The bar has been rightfully concerned with the need to expand access and increase affordability for legal services. One way the legal community in Virginia has done this is by recently passing an amendment to court rules allowing attorneys to enter into limited appearances in litigated cases. Rule 1.5 of the Virginia Supreme Court now includes a procedure for attorneys to enter limited appearance on behalf of their clients.
What is limited appearance?
What does this mean? It means that an attorney can be retained to represent a client on a single motion, appearance or for a limited duration in an active civil court case. This would presumably help the client with difficult matters inside an active case that he or she cannot handle while not having to go through the expense of retaining an attorney through to conclusion. This is supposed to be a win-win for both client and attorney; the client gets an attorney for important issues inside of cases and attorneys are now more affordable to a broader swath of people.
But is it good for the client? Well, perhaps not. Following are some of the risks of pursuing a limited appearance.
Risk #1: It requires approval
First, the attorney must get approval of the arrangement by the court in advance. If the court finds, for example, the case too complex and the limited appearance difficult to remain narrowly focused on a single issue then the limited appearance may not be approved. A client is left with defeated expectations. The attorney, on the other hand, is left having lost before he or she has begun his appearance.
Risk #2: Limited appearance means limited counsel
Second, even if you satisfy the procedural requirements, then what kind of advice should a client hope to obtain from the “limited appearance attorney?” Will it be tailored to succeed on the merits of the motion or deposition or will the attorney counsel with an eye on the bigger picture? Ethics have guidance regarding this scenario, but the circumscribed nature of the relationship can blind both client and attorney on what the goals of the representation should be. And that’s the crux of the issue, attorneys provide counsel. Limiting appearances treat the guidance attorneys provide as more of a commodity that you can plug in or out on demand. Cases are dynamic; advice that is appropriate at one moment can become totally inappropriate the next.
Risk #3: It may cost more than you expect
Thirdly, the procedural requirements of limited appearance are not insignificant. Besides obtaining leave of court to enter a limited appearance, the attorney must provide notice of completion of the limited appearance at the end. If an objection is filed, then a hearing must be conducted to determine if the conditions of representation have been completed. The client, the court and opposing counsel must be noticed. All this is to say that it may be costly and burdensome for both client and attorney to end the relationship if complications arise.
The limited appearance does not look to threaten the predominance of the more traditional “full” appearance model, but it has its own set of challenges. And before engaging an attorney on a limited basis, perhaps examine whether the arrangement is right for you and your particular case. Attorneys should examine the appropriateness of it before engaging the client as well.
Are you unsure whether you should pursue a full appearance or a limited appearance from an attorney? Reach out to Jabaly Law for a consultation to talk about your specific situation. A skilled and strategic attorney can help you understand the risks or benefits for your case.
