LIMITED-SCOPE REPRESENTATION ISSUES

Similar documents
DISCIPLINARY PROCESS of the VIRGINIA STATE BAR

All mandatory traffic, non criminal citations, etc., shall be set on the first Wednesday of the month.

LOCAL OPERATING PROCEDURES IMMIGRATION COURT SAN FRANCISCO, CALIFORNIA

Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 993 and House Bill No.

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER n: DISPUTE RESOLUTION

JUDICIAL PRACTICE PREFERENCES FOR CIRCUIT FAMILY

Please check as applies: Manhattan: And/Or White Plains: Habeas Panel Only:

LOCAL RULES OF THE DISTRICT COURT. [Adapted from the Local Rules for the U.S. District Court for the Southern District of Indiana]

Proposed Rules for First Reading page 2. Rule 4.3 Withdrawal page 2. Rule 5.1 Prompt Completion page 5

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules

LOCAL OPERATING PROCEDURES UNITED STATES IMMIGRATION COURT BUFFALO & BATAVIA, NEW YORK

Petitioner,, In Pro Per, and Respondent,, has been retained by Petitioner to advise and counsel Petitioner during the course of the

Rule 26. General Provisions Governing Discovery; Duty of Disclosure [ Proposed Amendment ]

CITY OF CHICAGO BOARD OF ETHICS. AMENDED RULES AND REGULATIONS (Effective January 5, 2017)

FILED: NEW YORK COUNTY CLERK 02/27/ :11 PM INDEX NO /2017 NYSCEF DOC. NO RECEIVED NYSCEF: 02/27/2018

Attorneys are expected to read and follow the Florida Bar Family Section Bounds of Advocacy that can be found at

NASD OFFICE OF HEARING OFFICERS. v. Hearing Officer Andrew H. Perkins. Respondent. INTERIM SCHEDULING AND CASE MANAGEMENT ORDER

Case GLT Doc 644 Filed 06/30/17 Entered 06/30/17 13:52:10 FILED Desc Main Document Page 1 of 20

Re: Judicial Advisory Opinion No.04-01

Ch. 499a REPRESENTATION BEFORE THE BOARD a.1. CHAPTER 499a. REPRESENTATION BEFORE THE BOARD

Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals

THE COLORADO RULES OF CIVIL PROCEDURE FOR COURTS OF RECORD IN COLORADO CHAPTER 10 GENERAL PROVISIONS

JUDICIAL PRACTICE PREFERENCES FOR CIRCUIT FAMILY SECTION 17

ETHICS OPINION

Case 1:14-cv RMB-JS Document 38 Filed 06/28/16 Page 1 of 17 PageID: 241

LOCAL RULES OF THE SUPERIOR COURT OF GUAM. GENERAL RULES (Promulgation Order No , Eff. June 1, 2007)

Executive Order No. 131

Case Document 23 Filed in TXSB on 06/18/13 Page 1 of 14 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -PART 47

PMI MEMBER ETHICAL STANDARDS MEMBER CODE OF ETHICS

EIGHTEENTH JUDICIAL CIRCUIT SEMINOLE COUNTY CIVIL/FAMILY DIVISION L PROCEDURES AND PRACTICES JUDGE DONNA L. MCINTOSH

Case 1:05-cv IMK-JSK Document 338 Filed 07/02/2008 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA

Case 1:15-cv LTS Document 29 Filed 03/11/16 Page 1 of 7

ADVISORY OPINION To: [John] Re: Case No A, Lobbying Date: August 24, 2001

19 th Judicial Circuit Court Judge Janet Croom Guidelines and Procedures. Circuit Civil Jury Division (Updated: September, 2017)

TIA Procedures for American National Standards (PANS)

Draft Rules on Privacy and Access to Court Records

Qualified Retirement Plan Setup Form

14 th JUDICIAL DISTRICT DISTRICT COURT DIVISION GENERAL CIVIL RULES

Rule 1A:8. Military Spouse Provisional Admission.

Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018

RULES OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT CHAPTER MEDIATION AND HEARING PROCEDURES TABLE OF CONTENTS

IN THE SUPREME COURT OF VIRGINIA AT RICHMOND IN THE MATTER OF SUPREME COURT RULES PART 6, II, RULES OF PROFESSIONAL CONDUCT 1.10 AND 5.

