What is Limited Assistance Representation or LAR?
What is Limited Assistance Representation?
LAR is a way that an attorney can help you with part of your case while you do the rest of your case. For example:
You can consult with an attorney to prepare or review your paperwork but attend the hearing yourself;
You can represent yourself through the whole case and periodically consult with an attorney who can coach you on the law, procedures and strategy;
You can do the preparation yourself and hire an attorney just to make the court appearance for you;
You can do your own investigation of the facts (“Discovery”) and ask the attorney to assist you in putting the information in a format which is useful to the court; and
You can ask the attorney to be on “standby” while you attend the settlement conference yourself.
With LAR, you may be able to handle the whole case yourself, except for a few technical areas where the attorney can help you. It really is between you and the attorney to determine how much of your case you hire the attorney to do. If you choose LAR, it is important to keep returning to the same attorney. Otherwise, you are paying a new person to get up to speed on your case each time that you consult.
Some areas of the law are extremely technical, and it is rare for non-attorneys to effectively handle them. You will almost certainly need the assistance of an attorney if your case involves any of these issues.
Why is it important to discuss your case thoroughly with your attorney?
It is important to thoroughly discuss ALL ASPECTS of your case (even those which you think are simple) with your attorney before deciding which parts you want to do yourself and which ones the attorney will assist you with. It is equally important to realize that there may be important issues presented by your case that you are not even aware of. You could be at serious legal risk about an issue you do not even realize exists.
Sometimes new issues will pop up after your case is started. If they do, it is important to discuss them with your attorney, so that you know the potential legal consequences. Remember that your attorney can only advise you on matters you tell them about, so it is essential that you provide complete information about your case.
Basic Types of Limited Assistance Representation
There are three basic types of LAR:
- Document Preparation: An attorney may provide LAR in the form of preparing documents, including pleadings and motions, a practice commonly referred to as “ghostwriting.” The SJC order does not require the attorney to sign the document, but it does require the attorney to note on the document “prepared with assistance of counsel.”
- Representation in Court: An attorney may provide limited assistance in the form of one or more court appearances. For this type of limited representation, the SJC order requires the filing and service of a Notice of Limited Appearance. There are also special instructions for documents filed by attorneys making a limited appearance.
- Advice and Counsel: An attorney may provide limited assistance in the form of advice and counsel, a practice that is unchanged by SJC order.
LAR does not mean limited liability. The attorney remains responsible for the conduct of all the tasks which they undertake, whether in the context of full service or limited scope. This means that, within the confines of the limitation on scope, the attorney still owes the client full duties of loyalty, confidentiality, and competence. For that reason, attorneys must still keep careful conflict records. Confidentiality applies, even as to those matters which are outside the scope of the limited representation. And, of course, there is never a waiver of the duty of competence. Once the attorney and the client have agreed on which portions the attorney will undertake, the duty of care for that limited portion is the same as it would be for those same professional activities in the context of full service representation.
An important difference from full service representation is the requirement that the attorney advise the client of various limitations of limited legal assistance.
Limited Assistance Without Court Appearance
Most limited assistance representation arrangements do not require the attorney to go to court or put his or her name on the court papers. Massachusetts has a specific rule of court which states that attorneys who “ghostwrite” pleadings do not have to disclose their names. This will not be an issue in most cases where the attorney will be working behind the scenes, advising the client, gathering and organizing information, drafting documents and memos, and instructing the client on procedures and settlement negotiations.
Limited Assistance Representation with Court Appearance
Sometimes the nature of the assignment will require that the attorney appear in court on behalf of the client. There are specific rules which govern how this is done.
A notice of limited appearance needs to be filed with the court and served on the opposing party if the attorney is appearing of record on a limited appearance basis in Massachusetts. Sometimes the attorney will be appearing only for a single hearing. Other times, the attorney will be handling an entire issue or event, while the client represents him or herself on others. If the attorney is involved in this kind of representation agreement, the logistics can be tricky, especially if it is difficult to separate the “attorney” issue from the one the client is responsible for. This should be thoroughly reviewed as part of the initial interview, when the determination whether limited scope is suited to the case or not. If the issue or task the client needs an attorney’s help on is inextricably intertwined with one the client wants to handle, the purpose of limited scope may well be defeated. On the other hand, if the issue can be either bifurcated or heard first, the attorney will be excused after their part is done.