Limited scope representation, also called unbundled representation, has become widespread and widely used over the past three decades. While the American Bar Association has amended its model rules to expressly permit such representation, it failed to amend its model rules governing withdrawal. Some states have been more proactive than others in confronting potential withdrawal issues in limited scope representation. Those states that have attempted to remedy the withdrawal/termination issues have created specific rules governing limited scope engagements allowing for easier withdrawal by attorneys in such matters. Neither New York nor the American Bar Association have promulgated rules (or model rules) specifying a specific standard for the withdrawal from representation by limited scope attorneys. A more universal adoption of separate rules specifically governing withdrawal from limited scope representations is necessary to encourage more attorneys to take on such matters.
Lianne S. Pinchuk,
Limited Scope Lottery: Playing the Odds on Your Ability to Withdraw,
85 Brook. L. Rev.
Available at: https://brooklynworks.brooklaw.edu/blr/vol85/iss3/3