SUPREME COURT - NASSAU COUNTY - IAS PART 56 PART RULES & PROCEDURES

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

CALENDAR Q. JUDGE PATRICK J. SHERLOCK 2007 RICHARD J. DALEY CENTER CHICAGO, ILLINOIS fax

* * * VIRGINIA: Rule 1 :5. Counsel and Parties Appearing Without Counsel.

IN THE SUPREME COURT OF THE COMMONWEALm OF THE NORTHERN MARIANA ISLANDS

STATE OF FLORIDA Ninth Judicial Circuit of Florida

RULES OF SUPREME COURT OF VIRGINIA PART ONE RULES APPLICABLE TO ALL PROCEEDINGS

Ch. 2 ADMINISTRATION AND BUDGET OFFICES CHAPTER 2. OFFICES OF ADMINISTRATION AND THE BUDGET

Texas Rules of Civil Procedure Part V. When it is concerning matters of law, go first to the specific then to the general

Report of the. Supreme Court. Criminal Practice Committee Term

PART III GENERAL INFORMATION, INSTRUCTIONS AND CONDITIONS FOR BIDDERS

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013]

PART RULES HONORABLE MARIA G. ROSA New York State Supreme Court Dutchess County Supreme Court 10 Market Street Poughkeepsie, New York 12601

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - PART 8

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

Guide to Qualifying San Francisco Initiative Measures. June 5, 2018, Consolidated Direct Primary Election. City Hall, Room 48, San Francisco, CA 94102

HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47

APPENDIX C OFFICE OF STUDENT CONDUCT RESOLUTION PROCEDURE

1. Q: My motion was denied by the Office of Foreclosure for improper Notice of

ILO Constitution. Whereas universal and lasting peace can be established only if it is based upon social justice;

Amended by Order dated June 21, 2013; effective July 1, RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION

Form DC-428 WARRANT IN DEBT INTERPLEADER Form DC-428

FILED: NEW YORK COUNTY CLERK 02/13/ :25 PM INDEX NO /2012 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 02/13/2017

Industrial Relations (Child Employment) Act 2006 No 96

SUMMARY JURY TRIALS IN NORTH CAROLINA

AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS BOARD OF REVIEW RULES OF PROCEDURE

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER

Should the Raising of Transactionally-Related Counterclaims Be a Required Part of Defendant's Answer in Virginia Practice

PMI MEMBER ETHICAL STANDARDS MEMBER ETHICS CASE PROCEDURES

CITY OF RICHMOND PERFORMANCE BOND

Third District Court of Appeal State of Florida

CHAPTER LOBBYING

STANISLAUS COUNTY PROBATION DEPARTMENT 2215 Blue Gum Avenue Modesto, CA Telephone: Facsimile:

International Swaps and Derivatives Association, Inc. ISDA 2018 U.S. RESOLUTION STAY PROTOCOL

LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B

Rules for NY Workers' Compensation Health Insurers' Match Program (HIMP)

LOCAL COURT RULES. 39th Judicial Circuit

NEBRASKA RULES OF BANKRUPTCY PROCEDURE. Adopted by the United States District Court for the District of Nebraska April 15, 1997

Information or instructions: Motion Consent of Client & Order to substitute counsel PREVIEW

SPECIFIC MEMORANDUM OF AGREEMENT Between

THERE ARE NO SUBMITTED MOTIONS IN THIS PART AND ALL MOTIONS, WITHOUT EXCEPTION, MUST BE ORALLY ARGUED.

herein, counsel will move this Court before the Honorable Denny Chin, United States District

Judicial Council of Virginia. Report to the General Assembly and Supreme Court of Virginia

RULES OF TENNESSEE PUBLIC UTILITY COMMISSION CHAPTER PRACTICE AND PROCEDURE - CONTESTED CASES TABLE OF CONTENTS

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

Standard Operating Procedures. The Honorable Eleanor L. Bush

COURT RULES OF THE HONORABLE RICHARD MOTT, J.S.C. 401 Union Street Columbia County Courthouse (Temporary)

SUPREME COURT OF ARIZONA

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

INFORMATION FOR RESPONDENTS

COMMERCIAL CALENDAR I (Effective January 30, 2012)

CHAD CRAWFORD ROBERSON OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. February 25, 2010 COMMONWEALTH OF VIRGINIA 1

IN THE SUPREME COURT OF TEXAS

Colorado Supreme Court Committee on Rules of Appellate Procedure Thursday, March 4, 2010, 1:30 p.m.

