(a) A lawyer who, under the auspices of a program
sponsored by a nonprofit organization or court, provides short-term
limited legal services to a client without expectation by either the
lawyer or the client that the lawyer will provide continuing representation
in the matter:
(1) is subject to Rules 1.7 and
1.9 only if the lawyer knows that the representation of the client involves
a conflict of interest; and
(2) is subject to Rule 1.10 only
if the lawyer knows that another lawyer associated with the lawyer in
a law firm is disqualified by Rule 1.7 or 1.9 with respect to the matter.
(b) Except as provided in paragraph (a)(2), Rule 1.10
is inapplicable to a representation governed by this rule.
Comment
[1] Legal services organizations, courts, and various
nonprofit organizations have established programs through which lawyers
provide short-term limited legal services, such as advice or the completion
of legal forms, that will assist persons to address their legal problems
without further representation by a lawyer. In these programs, such
as legal-advice hotlines, advice-only clinics or pro se counseling
programs, a client-lawyer relationship is established, but there is
no expectation that the lawyer’s representation of the client
will continue beyond the limited consultation. Such programs are normally
operated under circumstances in which it is not feasible for a lawyer
to systematically screen for conflicts of interest as is generally required
before undertaking a representation. See, e.g., Rules 1.7, 1.9
and 1.10. For the purposes of this rule, short-term limited legal services
normally do not include appearing before a tribunal on behalf of a client.
[2] A lawyer who provides short-term limited legal
services pursuant to this rule must secure the client’s informed
consent to the limited scope of the representation. See Rule
1.2(c). If a short-term limited representation would not be reasonable
under the circumstances, the lawyer may offer advice to the client but
must also advise the client of the need for further assistance of counsel.
Except as provided in this rule, the Rules of Professional Conduct,
including Rule 1.6, are applicable to the limited representation.
[3] Because a lawyer who is representing a client
in the circumstances addressed by this rule ordinarily is not able to
check systematically for conflicts of interest, paragraph (a) requires
compliance with Rules 1.7 or 1.9 only if the lawyer knows that the representation
presents a conflict of interest for the lawyer, and with Rule 1.10 only
if the lawyer knows that another lawyer in the lawyer’s firm is
disqualified by Rules 1.7 or 1.9 in the matter.
[4] Because the limited nature of the services significantly
reduces the risk of conflicts
of interest with other matters being handled by the lawyer’s firm,
paragraph (b) provides that Rule 1.10 is inapplicable to a representation
governed by this rule except as provided by paragraph (a)(2). Paragraph
(a)(2) requires the participating lawyer to comply with Rule 1.10 when
the lawyer knows that the lawyer’s firm is disqualified by Rules
1.7 or 1.9. By virtue of paragraph (b), however, a lawyer’s participation
in a short-term limited legal services program will not preclude the
lawyer’s firm from undertaking or continuing the representation
of a client with interests adverse to a client being represented under
the program’s auspices. Nor will the personal disqualification
of a lawyer participating in the program be imputed to other lawyers
participating in the program.
[5] If, after commencing a short-term limited representation
in accordance with this rule, a lawyer undertakes to represent the client
in the matter on an ongoing basis, Rules 1.7, 1.9 and 1.10 become applicable.
[6] This rule serves the public interest by making
it easier for lawyers affiliated with firms to provide pro bono
legal services. Rule 1.10(e) contains a similarly-motivated exception
from imputation for attorneys who, while affiliated with a firm, assist
the District of Columbia Attorney General with certain matters.
