Arkansas Supreme Court Solicits Comments on Proposed Unbundling Rules

The Arkansas Supreme Court has issued an order soliciting comments from the bar and public regarding proposed changes to Arkansas Rule of Professional Conduct that would provide guidance for attorneys who wish to provide limited scope representation. Also known as “unbundled” or “a la carte” legal services, limited scope representation offers an affordable alternative to clients who cannot afford traditional full-service representation, opens up new business opportunities for lawyers, and facilitates greater efficiency in the court system.

Arkansas rules already permit limited scope representation; the rules changes simply offer more clarity for lawyers who choose to engage in this form of practice. The revisions include the addition of language regarding when a client’s informed consent has to be in writing, as well as language clarifying an attorney’s communication responsibilities when the opposing party is represented by a limited scope attorney.

The order was issued in response to a petition that the Arkansas Bar Association filed requesting the changes. “It is the Petitioners’ belief that the rule changes proposed herein will equip Arkansas attorneys to adapt to new market realities posed by the DIY movement and help address the overwhelming unmet need among persons of limited and modest means,” the petition states. “As a result, members of the Arkansas public who are bypassing lawyers altogether can have meaningful access to the counsel and advice of skilled advocates at prices that are affordable and that compensate attorneys for their time and expertise.”

Comments should be submitted in writing and addressed to Stacey Pectol, Clerk of the Arkansas Supreme, Court, Attn: Code of Professional Conduct, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201. The deadline for submitting comments is May 1, 2016.