Washington Lawyer - November/December 2021 - 49

SPEAKING OF ETHICS
nonprofit provided the lawyers with sample
pleadings and access to training materials.
Some organizations may assign volunteers a
dedicated mentor, while others may provide
a robust pleadings bank, training materials,
and limited mentor contact. Reviewing training
materials, engaging a mentor, and seeking
assistance whenever necessary help to
ensure that the client receives competent
and quality representation and lawyers enjoy
the experience.
AVOIDING CONFLICTS OF INTEREST
Rule 1.10 imputes conflicts of interest for
lawyers who are associated in a firm, even in
pro bono representations.2
Therefore, Cathy's
representation by Arturo and Lilly should have
been approved by their supervising attorney
and run through the firm's conflicts system
before the associates agreed to handle the
case. Rule 6.5 provides a limited exception
for imputing client conflicts firmwide and
is applicable in instances where a lawyer is
volunteering with a " program sponsored by
a nonprofit organization or court [that]
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. "
Examples of the short-term services covered
by this rule include, but are not limited to, legal
advice hotlines, advice-only clinics, and pro
se counseling programs. Many programs that
fit within this example exist in the District.3
However, Arturo and Lilly's representation of
Cathy is outside the scope of Rule 6.5.
LIMITED SCOPE REPRESENTATION
Rule 1.2(c) permits lawyers to limit the scope of
representation " if the limitation is reasonable
under the circumstances and the client gives
informed consent. " Limited scope represen ta -
tion is beneficial to lawyers in several different
ways. For instance, it may allow a lawyer who
has a busy schedule to volunteer for a one-day
clinic or to assist with same-day mediation. It
may also allow a lawyer to gain exposure to
different subject matter areas. It also benefits
clients because they gain access to a lawyer
they may not have had otherwise. In Legal
Ethics Opinion 330, the Legal Ethics Committee
discusses the unbundling of legal services in
detail. The opinion states in part that " the provision
of legal services through unbundled
legal service arrangements is permissible under
D.C. Rule 1.2, provided the client is fully
informed of the limits ... and these limits do
not prevent the provision of competent service.
The duties that generally attach to lawyer-
client relationships, including those of competence,
diligence, loyalty, communication,
confiden tiality and avoidance of conflicts of
interest, apply to such relationships. " Arturo's
ability to represent a client in a limited capacity
is allowed under D.C. Rule 1.2. It was prudent
for Arturo to meet with the client after he was
assigned the case to ensure the client fully
understood the limited scope representation
and consented to it. Arturo's limited scope representation
also demonstrates an additional
benefit of volunteering through an organization,
which has access to form pleadings and
a deep bench of experience that can help
lawyers deliver limited scope services without
compromising competency.
TERMINATING REPRESENTATION
Lawyers must always be cognizant that the
Rules of Professional Conduct exist within a
broader legal framework, which includes case
law, statutes, court orders (both general and
administrative), and court rules. This is especially
true when representing clients before
a tribunal.
When the representation ends, in addition to
reviewing Rule 1.16, lawyers should be sure to
consult the court rules regarding the requirements
for withdrawing appearances for traditional
and limited scope representations. When
in doubt, a lawyer should contact a mentor,
review training materials, or contact the legal
ethics helpline.
The ethics rules provide guidance about all
facets of client representation. When taking on
a pro bono matter outside the structure of a
law firm or legal services organization, securing
the support of an experienced lawyer/mentor
and accessing appropriate substantive materials
or forms are encouraged. The D.C. Rules of
Professional Conduct and ethics opinions are
available at dcbar.org/for-lawyers/legal-ethics/
rules-of-professional-conduct. There are many
ways to provide pro bono service to those in
the community most in need.4
I hope you find
your path to pro bono service; I'm sure you
won't regret it.
D.C. Bar legal ethics counsel are available for
confidential inquiries on the Legal Ethics Helpline
at (202) 737-4700, ext. 1010, or at ethics@dcbar.org.
NOVEMBER/DECEMBER 2021
* WASHINGTON LAWYER 49
dcbar.org/for-lawyers/communities/podcasts
NOTES
1 " A lawyer can provide adequate representation
in a wholly novel field through necessary study.
Competent representation can also be provided
through the association of a lawyer of established
competence in the field in question. " D.C. Rule 1.1,
Comment [2].
2 The conflicts of interest rules are generally Rules
1.7 through 1.11 and Rule 1.18.
3 The purpose of Rule 6.5 as stated in Comment 6
is to serve the public interest by making it easier
for lawyers who are associated with law firms to
provide pro bono legal services.
4 Comment 5 to Rule 6.1 sets forth guidance on
how lawyers admitted in the District can provide
pro bono service as suggested by the 2009 and
2010 Resolutions on Pro Bono Services passed
by the Judicial Conferences of the District of
Columbia and the D.C. Circuit. For information
about how to volunteer with the D.C. Bar Pro Bono
Center and for a list of member organizations of
the Consortium of Legal Services Providers, visit
dcbar.org/Pro-Bono/Resources-and-Training.
TUNE IN
to the D.C. Bar's
Communities
PODCAST NETWORK
Check out season two of our three
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http://www.dcbar.org/Pro-Bono/Resources-and-Training http://www.dcbar.org/for-lawyers/legal-ethics/rules-of-professional-conduct http://www.dcbar.org/for-lawyers/legal-ethics/rules-of-professional-conduct http://www.dcbar.org/for-lawyers/communities/podcasts
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