LIMITED SCOPE REPRESENTATION
AMENDMENTS EFFECTIVE AUG. 1
MIKE HAGBURG
Attorney at Law
The North Dakota Supreme Court has
approved amendments to Professional
Conduct Rule 1.2, Civil Procedure Rule
11, and Rule of Court 11.2 intended to
simplify and clarify the rules for limited
scope representation by attorneys. The
amendments took effect Aug. 1.
The Minority Justice Implementation
Committee (MJIC) originally proposed
that the limited scope representation rules
be amended in early 2015. Judge Donovan
Foughty, the chair of the MJIC, said the
amendments were primarily intended to
make it easier for attorneys to provide
limited scope representation.
The amendments to Rule 1.2 allow
lawyers to enter into limited scope
representation if they obtain the
client’s consent in writing. Before the
amendment, the rule allowed limited
scope representation but did not require
written consent. The Joint Committee
on Attorney Standards recommended
the change because it concluded that
having an agreement on the scope of
representation in writing protects both the
lawyer and the client.
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THE GAVEL
The amendments to Rule 11 provide
details about the services an attorney
may perform while assisting an
otherwise self-represented party and
when an attorney must provide notice
to the other parties and the court about
the services the attorney is providing. An
attorney providing the services set out
in Rule 11 must comply with Rule 1.2’s
requirements.
Under the amendments to Rule 11(e)
(1), an attorney may prepare pleadings,
briefs, and other documents for use by
an otherwise self-represented party.
Such work is not considered to be an
appearance and no notice about the
attorney’s involvement need be given
to other parties or the court. The
amendment specifically requires the
party to sign all papers prepared by an
attorney providing assistance under Rule
11(e)(1).
The amendments to Rule 11(e)(2) cover
situations when an attorney makes a
limited appearance on behalf of the
party. This might include representing
an otherwise self-represented party
at a court proceeding or a deposition.
When an attorney makes a limited
appearance, a notice stating the scope of
the appearance must be provided to the
other parties and the court.
The amendments to Rule 11.2 detail the
steps an attorney who makes a limited
appearance must take to withdraw from
the representation. Within 14 days of
concluding the limited appearance,
the attorney must file a “Certificate of
Completion of Limited Appearance” with
the court and serve it on opposing counsel
or the opposing party, if self-represented.
The rule amendment makes it clear that
court approval for withdrawal by an
attorney who has completed a limited
appearance is not required.
The MJIC concluded in its 2014
annual report that expanded use of
limited scope representation could help
minorities and the poor get better access
to the legal system. “A self-represented
citizen might seek a limited-scope
arrangement in which an attorney
performs research, drafts a complaint,
or makes an appearance for the client,
without providing additional services,”
the committee explained in its report.
“This arrangement allows self-represented
litigants to take advantage of at least some
affordable attorney services and creates
flexibility for attorneys, who may offer a
variety of services at designated prices.”
Limited scope representation has been
allowed in North Dakota under the rules
since 2009. However, as outlined in the