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 and the Conference of State Court Administrators 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 them address their civil legal needs because they cannot afford to pay the market rate for full attorney representation and they 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 limited scope legal services for the most vital portions of their cases including court appearances, document preparation, and settlement negotiations; however, in many places limited scope representation remains underutilized by the legal community and largely unknown by 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, any of the following:
- Proposing new rules authorizing the use of limited scope court appearances, document preparation assistance, and other unbundled legal services, if such rules are not already in place;
- Soliciting feedback on existing rules that govern limited scope representation, including rules of professional conduct, and proposing necessary amendments to remove or reduce practical barriers that may deter or prevent practitioners from offering limited scope services;
- Developing and adopting a suite of standardized court forms to be used by attorneys appearing in court for limited scope court appearances;
- Creating judicial bench cards, public-facing outreach materials, and other educational resources to raise awareness among members of the judiciary, the bar, and the general public about limited scope representation;
- Coordinating educational programs for members of the judiciary, members of the bar, law students, court staff, and members of the public about limited scope representation; and
- Collecting and reporting data on the number and types of limited scope court appearances in civil proceedings; and
BE IT FURTHER RESOLVED, that the Conferences urge each of its members to consider establishing a Limited Scope Representation Task Force to lead these efforts and to work 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; and
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 and educational materials, forms, and other practical resources to further 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.