How do clients get counsel when they cannot afford to pay a significant retainer? This is a problem faced by thousands of clients each year that needs to be addressed.
Access to justice has always been a concern faced by the judiciary and bar. Clients at low-income levels are served by local Court clinics and Legal Aid. Clients with sufficient income can retain attorneys. But who is there to provide legal services for those caught in the middle?
The Hamilton County Domestic Relations Court Clinic, being very aware of this issue, convened the court administrators of the Hamilton County Juvenile Court, First Appellate District, Legal Aid, University of Cincinnati Law Clinic program and the CBA Lawyer Referral Service to see if, as a group, a solution could be found for the problem.
After much debate and many meetings, this group of Hamilton County professionals found a possible answer. The Ohio Rules of Professional Conduct have allowed for limited scope representation or unbundled legal services since 2007, but it has not seen much traction. The Ohio State Bar Association highlighted limited scope representation in their Jan-Mar 2022 issue of Ohio Lawyer, and other Bar Associations, including Akron and Cleveland, have jumped on board to feature limited scope referrals. With limited scope being brought into the spotlight, it was determined the solution to delivering legal services to those “in the middle” may well be limited scope representation in Cincinnati.
The key to limited scope is that the client and attorney clearly define the scope of representation the client wants or needs, and a retainer agreement will define counsel’s role in the matter. In speaking to attorneys who do limited scope work, I have ascertained that it is a boon to their business model. Attorneys are meeting clients where they are, and it has provided a sound source of referrals. Attorneys have also indicated that their clients are satisfied as it provides a financially sound way to retain counsel.
Happy client, happy lawyer. Problem solved.
To facilitate these services, the Hamilton County working group proposed the creation of a Limited Scope Panel, under the umbrella of the Lawyer Referral Service, to the CBA Board of Trustees. Attorneys, qualified in specific areas such as domestic relations, juvenile law, probate, and appellate law, can be referred cases which will be limited in scope. Qualified CBA members interested in joining the limited scope referral panels will be offered free panel membership for the first year and a free training CLE on December 7 at the CBA.
Please contact Jamie Shiverdecker for more information: jshiverdecker@cincybar.org.