Edward M. Spiro and Christopher B. Harwood
Traditionally, when an attorney appears on behalf of a client in a matter, federal courts have required that the attorney represent the client in all respects. The Local Rules in the Southern District of New York continue to reflect this approach, and do not provide for limited-scope representations—i.e., representations when an attorney represents a client for only a portion of a case. In criminal cases, limited-scope representations typically are unnecessary and ill-advised, including because counsel is constitutionally guaranteed. In civil cases, however, where counsel is not guaranteed and litigants often cannot afford a full-scope attorney, commentators, bar associations, and courts have recognized the value of limited-scope representations.
In Villar v. City of New York, 2021 WL 2024434 (S.D.N.Y. May 21, 2021), Southern District Judge Jed S. Rakoff recently authorized a limited-scope representation. An attorney sought to appear for the pro se plaintiff solely for purposes of assisting the plaintiff with settlement negotiations. Recognizing the benefits of limited-scope engagements, Judge Rakoff allowed the representation. To avoid confusion, however (including with respect to when defense counsel could and could not contact the plaintiff directly), Judge Rakoff issued a detailed order specifying the precise nature and extent of the limited-scope representation.
‘Villar v. City of New York’
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