Transcription:

TO: THE BAR AND THE BENCH OF VIRGINIA FROM: Advisory Committee on Rules of Court Judicial Council of Virginia December 1, 2017 LIMITED-SCOPE REPRESENTATION ISSUES Under Virginia Rule of Professional Conduct 1.2 and Legal Ethics Opinion 1874, as in a large number of other states today, an attorney s limited-scope representation of a client (if undertaken after proper explanation, consultation and agreement) is permitted by the Rules of Professional Conduct in the Commonwealth. Such representation may be limited to specific proceedings or issues, for example. The Advisory Committee on Rules of Court has preliminarily concluded that given the fact that limited-scope representation is now permitted ethically it will be important to have Rule of Court provisions that address the practical issues that affect the parties, their counsel, and the administration of litigation in the courts as such limited appearances become more common. At present consideration is being given to this process in civil litigation only. Numerous other states have enacted rules of court dealing with many aspects of this process. The Advisory Committee has studied the rules promulgated in other jurisdictions, and has also adapted suggestions of the Virginia Access to Justice Commission which has concluded that expressly addressing this process in the Rules of Court will increase the availability of legal services to populations that need it. A number of important practical considerations are raised by the practice of limitedscope representation. These fall generally in the ambit of existing Rule 1:5, which deals with appearance and withdrawal by counsel, and pro se litigant participation in court proceedings. The Rule language below sets forth provisions under consideration for a new subpart (f) of Rule 1:5, to deal specifically with limited-scope appearances by counsel. These provisions have not been considered or approved by the Judicial Council of Virginia, or the Supreme Court of Virginia. They are being circulated to invite comments and suggestions from the bench and bar in the Commonwealth, which will be considered by the Advisory Committee on Rules of Court at its meetings in 2018, after which proposed Rule language if any may be recommended. The Rule provisions below are being circulated in line-numbered form to make submission of comments easier. The Advisory Committee requests your help in considering logistical or policy issues limited-scope appearance by counsel may entail for proceedings in the courts of Virginia.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rule 1:5 [new subpart (f)]: (f) Limited Appearance. (1) Generally. (A) When reasonable in the circumstances as provided in Virginia Rule of Professional Conduct 1.2, in a civil action an attorney may undertake limited representation of a party that has given informed consent. (B) Limited scope representation of multiple parties in an action is not permitted. (C) An attorney may not appear solely for the purpose of making evidentiary objections at a trial or hearing. (D) A notice of limited scope representation is not required for (i) providing any person with a legal form, or (ii) services performed by an attorney before any litigation is pending. (E) Counsel performing a limited scope representation shall comply with the standards of ALTERNATIVE #1 for (E) Code 8.01-271.1. (E) Counsel performing a limited scope representation may rely on client representations, ALTERNATIVE #2 for (E) unless the attorney has specific reason to believe that they are false or materially insufficient, in which case the attorney must undertake an inquiry, reasonable in the circumstances, to determine that every paper served or filed is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in compliance with the standards of Code 8.01-271.1. 26 27 28 29 (F) An attorney may prepare papers for submission to a court by a pro se party without filing a notice of appearance and without causing any indication of such assistance to be reflected on the papers. ALTERNATIVE #1 for (F) 30 31 32 33 34 35 36 37 38 (F) If an attorney prepares papers for submission to a court by a pro se party it shall be indicated thereon ALTERNATIVE #2 for (F) that an attorney assisted in their preparation. Such assistance shall not be deemed appearance of record in the action, and counsel need not be identified. (F) If an attorney prepares papers for submission to ALTERNATIVE #3 for (F) a court by a pro se party the attorney shall be identified on the papers by name and contact information with a notation that the attorney has assisted in their preparation.

