Panel proposes unbundled legal services rules: for use by family law practitioners.

Attorneys entering into agreements for limited representation with clients would have to get those agreements in writing under proposed new rules from a special Bar committee.

The final report of the Unbundled Legal Services Special Committee II has been submitted to the Board of Governors and has drawn varying comments from Bar and legal groups.

The committee was created last April by former Bar President Terry Russell at the request of the Florida Supreme Court. The court was following up on the report of the first unbundled services committee, which said there was a need for limited, or unbundled, representation in family law work but that current Bar rules don't allow it. That panel recommended the Family Law Rules Committee address a proposed new Family Law Rule 12.040 which addressed limited attorney representation, including notification requirements.

The Supreme Court, however, wrote Russell and asked him to appoint another committee specifically to draft rules for unbundled services. The court noted it was not prejudging the issue, but wanted to have something in writing when it addressed the matter.

The committee's final report noted it published preliminary rules in the July 15 Bar News and those were somewhat changed in the final report. The official notice stated that the rules were subject to change before submission to the board.

The committee's recommendations include:

* Even though Rule 4-1.2 does not preclude unbundled services, the committee recommended clarifying the rule to specifically say it is allowed. "The comment language makes it clear that the limitation must be reasonable, gives examples of permissible limitations, and clarifies that an attorney-client relationship is formed under a limited representation thereby invoking all of the ethical obligations and duties imposed by the Rules Regulating The Florida Bar," the report said.

* Rule 4-4.2 amendments would clarify how to communicate with an opposing party who has engaged an attorney for limited services. "The person is considered to be unrepresented unless opposing counsel has received a written notice of appearance or a written notice setting forth the time period during which opposing counsel is to communicate with the limited representation lawyer about the matters within the scope of the representation," the report said. The language is based on a proposed rule from Washington state. A similar change also was proposed to Rule 4-4.3.

* Approving a new Rule...