Unbundling Legal Services: A Practical PerspectiveApproved for 1.5 General Credits for Washington Attorneys

Presented on Jan. 27, 2015 • Seattle, WA

Tell us what you think: www.surveymonkey.com/s/LL150127WEB

WSBA–CLEThe Innovator in Legal Education®

SeriesLunchbox

Legal

i • Unbundling Legal Services: A Practical Perspective • LL150127WEB

FacultyA Special Thank You to Our Program Faculty!Those who have planned and will present at this WSBA CLE seminar are volunteers. Their gener-ous contributions of time, talent, and energy have made this program possible. We appreciate their work and their service to the legal profession.

Program FacultyForrest J. Carlson — Seattle, WA Vincent D. Humphrey — Bellevue, WA Kristina T. Larry — Seattle, WA Terra Nevitt — Seattle, WAFavian Valencia — Yakima, WA

Copyright © 2014 • Washington State Bar Association • All Rights ReservedThe materials and forms in this manual are published by the Washington State Bar Association for the use of its program registrants. Neither the Washington State Bar Association nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each at-torney must depend upon his or her own knowledge of the law and expertise in the use or modifi cation of these materials. The views and conclusions expressed herein are those of the authors and editors and are not necessarily those of the Washington State Bar Association or any division or committee thereof. Any websites represented by screenshots, logos or ads reproduced in the materials and forms are the copyrighted material of the website owners and are included for illustrative and educational purposes only.

ii • Unbundling Legal Services: A Practical Perspective • LL150127WEB

Summary of ContentsProgram Schedule ................................................................................................................................................................... iii

1 Unbundled Legal Services ............................................................................. 1-1 Authors*:Dan Ford

Sunil Mootien-Pillay Carl Rea yes

Moderator: Terra Nevitt

Panelists: Forrest Carlson

Vincent Humphrey Kristina LarryFavian Valencia

*Provided by the Pro Bono and Public Service Committee

iii • Unbundling Legal Services: A Practical Perspective • LL150127WEB

Program Schedule

Unbundling Legal Services: A Practical Perspective

Tuesday, January 27, 2015

11:30 a.m. Online registration * Log-in/Sign-in

12:00 p.m. What: Unbundling Defi nedForrest Carlson – Law Offi ces of Forrest CarlsonFavian Valencia – Sunlight Law

12:15 p.m. Panel DiscussionModerator: Terra Nevitt – Access to Justice Board Manager, WSBAPanelists:Forrest Carlson – Law Offi ces of Forrest CarlsonVincent Humphrey – Keller WilliamsKristina Larry – Sassy LitigationsFavian Valencia – Sunlight Law

12:30 p.m. Who: Client Communication Best PracticesVincent Humphrey – Keller Williams

12:45 p.m. Panel DiscussionModerator: Terra Nevitt – Access to Justice Board Manager, WSBAPanelists:Forrest Carlson – Law Offi ces of Forrest CarlsonVincent Humphrey – Keller WilliamsKristina Larry – Sassy LitigationsFavian Valencia – Sunlight Law

1:00 p.m. How: Providing Unbundled Legal ServicesKristina Larry – Sassy Litigations

1:15 p.m. Panel DiscussionModerator: Terra Nevitt – Access to Justice Board Manager, WSBAPanelists:Forrest Carlson – Law Offi ces of Forrest CarlsonVincent Humphrey – Keller WilliamsKristina Larry – Sassy LitigationsFavian Valencia – Sunlight Law

The purpose of this form is to notify the sponsor listed below if you have earned less than the available credits while attending this CLE course. You can fax your completed form WSBA-CLE: (206) 727-8324.

Under Washington State MCLE Rules (APR 11.6(a)(1)), sponsors must report attendance at each CLE course. The sponsor’s report is based on confirming your attendance as you arrive and the receipt of this form as you leave if you choose to attend only part of the CLE course.

If this form is not returned, the sponsor will presume that you have attended the entire CLE course and earned full credit.

If you did not attend the full CLE course, this form must be returned to the sponsor. How to calculate general/ethics credit:

One credit is equivalent to one hour (60 minutes) of instruction time at an approved CLE course. Credits can be obtained in quarter-hour increments: 15 minutes of instruction equal .25 credits. No credit is given for breaks. Contact the sponsor if you have questions about which sections of the program, if any, have been approved for ethics credit.

