Limited Representation in Probate Cases Authorized in Massachusetts

The following excerpt is from an order of the Supreme Judicial Court of Massachusetts:

To expand access to the Massachusetts courts, the Supreme Judicial Court has approved the implementation of a Pilot Project on Limited Assistance Representation (Project) developed by the Supreme Judicial Court Steering Committee on Self-Represented Litigants, The Project will permit attorneys to assist a pro se litigant on a limited basis without undertaking a full representation of the client on all issues related to the legal matter for which the attorney is engaged.

The initial impact of this order is described in Marya Lucas, Two Massachusetts Courts Unbundle System hopes to reduce problems from pro se litigants, ABA J. e-Report, Dec. 1, 2006.

The phones are ringing at the Hampden Division of the Probate and Family Court in Springfield, Mass., says First Justice David M. Fuller, as potential litigants seek limited representation for their cases under an 18-month pilot program. * * *

The program began operating at the start of November, and Hampden County now has 56 attorneys trained and prepared to participate. * * *

About 300 attorneys in Massachusetts have received the two-hour training. It involves reviewing sample engagement letters and scenarios that might arise with clients, as well as discussing the meaning of limited representation, says Ilene Mitchell, who is the case manager for the Massachusetts Probate and Family Court Department and helped in the training.

Lawyers performing unbundled legal services may draft pleadings without appearing for the client in court, coach or advise on strategy, conduct negotiations, or argue the case in court.