09-01.

• Case Date: November 24, 2009
• Court: Kansas

Kansas Ethics Opinions 2009. 09-01. KBA Legal Ethics Opinion No. 09-01November 24, 2009TOPIC : Unbundled Legal ServicesDIGEST: Unbundled legal services are permitted under the Rules of Professional Responsibility, so long as (a) the limited scope of representation and the client's consent are clearly communicated to the client, in writing, (b) any document prepared by the attorney is marked "Prepared with the Assistance of Counsel," and (c) the attorney complies with all other applicable ethical rules.Date of Request: October 2, 2009. REF: KRPC 1.0(f), 1.1, 1.2, 1.4, 3.3(a), 4.2, 5.5, 8.4(a). FACTS: Counsel has inquired (a) whether the Kansas Ethics Advisory Opinion Committee approves the determination in ABA Formal Ethics Opinion 07-446 and (b) the extent to which, if any, the assistance of a lawyer under a limited scope of representation should be disclosed. QUESTIONS: May a Kansas attorney provide "unbundled" legal services and, if so, under what circumstances and with what limitations and requirements? ANALYSIS: Rule 1.2(c), Kansas Rules of Professional Conduct in Kansas(fn1) provides as follows:

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

The term "informed consent" is defined as:

the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct."(fn2)

With a changing economy, there has been a marked increase in the number of people attempting to represent themselves without hiring and paying for a lawyer, particularly in court.(fn3 )Rule 1.2, KRPC was amended in 2007 to address this challenge, and to provide a mechanism for lawyers to provide assistance by means and methods other than the traditional full representation-f u l l fee basis. This change was intended

to provide a framework within which lawyers may expand access to legal services by providing limited but nonetheless valuable legal services to low or moderate-income persons who otherwise would be unable to obtain counsel.(fn4)

The performance of a discrete task by a lawyer has evolved the title "unbundled legal services," to differentiate itself from the traditional concept of full...