Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part V - PROFESSIONAL ETHICS AND CONDUCT
Subpart A - PROFESSIONAL RESPONSIBILITY
Chapter 81 - RULES OF PROFESSIONAL CONDUCT
Subchapter A - RULES OF PROFESSIONAL CONDUCT
PUBLIC SERVICE
Rule 6.5 - Nonprofit and Court Appointed Limited Legal Services Programs
Universal Citation: 204 PA Code ยง 6.5
Current through Register Vol. 54, No. 44, November 2, 2024
(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(a) 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(a) 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.
(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 Rules
1.6 and
1.9(c), 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(a) 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(a)
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 Rule
1.7 or
1.9(a). 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(a) and 1.10 become
applicable.
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