For more information see the following web site or contact the WSBA Service Center.

http://www.wsba.org/Licensing-and-Lawyer-Conduct/MCLE/Members/Member-Online-MCLE-FAQs - questions@wsba.org

Seminar Sponsor: WSBA-CLE

Seminar Name: Unbundling Legal Services (LL150127WEB)

Seminar Date: January 27, 2014

Approved Credits: 1.5 CLE Credits for Washington Attorneys (1.5 General)

Hours of Attendance:

TIME OF ARRIVAL TIME OF DEPARTURE

Credits Earned: __________________ general __________________ ethics Printed Name: _______________________________ Bar #: _____________ I hereby certify that I have earned the number of general/ethics credits inserted above on the Credits Earned line.

Signature: ___________________________________ Date:________________

Under MCLE Rules, we report your hours of course attendance. Our report is based on you confirming your attendance with our CLE representative as you arrive, and the receipt of the form below from anyone who chooses to attend only part of the seminar. We ask that you complete this form and turn-in to our representative if you leave before the end of the program. Thank you, WSBA-CLE

CHAPTER ONE

UNBUNDLED LEGAL SERVICES

January 2015

MODERATOR:

Terra K. Nevitt Washington State Bar Association

Phone: (206) 727-8282 Email: terran@wsba.org

PANELISTS: Forrest J. Carlson

Law Offices of Forrest Carlson Phone: (206) 631-9575

Email: forrest@forrestcarlson.com

Vincent D. Humphrey Keller Williams Commercial Division

Phone: (425) 454-0911 Email: vincent@kw.com

Kristina T. Larry Sassy Litigations, LLC Phone: (206) 497-1725

Email: kristina@sassylitigations.com

Favian Valencia Sunlight Law

Phone: (800) 307-1261 Email: favianvalencia@gmail.com

FORREST J. CARLSON is a solo practitioner in Seattle, where he operates a consumer litigation and estate planning firm with a low bono business model. He is also a co-founder and the chair-elect of the Washington State Bar Association's Low Bono Section. Forrest is highly engaged in fostering legal tech entrepreneurship; in 2014 his team won the grand prize at Legal Tech Startup Weekend in San Francisco, after which he co-organized the inaugural Seattle Legal Tech Startup Weekend. He also co-founded a web startup for lawyers to help them find and share legal document templates. He was admitted to the Washington State Bar in 2008. VINCENT D. HUMPHREY is an attorney who works as General Counsel for the Bellevue Keller Williams Commercial Division and is an attorney with the Barrera Legal Group. He is also currently the Chair of the Washington Young Lawyers Committee where he serves, and is committed to supporting new/young lawyer members and law students. His practice areas include family law, business, and real estate. KRISTINA T. LARRY is the founder and managing attorney of Sassy Litigations, LLC. Sassy Litigations is a different name for a different kind of law firm, it operates only in flat fees and unbundled services. Sassy Litigations has two sub brands, The Seattle Wedding Lawyer and The PreNup Princess both founded and managed by Kristina. Kristina completed her undergraduate work at the University of Wyoming and is a graduate of Thurgood Marshall School of Law at

1-1

Texas Southern University. She is a regular volunteer with the King County Bar Association’s Housing Justice Project, she serves as the Young Lawyer Liaison for the Solo/Small Practice Section of the Bar, and also serves as secretary for the nonprofit Limbs For U, which is dedicated to finding ways to improve the lives of those living with limb loss or limb deformities. Kristina has worked for Lone Star Legal Aid, in Houston and Beaumont, Texas, as well as for the Delaware Department of Justice under Attorney General Joe Biden, III. More recently Kristina served as the legal advocate for survivors of domestic violence at the Domestic Abuse Women’s Network (DAWN). She was admitted to the Washington State Bar in 2009. TERRA NEVITT is the Access to Justice Board Manager at the Washington State Bar Association. A graduate of the George Washington University Law School, her work history includes directing immigration services for Catholic Community Services of Western Washington and consulting with ECPAT International, an organization fighting the commercial sexual exploitation of children. Most recently, Terra served as the Executive Director of LAW Advocates, a pro bono organization serving Whatcom and Island Counties. FAVIAN VALENCIA is an attorney at Sunlight Law, PLLC where he leads a general law practice in Yakima, Washington. He is a member of the WSBA Young Lawyer Committee representing the south-central region and an eagle member for the Washington State Association for Justice. He was admitted to Washington State Bar in 2011.

