BILL NUMBER: S6807

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to limited
scope appearances

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows an attorney to represent their client in a civil action
or proceeding for limited purposes by filing a notice of limited scope
appearance.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill allows an attorney to represent their client in a
civil action or proceeding under limited purposes by filing a notice of
limited appearance to the court and, at the conclusion, filing a notice
of completion of limited scope appearance.

Section 2 sets the effective date.
              

 
JUSTIFICATION:

According to the 2019 Report of the Advisory Committee on Civil Practice
to the Chief Administrative Judge of the Courts of the State of New
York, this new subdivision would codify authorization for attorneys to
provide limited scope legal assistance, known as a limited scope appear-
ance. In December 2016, the Chief Administrative Judge of the Courts
issued an Administrative Order authorizing limited scope representation
to enhance access to legal services. See A0/285/16.

A limited scope appearance is an attorney-client relationship in which,
by advance agreement of the parties, legal services in a civil action or
proceeding may be provided by attorney to client are limited in scope
and duration to a degree less than full service representation. The
purpose of the Administrative Order was to expand the use of limited
scope legal assistance by properly trained attorneys as a way to broaden
access to civil legal assistance to unrepresented litigants.

Under this proposal, when an attorney appears for a limited purpose, he
or she is required to file a signed notice of limited scope appearance
with the court, which shall define the purpose for which the attorney is
appearing. Upon completion of representation as outlined in the agree-
ment, the attorney must file a notice of completion of limited scope
appearance, which satisfies the attorney's completion and withdrawal
from representation. Such agreements are subject to the discretion of
the court to ensure they are appropriate and adequately satisfied.

The Committee recommended that the limited scope relationship be placed
into statute to help clearly define the scope of this relationship
between attorney and client, and to further encourage the 'use 'of such
an agreement.

Legal service organizations, especially those who utilize pro bono
volunteer attorneys, and their clients, would greatly benefit from this
bill.

 
PRIOR LEGISLATIVE HISTORY:

2020: A8439/ no same as - died in judiciary

2019: A8439/ no same as - died in judiciary

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately