Models for Organizing or Expanding Pro Bono Programs
• Limited Scope Representation Panel Model
The 7th Judicial Circuit (Clay County) has established a referral list to connect family law litigants of modest means with lawyers offering limited scope representation.
Pro se litigants often have little knowledge about the variety of ways they can obtain the assistance of a lawyer and frequently assume they cannot afford legal services without paying a significant retainer up front. Rule 4 now facilitates the ability of the lawyer and client to enter financial arrangements for legal services in a number of ways, making legal services accessible to people of more modest means. Connecting people seeking legal assistance with lawyers willing to consider engagement for performance of discrete tasks was a problem. The 7th circuit's court services division in collaboration with the Clay County Bar Association created a list of lawyers who would consider limited scope representation of clients. Compliance requirements under Rule 4-9.1 were discussed with the Office of Chief Disciplinary Counsel. The concept was supported by local bar leadership for development of a list administered by court services. The list was created in the summer of 2009.
To be eligible for a listing, a lawyer must be licensed and in good standing as a member of The Missouri Bar and maintain an office address in Clay County. No fee is charged for a listing, administration of the list, or referrals. Lawyers may indicate whether they are offering services in any or all of four categories: office consultation, document preparation and review, representation for specific tasks or issues, and full representation. The lawyer establishes his or her own fees. Litigants provided with the list are encouraged to engage in frank discussion of fees with the lawyer.
The list is distributed in a number of ways. The list is made available to pro se litigants during their appearance for their pre-trial conference. The list is provided on request to persons contacting court services seeking legal assistance. The list may be obtained by making a request on the circuit courts' website.
Since August 2009, some legal services were retained in 43 percent of dissolution cases originally filed pro se. A limited appearance in court was made by counsel in about one-third of the cases. During the period ending in February 2010, the percentage of pro se dissolutions reaching completion climbed to 56 percent.
For more information about the Clay County Limited Scope Representation Panel, contact Kathleen Bird, Director, Office of Dispute Resolution, 7th Judicial Circuit, 351 East Kansas St., Liberty, MO 64068, at (816) 736-8402 or kathleen.bird@courts.mo.gov.
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