99-5.

Case DateAugust 03, 1999
CourtKansas
Kansas Ethics Opinion 1999. 99-5. August 3, 1999.KBA Legal Ethics Opinion No. 99-5TOPIC: Scope of Representation; legal services contracts; continuation of matters without client presence. DIGEST: Lawyers may limit the scope of their representation of a client to include a clause in their agreements for legal services that clients will keep the attorney reasonably apprised of the client's address and phone numbers. Date of Request: May 20, 1999; released August 3, 1999. Reference: KRPC 1.2, 1.3, 1.5, 1.6, 1.16. FACTS Senate bill 150 in the 1999 Kansas legislature sought to insert new language into statutes governing litigation of child custody matters requiring that if a party to a custody or visitation matter appeals a district court order and does not verify and sign each and every appellate document, including briefs of counsel, the appeal is instantly dismissed with prejudice for want of prosecution. The bill did not pass. However, this portion of this controversial family law bill was perceived as an overreaction by appellee-parties when the appellant has left town and left no forwarding address or valid instructions to counsel on whether to proceed with an appeal. An example is when an attorney who has lost track of client filed an appeal in a custody matter and oral arguments are pending in the Supreme Court but, in each instance, the client is unavailable for consultation. The proponents of the legislation were concerned that some attorneys, without consulting their client and to avoid a later malpractice claim, proceeds with an appeal to the detriment of the other party. QUESTIONS While a lawyer cannot limit contractually any malpractice liability to a client, can the lawyer at the beginning of the representation condition KRPC 1.2 Scope of Representation matters on client's failure to provide new addresses and phone numbers? ANALYSIS The first sentence of the Preamble regarding the Kansas Rules of Professional Conduct states "A lawyer is a representative of clients, an officer of the legal system, and a public official having special responsibility for the quality of justice." In response to those three "hats," the disciplinary rules regulate how we conduct our profession in those roles. KRPC 1.2 defines part of that role, stating, "(a) A lawyer shall abide by a client's decisions concerning the objectives of representation...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT