri Rule of Professional Conduct 1.2 expressly permits limited representation with written consent and governs communication between opposing counsel and limited representation client.
Missouri Rules of Professional Conduct 1.16 (c) requires a lawyer to file a notice of termination of limited appearance to withdraw from representation.
Missouri Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Missouri Rule of Civil Procedure 43.01(b) requires service on otherwise self-represented person and not on limited appearance attorney unless notified in writing to do otherwise.
Missouri Rule of Civil Procedure 55.03 governing unbundling includes:
- Rule 55.03(a) permitting a lawyer to draft pleadings or motions for self represented litigants without signing the documents;
- Rule 55.03(b) explicitly allowing limited appearances with a written entry of appearance and allowing an attorney to withdraw, when the matter is completed, by filing a “Termination of Limited Appearance;” and
- Rule 55.03(c) permitting a lawyer who assists with drafting to rely on the self-represented party’s representation of facts.
Missouri Rule of Civil Procedure 88.09 requires unrepresented parties to complete a litigant awareness program and to use court approved forms.
Montana
Montana Rule of Professional Conduct 1.2(c) governs limited scope representation and outlines requirements for obtaining informed consent.
Montana Rule of Professional Conduct 4.2 establishes the presumption that a self-represented party is unrepresented unless notified to the contrary in writing.
Montana Rule of Professional Conduct 4.3 establishes the presumption that a self-represented party is unrepresented unless notified to the contrary in writing.
Montana Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Montana Rules of Civil Procedure enabling limited scope representation include:
- Rule 4.1(a) expressly permitting an attorney to provide limited scope representation to a person involved in a court proceeding;
- Rule 4.1(b) clarifying that providing limited scope representation does not constitute an entry of appearance and does not authorize or require service on the attorney;
- Rule 4.1(c) permitting limited appearances as long as a notice of limited appearance is filed and served prior to or simultaneous with the actual appearance and indicating that service on an attorney who has made a limited appearance shall be considered valid only when the service is in connection with the specific proceedings for which the attorney appeared;
- Rule 4.2(a) permitting limited appearances as long as a notice of limited appearance that specifically states the limitation is filed and served prior to or simultaneous with the actual appearance;
- Rule 4.2(b) allowing an attorney to withdraw, without leave of court, by filing a notice of completion of limited appearance; and
- Rule 11 permitting an attorney to draft a document without signing it and allowing the attorney who assists with drafting to rely on the self-represented party's representation of facts.
Nebraska
Nebraska Rules of Professional Conduct enabling unbundled services include:
- Rule 501.2(b) expressly permitting limited scope representation;
- Rule 501.2(c) allowing an attorney to prepare court filings for pro se litigants so long as the filings include “Prepared By” with the name, business address and bar number of the attorney. It clarifies that such disclosure does not create an entry of appearance while also requiring the pro se litigant to sign the filing;
- Rule 501.2(d) allowing an attorney to enter a limited appearance if the client consents in writing; and
- Rule 501.2(e) establishing a procedure for withdrawal that requires the attorney to file a “Certificate of Completion of Limited Representation;”
- Rule 504.2[10] allowing opposing counsel to communicate with client on matters outside scope of limited representation; and
- Rule 506.5 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Nebraska Court Rules of Pleading in Civil Cases governing limited appearance and withdrawal include:
- Rule 6-1109 (h) allowing lawyers to enter a "Limited Appearance" as long as the client consents in writing, the scope of the representation is clearly defined, and a copy is provided to the client and opposing counsel or opposing party;
- Rule 6-1109(i) permitting a lawyer to withdraw upon completion of the limited representation as long as the attorney files a "Certificate of Completion of Limited Appearance" with the court and provides copies to the client and opposing counsel or opposing party. Court approval is not required and, once filed, the lawyer no longer has an obligation to represent the client; and
- Rule 6-1111(b) permitting attorneys who do not appear as attorney of record to prepare pleadings, briefs and other documents to be filed with the court as long as the filings include the "Prepared By" along with identifying information, and clarifying that doing so does not create an appearance by the lawyer.
Nevada
Nevada Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Rules of Practice of the Eighth Judicial District Court of the State of Nevada governing unbundling include:
- Rule 5.28(a) requiring an attorney who offers limited scope representation to include that limitation on the first paragraph of the first paper or pleading filed on behalf of the client and to notify the court at the beginning of a hearing when a limited appearance is made.
- Rule 5.28(b) permitting an attorney to withdraw from representation by filing a “Notice of Withdrawal of Attorney," with a copy of the limited services retainer agreement between the attorney and client, and serving it on the client and all other parties or their attorneys.
New Hampshire
New Hampshire Rule of Professional Conduct 1.2 governs limited representation and provides a sample consent form.