39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Such assistance shall not be deemed appearance of record in the action, and no notice of limited appearance is required. (F) If an attorney prepares papers for submission to a court by a pro se party the attorney shall be ALTERNATIVE #4 for (F) identified on the papers by name and contact information with a notation that the attorney has assisted in their preparation. Such assistance shall be deemed appearance as counsel of record in the action for all purposes, unless a notice of limited scope representation is filed contemporaneously with such papers. (F)(i) Any attorney who prepares any document that is to be filed in the court by a person who is known by ALTERNATIVE #5 for (F) the attorney, or who is reasonably expected by the attorney, to be proceeding pro se, shall be considered to have entered an appearance in the proceeding for all purposes and shall be subject to all rules that govern attorneys who have formally appeared in the proceeding. (ii) All litigants who are proceeding pro se shall certify in writing and under penalty of perjury that each document filed with the court has not been prepared by, or with the aid of, an attorney or shall identify any attorney who has prepared, or assisted in preparing, the document. (2) Required Notice; Contents. An attorney may make a limited appearance by filing and serving on all parties a notice of limited scope representation. The notice must: (A) be co-signed by the attorney and the party, stating that the party has given informed consent to the limited representation after adequate explanation; (B) state that the attorney and the party have a written agreement that the attorney will provide limited scope representation to the party in the action; (C) specify with reasonable particularity the matters, proceedings, or issues with regard to which the attorney will represent the party; (D) acknowledge that by signing the notice of limited scope appearance the party makes a general appearance on all matters outside the specified limited scope representation of counsel and shall proceed pro se on such matters; and (E) state that counsel and the party have agreed to the provisions of subpart (f)(3) below regarding the manner and effect of service of papers upon counsel and the party. (3) Service on Counsel and the Party. (A) Unless the court orders otherwise, upon the filing of a notice complying with subpart (f)(2) of this Rule, during the period of such limited scope representation service of all papers in the action shall be made upon both the attorney and the represented party, whether or not the issues addressed in the papers are within

78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 the stated scope of the limited representation. Such service shall not extend the attorney s responsibility for representing the party beyond the specific matters, proceedings, or issues identified in the notice of limited scope representation. (B) Unless the certificate of service included in papers received by counsel expressly represents that the represented party has also been served, the attorney shall forward to the client all papers received that are outside the scope of the limited scope representation, along with any available information concerning response or court dates in connection therewith. (C) If an attorney appearing for a limited purpose receives papers or notice of proceedings outside the scope of the limited representation, the attorney must notify the adversaries in writing of that fact and notify the client of the papers relating to such other issues, providing the client to the extent that the attorney has knowledge with client with the deadline(s), if any, for responding to the motion, pleading, discovery, hearing or other proceeding outside the scope of representation, and the date, place and time of any hearing or other proceeding. (D) The signature block on every paper filed throughout the case by counsel pursuant to a limited scope appearance shall recite that counsel is appearing pursuant to a notice of limited appearance of a stated date. (4) Matters Outside the Limited Scope Appearance (A) The attorney appearing under a limited scope representation notice shall not undertake services in the litigation outside the scope of such notice. (B) The attorney and represented party may alter the scope of a limited appearance by filing a revised or substitute notice of limited scope appearance that complies with subpart (f)(2) of this Rule. (C) An attorney who files a pleading, motion paper or other document outside the scope of the limited appearance shall be deemed to have entered a general appearance for the party unless a new or revised notice of limited scope representation is filed contemporaneously with such pleading, motion paper, or other document. (D) Contacts by adversaries or co-parties on matters within the limited scope of representation shall be with counsel making the limited appearance; contacts with the represented party by adversaries or co-parties on matters outside the limited scope of representation shall be in writing, with a copy served upon the attorney making a limited scope appearance for the represented party. (E) Any party may move for clarification of the purpose and scope of the limited appearance. (5) Appearance and Participation at Court Proceedings (A) Both the represented party and the attorney providing services under a notice of limited appearance must attend all court proceedings.

117 118 119 120 121 122 123 124 125 126 127 128 129 130 (B) The court shall be advised of counsel s limited scope representation at the outset of each court appearance. (C) The represented party shall not conduct court proceedings on issues within the scope of the limited appearance. Dual argument on a particular issue by the attorney and the party shall not be permitted. (6) Withdrawal. (A) Counsel who has made a limited appearance may withdraw as provided in subpart (d) of this Rule, after providing notice to the client 10 days in advance. (B) Counsel shall submit a draft order granting leave to withdraw incorporating the identification and service address information required by subparts (d)(2) and (d)(3) of this Rule. If the client has consented in writing to the withdrawal, such consent may in incorporated in the draft order or annexed thereto. (C) Counsel shall advise the court in writing whether services within the scope of the limited appearance agreement with the client have been completed. Request for Input PLEASE SEND YOUR COMMENTS ON THE DRAFT RULE AND ALTERNATIVES BY March 1, 2018 TO Steven L. Dalle Mura, Director of Legal Research or Brandy S. Singleton, Staff Attorney Office of the Executive Secretary Supreme Court of Virginia 100 North 9th Street, Richmond, Virginia 23219 Or via email: proposedrules@vacourts.gov THANK YOU FOR TAKING THE TIME TO CONSIDER THESE IMPORTANT ISSUES.