What Are the Rules Governing Limited Scope Representation?
Supreme Court Rule 11 requires that the opposing party or counsel serve all documents on both the attorney and the party while the limited scope appearance is in effect.
Supreme Court Rule 13 allows lawyers to make limited appearances in civil court proceedings and to withdraw by oral motion or in writing after the representation is complete. The rule includes forms for both entry and withdrawal of a limited scope appearance.
Supreme Court Rule 137 allows lawyers to assist self-represented litigants by preparing and reviewing pleadings, motions, and other documents without signing the pleading or filing an appearance.
Illinois Rule of Professional Conduct 4.2 clarifies when a lawyer may communicate with a person represented by counsel on a limited basis.
Illinois Rule of Professional Conduct 5.5 clarifies that lawyers may counsel and coach self-represented litigants without filing an appearance.
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Illinois Rule of Professional Conduct 1.2 allows lawyers to “limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent.” Limited scope representation may also be called unbundled or a la carte legal services.
Examples of limited scope representation include
coaching self-represented litigants, giving limited
legal advice, drafting and reviewing documents,
gathering and preparing evidence, and even appearing
in court for a portion of a case.
Examples of Limited Scope Legal Services
- Legal Advice
Provide advice about legal rights, responsibilities, procedures, and/or strategy on a one-time basis
- Document Preparation
1. Draft documents on behalf of client
2. Review Documents prepared by client
3. Draft Discovery Request on behalf of client
4. Review discovery Request on behalf of client
5. Draft or review Correspondence
6. File and Serve documents - Case Preparation and Investigation
1. Prepare Discovery Responses on behalf of client
2. Review Discovery Responses prepared by client
3. Take or Defend Depositions
4. Conduct a factual investigation (e.g. contact witnesses and/or expert witnesses, obtain documents, public record searches)
- Settlement Negotiations
1. Review an outstanding settlement offer or agreement
2. Negotiate specified issue(s) for settlement - Trial Preparation
1. Draft or Review Subpoenas for trial
2. Draft or Respond to Motions for Trial
3. Outline witness testimony and/or argument for trial - Court Appearances
1. Appear in Court on a one-time basis
2. Represent Client at Trial - Business Transactions
1. Review Contract
2. Draft Contract
3. Negotiate Agreement
4. Review Business Loan Documents
5. Send, or Respond to, Demand Letter
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