Also known as: limit the scope of the representation · limited scope representation · limits scope of representation · limited scope · scope limitation · unbundled services
Written by attorneys — see sources below.
A practice permitting a lawyer to restrict the objectives or matters addressed in a client matter. The limitation is permitted when it is reasonable under the circumstances and the client provides informed consent.
Latoya Lane hires a lawyer to review and negotiate the terms of a commercial lease but expressly agrees that the lawyer will not handle any related litigation or post-closing disputes. After the lawyer explains the risks of the narrow engagement, Lane gives informed consent in writing. When a dispute later arises over the lease terms, the lawyer declines to represent Lane in court because the scope limitation was reasonable and consented to.
Leonard Lowe retains counsel to investigate an employee theft matter but agrees that the firm will not pursue claims against certain banks already represented by the same firm. The lawyer explains the conflict risk and the client consents to the narrowed scope. When the banks later demand payment, the firm declines to evaluate those claims because the limitation was reasonable and approved in advance.
A lawyer may limit the scope if the limitation is reasonable under the circumstances and the client gives informed consent. The rule requires that the client understand the risks and benefits of the narrowed engagement before agreeing.
Supporting sources
Yes. A lawyer may narrow the representation to matters that do not create a conflict with other clients. Informed consent after full disclosure of the conflict risk is required for the limitation to be effective.
The lawyer may face discipline for violating the duty to abide by the client's decisions concerning the objectives of representation. Any action outside the consented scope risks both ethical violation and potential malpractice exposure.
Supporting sources