D.C. Considers Rule 1.2 Amendments On Scope Of Representation

From the web page of the District of Columbia Bar

The D.C. Bar Rules of Professional Conduct Review Committee (committee) is currently soliciting public comment from members of the Bar on its final draft report and recommendation to amend D.C. Rules of Professional Conduct 1.2 (Scope of Representation). Comments are due by close of business on Friday, March 13, 2015.

In April 2013, the Limited Scope Working Group (Working Group), a joint project of the D.C. Access to Justice Commission and the D.C. Bar Pro Bono Program, issued a report recommending action by the Superior Court of the District of Columbia, the D.C. Bar, and prospective limited-scope lawyers and clients to help increase access to justice through the provision of limited-scope services to underserved communities.  Because the Working Group’s report included a recommendation seeking revisions to the D.C. Rules of Professional Conduct, the report was submitted to the Rules Review Committee for its consideration in May 2013.

After careful consideration of D.C. Rule 1.2 and the Working Group’s report, the committee recommends amendments to Rule 1.2 and Comments to provide more clarity and guidance to lawyers who engage in limited-scope practice to help facilitate access to justice through the provision of limited-scope legal services by members of the D.C. Bar.  In addition, the committee recommends a more comprehensive amendment to Rule 1.2 that will affect the provision of all legal services, including limited-scope legal services. Before submission to the D.C. Bar Board of Governors, the committee requests public comment on the amendments proposed in its final draft report.

The committee recommends that Rule 1.2 be amended (1) to require lawyer–client agreement about the scope and objectives of a representation at the onset of representation, and (2) to affirm and clarify that when a client gives informed consent, the scope of a representation may be limited to only certain aspects of a matter, rather than the matter in its entirety, if the limitation does not preclude competent representation or violate other Rules. The committee also recommends amendments to the Comments to provide more guidance to lawyers providing limited-scope representations pursuant to Rule 1.2.

Read more about this call for public comment, including the committee’s final draft report and recommendations and the April 2013 Report of the Limited Scope Working Group.

Written comments should be submitted by e-mail to ethics@dcbar.org, or to the Rules Review Committee, c/o Hope C. Todd, District of Columbia Bar, 1101 K Street NW, Suite 200, Washington, DC 20005, not later than March 13.  For hard copies of the report, please contact LaJuan Evans at 202-737-4700, ext. 3341.

(Mike Frisch)