1-2

LEGAL AUTHORITY RELATING TO UNBUNDLING OF LEGAL SERVICES IN

WASHINGTON STATE

Materials by: Sunil Mootien-Pillay Dan Ford Carla Reyes Revised June 26, 2014

By Pro Bono and Public Service committee Unbundled Legal Svcs rev. 6-26-14 2 / 6

1-3

INTRODUCTION In certain circumstances, lawyers provide limited legal services to parties in litigation. The civil rules recognize that a lawyer may file a limited notice of appearance for one or more proceedings in an action. On the other hand, it is often the case that the lawyer does not enter an appearance on behalf of the client, and the client appears pro se. Services provided by lawyers may be limited advice, and may go farther, to include drafting or reviewing documents to be submitted in the proceeding. These activities are forms of “unbundling” of legal services, in which a lawyer performs only specific, limited tasks instead of handling all aspects of the matter. Unbundled legal services may be encouraged where it is not feasible for the lawyer to take on the entire case, such as providing assistance in a free legal clinic. Limited representation may also occur where the lawyer agrees to help a client for a reduced fee, and the client cannot afford to pay the lawyer for full representation. A specific form of unbundling is sometimes called “ghostwriting.” In this situation, a lawyer drafts documents for submission to the court, but the client submits them to the court under her own name. The name of the lawyer is not disclosed. Some have voiced concerns about the ethics of unbundled legal services, and about ghostwriting in particular. They question whether the lawyer is misleading the tribunal by helping the client to submit documents under the client’s name and failing to disclose the lawyer’s role. This is a summary of the most applicable portions of ethics rules and opinions and other legal authority relevant to the provision of unbundled legal services in Washington State. First, rules generally applicable to unbundling of legal services are addressed. Then rules specifically applicable to “ghost-writing” are listed. The summary includes provisions of the Revised Code of Washington (RCW), Washington Rules of Professional Conduct (RPC) and Washington Superior Court Civil Rules (CR). Washington State Bar Association (WSBA) Advisory Opinions are also included. These opinions are issued by the WSBA Rules of Professional Conduct Committee and are advisory only. They may be found at: http://www.wsba.org/Resources-and-Services/Ethics/Advisory-Opinions. A reference to one American Bar Association (ABA) Formal Opinion on the subject is also included. ABA opinions are issued by the ABA Standing Committee on Ethics and Professional Responsibility and reflect the ABA Model Rules of Professional Conduct. These opinions may be found at: http://www.americanbar.org/groups/professional_responsibility.html. Practitioners are advised to review the full legal authority on the subjects summarized here. I. UNBUNDLING OF LEGAL SERVICES

A. REVISED CODE OF WASHINGTON

1-4

* RCW 4.28.210 What Constitutes Appearance: A defendant appears in an action when he or she answers, demurs, makes any application for an order therein, or gives the plaintiff written notice of his or her appearance. After appearance a defendant is entitled to notice of all subsequent proceedings, but when a defendant has not appeared, service of notice or papers in the ordinary proceedings in an action need not be made upon him. * RCW 2.44.040 Change of Attorneys: The attorney in a proceeding may be changed at any time before judgment or final determination by consent or order of the court. Note that RPC 1.16 states that its provisions apply “notwithstanding RCW 2.44.040.” See section on RPC 1.16 below. B. WASHINTON SUPERIOR COURT CIVIL RULES * CR 4.2 Process - Limited Representation: (a) An attorney may undertake to provide limited representation in accordance with RPC 1.2 to a person involved in a court proceeding. (b) Providing limited representation of a person under these rules shall not constitute an entry of appearance by the attorney for purposes of CR 5(b) and does not authorize or require the service or delivery of pleadings, papers or other documents upon the attorney under CR 5(b). Representation of the person by the attorney at any proceeding before a judge, magistrate, or other judicial officer on behalf of the person constitutes an entry of appearance pursuant to RCW 4.28.210 and CR 4(a)(3), except to the extent that a limited notice of appearance as provided for under CR 70.1 is filed and served prior to or simultaneous with the actual appearance. The attorney’s violation of this rule may subject the attorney to the sanctions provided in CR 11(a). * CR 4(a)(3) Notice Of Appearance: Requirements for notice of appearance by defendant. Notice of appearance shall be in writing, signed by defendant or attorney and served on person whose name is signed on summons. * CR 5(b) Service - How Made: Service upon a party may be made upon the attorney representing the party. CR 5(b) describes the requirements for service upon the attorney, either in person or by mail. * CR 11 Signing of Pleadings, Motions and Legal Memoranda, and Sanctions: CR 11 specifies the requirements for an attorney to sign and certify pleadings, motions and memoranda when presented to the court. CR 11(a) describes the sanctions that may be imposed upon the attorney or represented party if the documents do not meet these requirements. CR 11(b) specifies a certification requirement for an attorney who assists an otherwise self-represented person to draft a pleading, motion or document filed with the court. The attorney may rely on the otherwise self-represented person’s representation of facts unless the attorney has reason to believe that the representations are false or insufficient. If so, the attorney must make an independent reasonable inquiry into the facts. * CR 70.1(b) Notice of Limited Appearance: Attorney’s role may be limited to one or more proceedings in an action if the notice of limited appearance is filed and served prior to or simultaneous with the proceeding. At conclusion of proceedings attorney’s role terminates upon filing notice of completion of limited appearance as required per CR 71(c)(1).