New Hampshire Rule of Professional Conduct 4.2 creates the presumption that limited representation client is unrepresented for purposes of communication, unless notified otherwise in writing.
New Hampshire Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in one time consultations with clients through non-profit and court annexed legal programs.
New Hampshire Rule of Civil Procedure enabling unbundled services include:
- Rule 3, requiring that pleadings and communication be furnished to both client and limited representation attorney until withdrawal of limited appearance; and
- Rule 17(c), explicitly permitting limited appearances in non-criminal cases so long as the precise scope of the limited representation is stated on a filed notice;
- Rule 17(f), allowing automatic termination of representation when an attorney files a “withdrawal of limited appearance” and gives notice of the completed representation to all parties; and
- Rule17(g) permitting an attorney to prepare documents without signing them so long as the statement “This pleading was prepared with the assistance of a New Hampshire attorney” appears on the document.
New Jersey
New Jersey Rule of Professional Conduct 1.2 (c) governs limited scope representation.
New Jersey Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
New Mexico
New Mexico Rules of Professional Conduct governing unbundling include:
- Rule 16-102(c) permitting limited representation with consent;
- Rule 16-303(E) requiring lawyer to disclose scope of representation to court; and
- Rule16-605 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
New Mexico Rules of Civil Procedure governing limited appearances include:
- Rule 1-089(A)(1) permitting limited appearances in district court as long as the attorney files a Limited Entry of Appearance that identifies the nature of the limitation;
- Rule 1-089(C) allowing an attorney who has completed the purpose of the representation to withdraw without court order by filing and serving a notice of withdrawal or substitution of counsel;
- Rule 2-107(C) permitting limited appearance in magistrate courts as long as the attorney files a limited entry of appearance that identifies the nature of the limitation and notes the limitation in the signature block of any paper filed with the court;
- Rule 2-108(A) allowing an attorney to withdraw without consent from magistrate courts, as long as the representation is completed;
- Rule 3-107(C) permitting limited appearances in metropolitan courts as long as the attorney files a limited entry of appearance that identifies the nature of the limitation and notes the limitation in the signature block of any paper filed with the court; and
- Rule 3-108(A) allowing an attorney to withdraw without consent from metropolitan courts, as long as the representation is completed.
New Mexico Supreme Court General Rule 23-113 governs communication between self-represented litigants and court staff, and grants immunity to court staff for any information provided to self-represented litigants.
New York
AO/285/16: Administrative Order of the Chief Administrative Judge of the Courts, with the Consent of the Administrative Board of the Courts (December 16, 2016) making it the policy of the Unified Court System to support and encourage limited scope representation and encourage judges and justices to permit limited scope appearances (under certain conditions - see full Order).
Local Rules of the United States District Court for Southern and Eastern Districts of New York, Civil Rule 7.2 requires counsel to provide pro se litigants with printed copies of decisions cited when unreported or reported only on computerized databases.
New York Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
North Carolina
North Carolina General Statute 50B-2(d) requires the clerk of superior court in each county to provide pro se litigants with all necessary forms.
North Carolina Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
North Dakota
North Dakota Rule of Professional Conduct 1.2(c) allows a lawyer to limit the scope of representation if the client consents in writing after a consultation.
North Dakota Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
North Dakota Rule of Court 11.2 governs attorney withdrawal when an attorney has filed a notice of limited representation; a "Certificate of Completion of Limited Appearance" is required to withdrawal as opposed to court approval.
North Dakota Rule of Civil Procedure 5(b) establishes the requirements for service on an attorney providing limited scope representation.
North Dakota Rule of Civil Procedure 11(e) establishes requirements for notice of limited appearances, the preparation of pleadings for an otherwise self-represented party, and withdrawal after a limited appearance. Notice upon all parties stating precisely the scope is required; the preparation of pleadings, briefs and other documents does not constitute an appearance; and the filing of a "Certificate of Completion of Limited Appearance" is required to withdrawal as opposed to court approval.
Ohio
Ohio Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Oklahoma
Oklahoma Rule of Professional Conduct 1.2(c) governs limited scope representation.
Oklahoma Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Oregon
Oregon Rules of Professional Conduct 1.2(b) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Oregon Uniform Trial Court Rule 2.010(7) requires a pro se litigant to file a Certificate of Document Preparation, disclosing whether he or she had paid assistance from a lawyer in selecting or completing a pleading.
Form 2.010.7 Certificate of Document Preparation provides a court approved form that is required to accompany any document not bearing the name and bar number of an attorney.
Oregon Uniform Trial Court Rule 5.170 governs notice, termination and service of documents, and provides a Notice of Limited Scope Representation form and a Notice of Termination of Limited Scope Representation form.
