In Support of Promoting the Use of Limited Scope Representation in Civil Court Proceedings
Resolution 1: In Support of Promoting the Use of Limited Scope Representation in Civil Court Proceedings
WHEREAS, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have long championed the goal of meaningful access to the justice system for all; and WHEREAS, in 2015, the Conferences adopted Resolution 5, which set the aspirational goal of establishing 100 percent access to effective assistance for essential civil legal needs through a continuum of meaningful and appropriate services, including limited scope legal services; and WHEREAS, middle- and modest-income Americans are often left without an option for legal representation to help address their civil legal needs because they cannot afford to pay the market rate for full attorney representation and do not qualify for legal aid or pro bono services; and WHEREAS, many states have adopted rules authorizing limited scope representation, which allow litigants to access legal services for specific portions of their case — such as court appearances, document preparation, and settlement negotiations; however, in many jurisdictions, these services remain underutilized by the legal community and largely unknown to the general public;
NOW, THEREFORE, BE IT RESOLVED that the Conferences encourage all states, territories, and the District of Columbia to pursue opportunities to expand access to, raise awareness of, and promote the use of limited scope legal services, including but not limited to: proposing new rules authorizing the use of limited scope court appearances, document preparation assistance, and other unbundled legal services where such rules are not already in place; soliciting feedback on existing rules governing limited scope representation, including professional conduct rules, and proposing amendments to reduce practical barriers for practitioners; developing and adopting a standardized suite of court forms for attorneys appearing under limited scope arrangements; creating judicial bench cards, public outreach materials, and other educational resources to raise awareness among judges, attorneys, and the public; coordinating educational programs for judges, lawyers, law students, court staff, and the public on limited scope representation; collecting and reporting data on the number and types of limited scope court appearances in civil proceedings.
BE IT FURTHER RESOLVED that the Conferences urge each of their members to consider establishing a Limited Scope Representation Task Force to lead these efforts, in collaboration with the legal community and other access to justice stakeholders, to raise awareness of unbundled legal services and their role in addressing the justice gap.
BE IT FURTHER RESOLVED that the Conferences urge the National Center for State Courts to identify and share national best practices, and to develop model rules, outreach materials, educational content, forms, and other practical tools to support this work.
Adopted by the Conference of Chief Justices at its 2023 Midyear Meeting on February 13, 2023. Adopted as proposed by the CCJ/COSCA Access and Fairness Committee as a Joint Resolution of the Conferences at the CCJ/COSCA Annual Meeting on August 2, 2023.