1-5

* CR 71(c) Notice of Intent to Withdraw: CR 71.1(c) describes when an attorney may withdraw from representation by notice. CR 71.1(c)(1) specifies the filing and service requirements of the notice to withdraw, and the timing and contents of such notice. C. WA RULES OF PROFESSIONAL CONDUCT * RPC 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer: Lawyer shall abide by client’s decisions concerning the objectives of representation and consult with the client as to means by which they are pursued. A lawyer may limit the scope of representation if reasonable and client gives informed consent. Comment [14] to the rule provides that an agreement limiting the scope of a representation shall consider the applicability of RPC 4.2 to the representation. RPC 4.2 limits a lawyer’s communication with a represented party. Comment [11] to RPC 4.2 provides that an unrepresented person to whom limited representation is being provided or has been provided in accordance with RPC 1.2(c) is considered to be unrepresented unless the opposing lawyer knows of a written notice of appearance under which he or she is to communicate only with the limited representation lawyer. * RPC 1.6 Confidentiality of Information: A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, disclosure is impliedly authorized in order to carry out representation or as permitted. RPC 1.6 specifies the situations when a lawyer may reveal such information. * RPC 1.7 Conflict of Interest: Current Clients (referred to in RPC 6.5): A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. RPC 1.7 specifies situations when a concurrent conflict of interest exists, and when a lawyer may represent a client despite a concurrent conflict of interest. * RPC 1.9(a) Duties to Former Clients (referred to in RPC 6.5): After termination of a client-lawyer relationship, a lawyer has certain continuing duties with respect to confidentiality and conflicts of interest. A lawyer shall not undertake representation in the same or a substantially related matter which is materially adverse to the interests of a former client unless the former client gives informed written consent. Additionally, a lawyer shall protect the confidentiality of a former client’s information as required by RPC 1.6. A lawyer may not use information relating to representation of a former client to the disadvantage of that client, except where the RPCs permit or require. * RPC 1.10 Imputation of Conflicts of Interest: When lawyers are associated in a firm, the requirements of RPC 1.7 (conflict of interest) and RPC 1.9 (duties to former clients) are imputed to other lawyers in the firm. RPC 1.10 outlines exceptions to this rule when the prohibition is based on personal interest of the affected lawyer and there is not a significant risk of materially limiting representation of the client. RPC 1.10 also includes provisions regarding screening of the affected lawyer. RPC 1.10 is limited to a disqualified lawyer’s association with a prior firm or employer. Otherwise, it cannot be used as a general screening mechanism. *RPC 1.16 Declining or Terminating Representation: Outlines conditions under which a lawyer may or may not withdraw from representation.

1-6

* RPC 1.18 Duties to Prospective Clients: (referred to in RPC 6.5). A prospective client is a person who discusses the possibility of forming a client-lawyer relationship with the lawyer. Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation unless the exception of Rule 1.9 (duties to former clients) applies. The lawyer generally must not represent a client with interests materially adverse to those of the prospective client in the same or substantially related matter. RPC 1.18 also presents exceptions to this general rule. * RPC 4.2 Communication with Person Represented by Counsel: In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. * RPC 4.3 Dealing with Unrepresented Person: In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client. * RPC 6.5 Non-Profit And Court-Annexed Limited Legal Service Programs: A lawyer who provides short-term limited legal services to a client under the auspices of such programs may or may not be subject to the requirements of RPC 1.7, 1.9, 1.10 or 1.18 (conflicts of interest and confidentiality) depending on the circumstances. RPC 6.5 outlines these circumstances and applicable factors, including whether there is an expectation of continuing representation or paid legal service, the presence of effective screening, and the program’s ability to protect information relating to the representation. D. WSBA ADVISORY OPINIONS * WSBA Advisory Opinion 1763 (1997): "Unbundled legal services" in the family law context refers to the concept of a party engaging an attorney to take limited measures, such as helping to prepare initial pleadings and perform child-support calculations, without either the lawyer or the client being obligated to the other for the duration of the dissolution or modification proceedings. This measure would enable the attorney to charge a reasonable flat fee for defined services, and the client to control and budget for expenses. The WSBA Rules of Professional Conduct Committee advises that assuming that both the original and subsequent representation agreements comply with RPC 1.2 (scope of representation) and 1.5 (fees), RPC 1.8(a) (conflict of interest) does not apply to a separate, subsequent, limited engagement of the same attorney by the same former client.

