Ethical Rule 4-1.2 (c) Limitation of Objectives and Scope of Representation.
If not prohibited by law or rule, a lawyer and client may agree to
limit the objectives or scope of the representation if the limitation
is reasonable under the circumstances and the client gives informed
consent in writing. If the attorney and client agree to limit the scope
of the representation, the lawyer shall advise the client regarding
applicability of the rule prohibiting communication with a represented
person.
Agreements limiting scope of representation
The scope of services to be
provided by a lawyer may be limited by agreement with the client or by
the terms under which the lawyer's services are made available to the
client. When a lawyer has been retained by an insurer to represent an
insured, for example, the representation may be limited to matters
related to the insurance coverage. A limited representation may be
appropriate because the client has limited objectives for the
representation. In addition, the terms upon which representation is
undertaken may exclude specific means that might otherwise be used to
accomplish the client's objectives. Such limitations may exclude
actions that the client thinks are too costly or that the lawyer
regards as repugnant or imprudent, or which the client regards as
financially impractical.
Although this rule affords the
lawyer and client substantial latitude to limit the representation if
not prohibited by law or rule, the limitation must be reasonable under
the circumstances. If, for example, a client’s objective is limited to
securing general information about the law the client needs in order to
handle a common and typically uncomplicated legal problem, the lawyer
and client may agree that the lawyer’s services will be limited to a
brief consultation. Such a limitation, however, would not be reasonable
if the time allotted was not sufficient to yield advice upon which the
client could rely. In addition, a lawyer and client may agree that the
representation will be limited to providing assistance out of court,
including providing advice on the operation of the court system and
drafting pleadings and responses. If the lawyer assists a pro se
litigant by drafting any document to be submitted to a court, the
lawyer is not obligated to sign the document. However, the lawyer must
indicate "Prepared with the assistance of counsel" on the document to
avoid misleading the court which otherwise might be under the
impression that the person, who appears to be proceeding pro se, has
received no assistance from a lawyer. If not prohibited by law or rule,
a lawyer and client may agree that any in-court representation in a
family law proceeding be limited as provided for in Family Law Rule of
Procedure 12.040. For example, a lawyer and client may agree that the
lawyer will represent the client at a hearing regarding child support
and not at the final hearing or in any other hearings. For limited
in-court representation in family law proceedings, the attorney shall
communicate to the client the specific boundaries and limitations of
the representation so that the client is able to give informed consent
to the representation.
Regardless of the circumstances,
a lawyer providing limited representation forms an attorney-client
relationship with the litigant, and owes the client all attendant
ethical obligations and duties imposed by the Rules Regulating The
Florida Bar, including, but not limited to, duties of competence,
communication, confidentiality and avoidance of conflicts of interest.
Although an agreement for limited representation does not exempt a
lawyer from the duty to provide competent representation, the
limitation is a factor to be considered when determining the legal
knowledge, skill, thoroughness and preparation reasonably necessary for
the representation. See rule 4-1.1.
An agreement concerning the
scope of representation must accord with the Rules of Professional
Conduct and law. For example, the client may not be asked to agree to
representation so limited in scope as to violate rule 4-1.1 or to
surrender the right to terminate the lawyer's services or the right to
settle litigation that the lawyer might wish to continue.