Pennsylvania
Pennsylvania Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Rhode Island
Rhode Island Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
UPDATE: Provisional Rules for Limited Scope Representation in Rhode Island
On May 23, 2017, the Rhode Island Supreme Court issued an order provisionally amending Article V of the Rules of Professional Conduct to expand upon rules regarding the limited scope representation of clients. In doing so, the Court states that,"This Court recognizes that the provision of limited-scope representation services to litigants in Rhode Island is a novel and, at present, unknown frontier for the bench, bar, and lay public alike." The amendments, which establish procedures for preparing pleadings, limited appearances and withdrawal, are adopted on a provisional basis to encourage ongoing assessment and commentary. The Court will review those assessments in one year.
South Carolina
South Carolina Rule of Professional Conduct 1.2(c) governs limited scope representation.
South Carolina Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Supreme Court of South Carolina Order 2012-08-24-01 approves Self-Represented Litigant Child Support Modification Packets for use in the Family Courts of South Carolina.
South Dakota
South Dakota Rule of Professional Conduct 1.2(c) governs limited scope representation.
South Dakota Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Tennessee
Tennessee Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation, encouraging written consent, and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Tennessee Rule of Civil Procedure 5.02 governs the requirements in service and filing of pleadings and other papers in the limited scope representation context.
Tennessee Rule of Civil Procedure 11.01 requires that an attorney providing limited scope representation file notice with the court at the beginning of the representation and notice of completion upon satisfying the obligations of the representation.
Texas
Texas Rule of Professional Conduct 1.02(b) governs limited scope representation
Utah
Utah Rule of Professional Conduct 1.2 (c) permits limited representation with consent.
Utah Rule of Professional Conduct 4.2 (b ) creates presumption that limited representation client is unrepresented for purposes of communication, unless notified otherwise in writing.
Utah Rule of Professional Conduct 4.3 (b) creates presumption that limited representation client is unrepresented for purposes of communication, unless notified otherwise in writing.
Utah Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Utah Rule of Civil Procedure 5(b)(1) requires that papers relating to a matter within limited scope agreement be served upon attorney and party.
Utah Rules of Civil Procedure 74(b) allows an attorney who has entered a limited appearance, and has completed the representation, to withdraw from the case by filing and serving a notice of withdrawal.
Utah Rules of Civil Procedure 75 expressly permits limited appearances with a filed Notice of Limited Appearance, signed by the attorney and party, that specifically describes the purpose and scope of the appearance
Vermont
Vermont Rules of Professional Conduct 1.2(c) and 6.5 govern limited scope representation and the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Vermont Rules of Civil Procedure 79.1 addresses limited appearances and includes:
- Rule 79.1.(1) explicitly allowing limited appearances;
- Rule 79.1(2) requiring a written notice of limited appearance that states the purpose and scope of the appearance;
- Rule 79.1(3) granting leave to withdraw as a matter of course when the purpose for which the appearance was entered has been accomplished; and
- Rule 79.1(4) requiring service on both the party and the attorney after a limited appearance has been filed.
Vermont Rule of Family Proceedings 15(h) addresses limited appearances and includes:
- Rule 15(h)(1) explicitly allowing limited appearances in family law matters;
- Rule 15(h)(2) requiring a written notice of limited appearance that states the purpose and scope of the appearance;
- Rule 15(h)(3) granting leave to withdraw as a matter of course when the purpose for which the appearance was entered has been accomplished; and
- Rule 15(h)(4) requiring service on both the party and the attorney after a limited appearance has been filed.
Virginia
Virginia Rule of Professional Conduct 1.2(b) governs limited scope representation
Virginia Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Washington
Washington Admission to Practice Rule 28 allows non-lawyers with certain levels of training to provide technical help on simple legal matters.
Washington Rule of Professional Conduct 1.2(c) permits limited scope of representation with consent.
Washington Rule of Professional Conduct 1.5(f)(2) permits an attorney to charge a flat fee for specified legal services and to place that fee into the lawyer’s operating account, if there is a written fee agreement containing certain disclosure requirements.
Washington Rule of Professional Conduct 4.2 creates the presumption that a person is unrepresented unless opposing party is notified otherwise.
Washington Rule of Professional Conduct 4.3 creates the presumption that a person is unrepresented unless opposing party is notified otherwise.
Washington Rule of Professional Conduct 6.5 governs the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Washington Civil Rule 4.2 allows an attorney to provide limited scope representation to a person involved in a court proceeding; clarifies that providing limited scope representation does not create an entry of appearance and does not require service on the attorney; and explicitly permits limited appearances as long as the attorney files a notice of limited appearance prior to or simultaneous with the actual court appearance.
Washington Civil Rule of Limited Jurisdiction 4.2 allows an attorney to provide limited scope representation to a person involved in a court proceeding; clarifies that providing limited scope representation does not create an entry of appearance and does not require service on the attorney; and explicitly permits limited appearances as long as the attorney files a notice of a limited appearance prior to or simultaneous with the actual court appearance.
