Tuesday, July 9, 2013

Benefits of a Limited Assistance Representation Agreement with your Family Law Attorney

Limited Assistance Representation
Limited Assistance Representation (LAR) is when an attorney represents or assists your with part, but not all, your case. You enter into a detailed agreement with the attorney defining what tasks the attorney will be responsible for and what tasks you will be responsible for. This arrangement benefits many people who need representation for some, but not all of their case. It is also a great way to "pay as you go" with an attorney because you can enter into agreements with your attorney to represent you at different stages or court hearings. You can also save a lot in legal fees because you may not have to pay an attorney to do the legwork, but you can have the benefit of an attorney advising you of what you need to do.

Limited Assistance Representation can help those who cannot afford to pay an attorney for the entire case, but know that they would benefit from having legal representation along the way.

It is your decision whether you should hire an attorney, but if you chose to represent yourself and be what is called a "pro se" litigant, the Judge and Court Personnel are not allowed to give you special consideration or legal advice. Even if one party is represented by an attorney while you are not, the Court must remain impartial in your case and you are expected to learn the relevant law and procedure. If you aren't confident that you can adequately represent yourself or learn the relevant law and procedures, then you should hire an attorney. The Court cannot relax the rules of evidence to benefit a pro se litigant because the other party has an attorney.

How can an attorney help me in Limited Assistance Representation?
1). An attorney can help you is by coaching the litigant outside of court on what the law is and what the rules of procedure are without ever having to have the attorney go to court with you.
2). An attorney can draft documents for you without ever filing an appearance in court or going to court with you. This is called "ghostwriting" and the attorney must write on the document that it was prepared with assistance of counsel. This is particularly helpful to ensure that your documents are drafted properly and are persuasively written.
3). The attorney can also appear in court with you for part of the entire case, for example only going to court with you for the pretrial conference. In this case, the attorney needs to file a Notice of Limited Appearance in court describing the issue or event the attorney is representing you on and the attorney will have you sign the appearance as well. After the issue or event is complete, the attorney must file a Notice of Withdrawal of Limited Appearance. Further representation at court appearances and events on the case will require a new agreement between you and the attorney.


Regardless of whether you hire a LAR attorney or you hire an attorney for full representation on the case, your attorney must follow all ethical rules and standards of professional responsibility. The requirements of zealous advocacy, confidentiality, avoiding conflicts of interest, etc. always apply in an attorney-client relationship.


Regarding your personal situation, you should consult an attorney for advice. This site is not, nor is it intended to be, legal advice nor is the information you obtain here. Please feel free to get in touch with us and we will gladly welcome your emails, letters and calls. This does not create an attorney-client relationship. Please, until we have established an attorney-client relationship, do not pass along any confidential information to us.

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