Friday, March 24, 2023

LIMITED REPRESENTATION AND CPLR 321 (d)


CPLR 321 (d):

"(d) Limited scope appearance. 1. An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes. Whenever an attorney appears for limited purposes, a notice of limited scope appearance shall be filed in addition to any self-represented appearance that the party may have already filed with the court. The notice of limited scope appearance shall be signed by the attorney entering the limited scope appearance and shall define the purposes for which the attorney is appearing. Upon such filing, and unless otherwise directed by the court, the attorney shall be entitled to appear for the defined purposes. 

2. Unless otherwise directed by the court upon a finding of extraordinary circumstances and for good cause shown, upon completion of the purposes for which the attorney has filed a limited scope appearance, the attorney shall file a notice of completion of limited scope appearance which shall constitute the attorney's withdrawal from the action or proceeding."

According to the legislature (Senate Bill S6807, 2021-2022 Legislative Session):  
"According to the 2019 Report of the Advisory Committee on Civil Practice
to the Chief Administrative Judge of the Courts of the State of New
York, this new subdivision would codify authorization for attorneys to
provide limited scope legal assistance, known as a limited scope appear-
ance. In December 2016, the Chief Administrative Judge of the Courts
issued an Administrative Order authorizing limited scope representation
to enhance access to legal services. See A0/285/16.

A limited scope appearance is an attorney-client relationship in which,
by advance agreement of the parties, legal services in a civil action or
proceeding may be provided by attorney to client are limited in scope
and duration to a degree less than full service representation. The
purpose of the Administrative Order was to expand the use of limited
scope legal assistance by properly trained attorneys as a way to broaden
access to civil legal assistance to unrepresented litigants.

Under this proposal, when an attorney appears for a limited purpose, he
or she is required to file a signed notice of limited scope appearance
with the court, which shall define the purpose for which the attorney is
appearing. Upon completion of representation as outlined in the agree-
ment, the attorney must file a notice of completion of limited scope
appearance, which satisfies the attorney's completion and withdrawal
from representation. Such agreements are subject to the discretion of
the court to ensure they are appropriate and adequately satisfied.

The Committee recommended that the limited scope relationship be placed
into statute to help clearly define the scope of this relationship
between attorney and client, and to further encourage the 'use 'of such
an agreement.

Legal service organizations, especially those who utilize pro bono
volunteer attorneys, and their clients, would greatly benefit from this
bill."

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