Summer 2016 | Page 26

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. 26 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