Washington Civil Rule 11 permits a lawyer who assists with drafting to rely on the self-represented party's representation of facts.
Washington Civil Rule of Limited Jurisdiction 11 permits a lawyer who assists with drafting to rely on the self-represented party's representation of facts.
Washington Civil Rule 70.1 expressly allows limited appearances in litigation as long as the attorney files a notice of limited appearance; requires service on the attorney only in connection with the specific proceedings for which the attorney appears; and allows the attorney’s role to terminate with a notice of completion of limited appearance.
Washington Civil Rule of Limited Jurisdiction 70.1 expressly allows limited appearances in litigation as long as the attorney files a notice of limited appearance; requires service on the attorney only in connection with the specific proceedings for which the attorney appears; and allows the attorney’s role to terminate with a notice of completion of limited appearance.
West Virginia
West Virginia Rule of Professional Conduct 1.2(c) governs limited scope representation.
Wisconsin
Wisconsin Supreme Court Rules of Professional Responsibility governing limited scope representation include:
- 1.2(c) allowing limited scope representation if the limitation is reasonable under the circumstances and the client gives informed consent. The client's informed consent must be in writing, except for as set forth in 1.2(c)(1);
- 1.2(c)(1) providing exceptions to the rule that a client's informed consent be in writing;
- 1.2(c)(2) providing presumptions if the client gives informed consent in writing signed by the client;
- 1.2 (cm) governing ghostwriting, requiring that filings include "this document was prepared with the assistance of a lawyer," and providing that such actions do not constitute an appearance;
- 1.5(b) governing fees;
- 3.1 (am) governing meritorious claims and contentions and permitting a lawyer who assists with drafting to rely on the self-represented party’s representation of facts;
- 4.2(b) creating a presumption that a party receiving limited services is unrepresented for purposes of communication absent notification to the contrary;
- 4.3(b) creating a presumption that a party receiving limited services is unrepresented for purposes of dealing with unrepresented person absent notification to the contrary; and
- 6.5 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs.
Wisconsin Statutes governing limited scope representation include:
- 800.035 (1m) permitting limited scope representation to a person involved in a municipal court action.
- 802.045(1) permitting limited scope representation in a court action;
- 802.045(2) governing notice requirements for limited appearances;
- 802.045(3) governing service requirements;
- 802.045(4) governing termination of a limited appearance;
- 802.045(5) governing forms;
- 802.05 (2m) governing ghostwriting, providing that the attorney is not required to sign the document, requiring that it must contain the statement "this document was prepared with the assistance of a lawyer" (802.05(2m) for briefs), and permitting a lawyer who assists with drafting to rely on the self-represented party’s representation of facts;
- 809.19 requiring documents prepared with the assistance of a lawyer to contain a statement saying so; and
- 809.80 (2)(a) and 801.14 (2m) governing service and filing of pleadings and other papers.
Wisconsin Supreme Court Rule of Judicial Administration 70.41 provides guidelines for court staff when assisting the public.
Milwaukee County Family Division Rule 5.6 governs unbundling and includes:
- Rule 5.6(C) expressly permits limited appearances as long as the attorney files a notice of appearance that states the proceedings at which the attorney will be present or function for which the attorney will be responsible.
- Rule 5.6(D) allows an attorney to withdraw, after making a limited appearance, by submitting a proposed order for withdrawal and serving a copy on the client and all parties.
Wyoming
Wyoming Rules of Professional Conduct governing limited scope representation include:
- Rule 1.1 [4] addressing competence in limited scope representation;
- Rule 1.2(c) explicitly permitting limited scope representation and outlining the requirements for written consent;
- Rule 6.5 governing the responsibility to determine conflicts in non-profit and court-annexed limited service programs;
- Rule 1.2[7] permitting limited appearances with written consent, requiring documents prepared by attorneys to include a statement indicating that the document was prepared with the assistance of counsel, along with the name and address of the attorney, and clarifying that disclosure of assistance does not constitute an entry of appearance;
- Appendix to Rule 1.2 providing a court approved notice and consent to limited scope representation notice.
The Uniform Rule of the District Court of the State of Wyoming 102 governs limited appearances and includes:
- Rule 102(a)(1)(B) clarifying that an attorney who has assisted in the preparation of a pleading and whose name appears on the pleading shall not be deemed to have entered an appearance in the matter;
- Rule 102(a)(1)(C) allowing an attorney to enter a written entry of appearance that is limited, by its terms, to a particular proceeding or matter; and
- Rule 102(a)(2)(C) allowing an attorney who has entered a limited entry of appearance to withdraw when the attorney has fulfilled the duties of the limited entry of appearance.