The legal profession is committed to increasing access to justice by helping people resolve disputes that they cannot resolve on their own. While the level of commitment is high, there are gaps in legal representation that come from a lack of understanding when a lawyer is needed, the type of legal services lawyers can perform, the costs of legal representation, and the funding available for legal services providers.

The Supreme Court of Ohio and the Ohio Board of Professional Conduct have compiled resources to help lawyers and those in need of legal services to understand the types of legal representation, what to expect when hiring a lawyer, and the costs associated with securing legal services.

When a Lawyer Is Needed
One primary consideration in deciding whether to seek legal representation is whether the case involves complex legal issues that may require someone with a high degree of legal education and skill. The Ohio Rules of Professional Conduct require lawyers to be competent in the area of law in which they offer legal services.

Consulting with a lawyer or legal aid office in the earliest possible stage of a legal dispute may bring about a more expedient and satisfactory resolution. An initial consultation can also provide valuable information about the complexity of the case and whether parts of the case can be handled by the litigant. In some cases, the problem can be divided into various tasks, some managed by the self-represented litigant and others needing the assistance of a lawyer.

The Work Lawyers Perform
When a client hires a lawyer, the lawyer typically performs all the legal services necessary to resolve the client’s legal issue, from fact gathering and legal research to drafting documents and representing the client in court.

There is another approach that can be useful when encountering issues involving consumer matters, shelter and housing, loans, access to government benefits, and certain family law issues. The approach is referred to as “limited scope representation” and is also known as the “unbundling” of legal services – when a lawyer and client agree to work together on a specific portion of a legal matter. Limited scope can narrow the lawyer’s focus to what clients need most, can be less costly than full representation, and can ensure that a lawyer assists people representing themselves during the more difficult or confusing stages of a case. Because of the limited scope, legal costs are typically lower, which is helpful to people relying on legal aid services or with a limited ability to pay.

When unbundling services, the lawyer has a duty to alert the client to legal issues that are reasonably apparent. Regardless of the scope of representation, lawyers owe the same duties of competence, diligence, loyalty, promptness, communication, and confidentiality to all clients.

Costs of Legal Representation
There are three types of fee arrangements for legal services: a fixed fee, an hourly fee, or a contingency fee. Whatever the fee arrangement, it should be discussed at the start of the lawyer-client relationship and set forth in a written agreement acknowledged by the lawyer and client.

Fixed fee – sometimes referred to as “flat fee agreement.” The lawyer agrees to provide a specific legal service and the total cost of the work is agreed on in advance. For certain types of legal work, the lawyer can estimate the time involved to accomplish the work and the client knows in advance the total cost of the legal work.

Hourly fee – the most common way to pay for legal services. There are many variables in any legal case. And things can change as more information comes to light. Hourly fees are based on three main factors: time and labor required to perform the legal work; the “going rate” or customary fee for similar work in the location where it is performed; and the experience and ability of the person performing the services.

Contingency fee – for certain types of litigation, such as personal injury or negligence cases. This fee is based on the outcome of the case: If a plaintiff wins the lawsuit or receives a settlement, the law firm is entitled to a percentage of the amount recovered. Either way, the law firm is typically reimbursed for the expenses of preparing the case.

A Written Agreement
Regardless of the reason for hiring a lawyer, the scope of the legal work, or the fee structure, the Board of Professional Conduct recommends a written agreement at the start of the legal representation to avoid confusion or misunderstanding. A written agreement should include the hourly rate charged by the lawyer and what may trigger an amendment to the agreement or the fee structure.

In the case of limited scope representation, the written agreement should include a checklist of the tasks that will be handled by the client and by the lawyer, as well as an acknowledgement that the differences between full and limited scope representation were discussed.

Resources for Further Guidance
The Children & Families Section of the Supreme Court of Ohio has developed an online resource about Limited Scope Representation so that people who may not otherwise be able to afford a lawyer can get legal help and cases can move forward in court.

This resource is divided by audience with information specific to lawyers, litigants, and courts. Courts, local bar associations, and legal aid organizations are encouraged to link to this resource from their websites.

For Lawyers: This section focuses on what is permissible within the Rules of Professional Conduct and Rules of Civil Procedure. It discusses strategies for how to engage in limited scope representation, communicating with the client and the court, and terminating representation. Sample engagement letters, checklists, and court notices are included.

For the Public: This section, written in plain language, provides an overview of the benefits to litigants in using limited scope representation, as well as example case types where it may be appropriate. The resource provides sample questions for a litigant to ask a lawyer, engagement letters, and checklists.

For Courts:This section outlines the benefits of limited scope representation for courts, highlights ways that courts may use limited scope representation (such as help centers, legal clinics, hotlines), and identifies strategies for encouraging lawyers to utilize limited scope representation.

The Supreme Court worked with the Ohio State Bar Association along with representatives from the Ohio Access to Justice Foundation, Ohio Legal Help, Akron Bar Association, Legal Aid Society of Columbus, and Office of Disciplinary Counsel to create this resource. Judicial officers and lawyers also participated.

In addition, the Board of Professional Conduct offers an Ethics Guide on Limited Scope Representation. The guide provides a broad perspective on limited scope representation, a lawyer’s duties under the professional conduct rules, and practical advice for lawyers for offering limited scope services.

With these tools, lawyers and potential clients can find the appropriate level of legal representation that best meets the clients’ needs.