D.C. Proposes Changes To Limited-Scope Representation Rules

The District of Columbia Court of Appeals is seeking comments concerning proposed revisions to Rule 1.2. 

From the letter of the Bar’s Board of Governors

Proposed D.C. Rule 1.2 would provide:

(a) A lawyer shall reach agreement with the client on the scope and objectives of representation. The agreed scope of representation may be limited to only certain aspects of a matter (rather than a matter in its entirety), if the client has given informed consent and the limitation does not preclude competent representation or violate other Rules.

(b) Within the agreed scope of representation, a lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to paragraphs (d), (e), and (f). andshall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify

Existing Rule l.2(b) would be renumbered as 1.2(c), and existing Rules l.2(d), (e), and (f) would remain the same. Existing Rule l.2(c) would be deleted because the requirements for limited scope representation would now appear in Rule l.2(a). The Board also recommends several amendments to the Comments to Rule l.2 to provide more specific guidance to practitioners providing limited scope services.

Comments due by July 31, 2018. (Mike Frisch)