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LIMITED ASSISTANCE REPRESENTATION
What is Limited Assistance Representation? Limited Assistance Representation, also known as LAR, permits
qualified attorneys to assist a self represented individual on a
limited basis, without undertaking a full representation of the
client on all issues related to the legal matter. The client
and the qualified attorney enter into a written agreement as to the
scope of the representation, and what specific tasks or issues he/she
agrees to provide to the client. The attorney's appearance in a
matter will be limited to the agreed upon involvement and
representation.
What does Limited Assistance Representation
encompass? The attorney's
involvement and representation of a client in a particular matter is
defined within the agreement, limiting the attorney's role to a
portion or portions of the case. For example, a client may
elect to have an attorney draft pleadings, assist the client in
preparing a pleading, motion, or other document, represent the client
at a particular hearing, and/or provide direction and/or education
regarding specific legal issues related to the case. The client
may want the attorney to represent him/her at a Pre-Trial Conference,
at a hearing on Temporary Orders, or at Trial. In the event the
attorney "ghostwrites," that is assists the client with the
preparation of a motion, pleading, or other document, the attorney
must insert the notation "prepared with assistance of
counsel" on the pleading, motion, or document, but there is no
requirement that an attorney sign the specific pleadings or
documents.
An attorney making such a limited appearance on behalf
of a client must file a specific Notice of Limited Appearance as
designated by the Court, indicating to the court the event to which
the limited appearance pertains, and if such appearance does not
extend to all issues to be addressed at a specific event. The
Notice must also identify the specific issues the attorney will be
addressing.
Upon completion of the representation of the client
within the scope of a limited appearance, the attorney must withdraw
by filing a Notice of Withdrawal of Limited Appearance, including the
client's name, address, and telephone number. A Notice of
Withdrawal of Limited Appearance must be filed for each court event
in which the attorney filed a Notice of Limited Assistance.
If after the attorney files his/her Notice of Withdrawal
of Limited Assistance, he/she is not foreclosed from filing a Notice
of Limited Assistance for another aspect of the case, at a later date
and time. Thus, the client has the ability to obtain legal
representation for certain aspects of the case, as he/she feels
he/she needs, and/or is able to afford, and is able to
"re-retain" the attorney. The client remains
responsible for all other parts of the case.
Are all Attorneys able to provide Limited
Assistance Representation? In order for an attorney to be considered a
"qualified attorney," he or she must complete a
course/information session on Limited Assistance Representation that
is approved by the Chief Justice of the Trial Court Department in
which the attorney seeks to represent a client on a limited
basis. Lists of "qualified attorneys" are available
at the Trial Court website.
Clients are advised to confirm the attorney's eligibility to provide
limited representation prior to entering into any fee agreement.
Is Limited Assistance
Representation permitted in the Massachusetts Courts? Legal Assistance
Representation is available in the Probate & Family Courts in
Massachusetts, having been approved May 2009. The Limited
Assistance Standing Order related to the Probate Court may be found
by clicking here.
Standing Order No.1-11, Limited
Assistance Representation and Substitute Counsel Pilot Project of the
District Court Department, effective January 25, 2011, may be found
by clicking here.
How do I know if Limited
Assistance Representation is right for me and my case? Limited assistance
representation is not appropriate in every case. It provides an
alternative to self-representation for those with limited financial
resources. Anyone interested in such representation is well
advised to consult with an attorney who is a "qualified
attorney," to learn whether he/she may benefit from limited
representation.
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