CBA Record November 2017

Chicago Bar Foundation Report

New Resources Help Lawyers Build Business and Increase Access to Justice by Providing Limited Scope Representation

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 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 snazem@chicagobar.org for more information.

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,

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

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