Let’s review the basics. ABA Model Rule 1.2 (c) allows a lawyer to limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. In those jurisdictions that have adopted similar language, many have added a requirement that informed consent be confirmed in writing. Now as a risk guy, I like that writing requirement regardless. There are just too many word and word disputes in the world of malpractice and discipline.
Speaking personally, I’m one who believes that the movement toward limited scope representation has been a good thing and long overdue. Speaking professionally, however, I need to share a caution. Find out what that caution is.