Tuesday, April 19, 2011

Unbundling Rule Passed by Mississippi Supreme Court

The Mississippi Supreme Court recently handed down a decision to amend the Rules of Professional Conduct as recommended by the Access to Justice Commission. The new amendments will allow lawyers to reasonably limit the scope of representation with informed consent from the client. Limited Scope Representation is an important step towards encouraging representation for low income clients.

When a client is unable to afford full representation or has limited objectives, the attorney may limite the scope of the representation, or "unbundle" the services provided. According to the comments provided by the Court, lawyers will now be able to provide advice, draft pleadings, and assist in preparation for litigation with or without appearing as counsel of record.

The new rule change also makes it less complicatd for attorneys to partipate in non-profit legas services programs. Various organizations offer legal advice hotlines, advice-only clinics or pro se counseling programs, and attorneys may provide limited representation with the client's informed consent. When the circumstances of these clinics do not allow a lawyer to screen for conflicts and the lawyer is unaware of a conflict for him or his form, the lawyers firm will not be procluded from representind a client with adverse interests.

To learn more about the new rule, please read more here. http://www.mssc.state.ms.us/Images/Opinions/167214.pdf

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