Limited Scope Representation and Access to Justice
Last Friday, the Law Bulletin reported that the Illinois Supreme Court has adopted rule changes to clarify and expand limited scope representation. The Illinois State Bar Association also reported on the change. Limited scope representation happens when a person hires an attorney to handle only part of their legal matter. It’s commonly referred to as “unbundling legal services” and it happens when, for instance, couples mediate a divorce settlement, but each person has his or her own attorney review the settlement before signing it.
The changes adopted by the Illinois Supreme Court affect Rules 11, 13, and 137. The change to Rule 11 requires the service of all documents be made on both the party and the attorney while the limited representation is in effect. Most of the changes are to Rule 13 and ease the process of entering the limited appearance and then withdrawing, making withdrawal automatic in some cases. By facilitating limited scope representation, these rule changes make it easier for people who cannot afford legal services—but may not qualify for legal aid—to get assistance with their legal problems and help attorneys who want to assist underserved communities but find it hard to do so cost-effectively or face time constraints on their pro bono hours. The change to Rule 137 allows an attorney to assist a self-represented person by drafting or reviewing a legal document without making an appearance on that person’s behalf. This clarifies that attorneys may assist persons with forms and form pleadings without signing them or entering an appearance on that person’s behalf.
One thing the rule changes do is allow attorneys more leeway to review or draft documents to initiate a lawsuit on behalf of a client without committing them to the duration of the litigation. When complaints and summonses are adequate from the very beginning both courts and pro se litigants are spared frustration and delay in reaching the merits of their complaints. Not only does limited scope representation allow attorneys to better manage workloads and balance the costs of litigation against the means of clients to pay, it also makes it easier for attorneys to provide short-term, but meaningful, pro bono assistance.
Chicago Appleseed and the Chicago Council of Lawyers believe this rule change will improve access to justice in Illinois and hopes more attorneys will be able and willing to provide pro bono and limited scope representation services under the new rules. In our research into the family courts over the past year, we have heard from judges and practitioners that the courts and available legal aid services are overwhelmed by existing demand. Much of our research into innovations in other jurisdictions has focused on case management services for unrepresented persons and systems for assisting those who cannot afford representation. Since family court cases have a high rate of re-litigation, as children age and custody arrangements need adjustment or as family circumstance change and support awards need modification, limited scope representation is tailor-made to facilitate greater access to representation by parents in family courts. These rule changes offer an excellent framework for creative solutions in offering legal representation. We applaud these rule changes.