1-7

* WSBA Advisory Opinion 2169 (2008): General counsel to a real estate brokerage firm who provides limited-scope legal representation services to customers of the brokerage, limited to answering legal questions relevant to the home selling process, would violate the RPCs. Specifically this would violate RPC 5.4(a) and (b), which prohibit splitting of fees and partnership with a non-lawyer when any part of the activity constitutes the practice of law. The arrangement raises difficult ethical issues under RPC 1.5(b) (fees) and 1.7 (conflict of interest), and may also implicate RPC 5.5 relating to unauthorized practice of law. II. RULES SPECIFICALLY RELATED TO “GHOST-WRITING” (defined above) A. WA COURT GENERAL RULES * GR 24: Definition Of The Practice Of Law [And Permitted Activities]: The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law. GR 24 lists activities which are considered the practice of law. These activities include the selection, drafting, or completion of legal documents. B. WASHINGTON SUPERIOR COURT AND LIMITED JURISDICTION COURT CIVIL RULES * CR 11 & CRLJ 11 Signing And Drafting Of Pleadings, Motions And Legal Memoranda: Sanctions. See CR 11 above. C. WASHINGTON RULES OF PROFESSIONAL CONDUCT * RPC 1.6 Confidentiality Of Information. In general, a lawyer may not reveal the information relating to the representation of a client unless the client gives informed consent. This may apply to disclosure of ghost writing. See RPC 1.6 above. D. ADVISORY OPINION * ABA Formal Opinion 07-446 (2007): A lawyer may provide legal assistance to litigants appearing before tribunals “pro se” and help them prepare written submissions without disclosing to the tribunal or to adverse parties the nature or extent of such assistance. The lawyer does not violate the ABA Model Rules of Professional Conduct. But see Ricotta v. California, 4 F.Supp 2d 961, 986-88 (S.D. Cal.) (lawyer’s preparation of seventy-five to one hundred percent of opposition to motions was inappropriate ghost writing; but this holding relied on an apparently superseded 1978 ABA Informal Opinion).

1-8

ABA Standing Committee on the Delivery of Legal Services 6/2/2011

Unbundling Fact Sheet

What is unbundling?

Unbundling refers to the practice of breaking legal representation into separate and distinct tasks. Think of unbundling as an a la carte option for legal services, where, instead of handling an entire case from start to finish, a lawyer may handle only certain parts. For instance, a lawyer may provide legal advice and prepare pleadings, while a client handles all other tasks in the case, including filing court documents and appearing at hearings.

Unbundling is also known as “limited scope representation,” “limited scope legal assistance,” “limited assistance representation” and “discrete task representation.” The terms are often used interchangeably, but all refer to the same practice. It is sometimes called “limited representation,” but this term misses the point: it is the scope of the representation that is limited, not the legal assistance.

Who benefits from unbundling?

Unbundling has the potential to benefit lawyers, their clients and the courts. Through unbundling, lawyers have the opportunity to obtain clients who would otherwise represent themselves; lawyers reach an untapped market and generate additional income. Unbundled legal services increase collectibles and reduce the risk of malpractice. Clients benefit from the legal expertise of lawyers, while paying only for those services that they most need. Courts also stand to benefit from unbundling: unbundling clients are often better prepared for court, saving staff time and resources compared to those who self-represent with no assistance from a lawyer.

Is unbundling ethical?

ABA Model Rule 1.2(c) governs unbundling. It states, “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.”

To date, 41 states have adopted the Model Rule or a substantively similar rule. Nearly twenty states have adopted rules that provide additional guidance on unbundling, addressing issues related to ghostwriting, communications with opposing parties and their counsel, limited appearances and service. To see which states have adopted Model Rule 1.2(c), or have rules that provide additional guidance, click here.

Unbundled services are not a short-cut or second-class services. Lawyers who unbundle must provide competent representation, and must follow all other ethical and procedural rules in their jurisdiction.

When is unbundling appropriate?

Unbundling is not appropriate for every case or every client. The lawyer must determine if the representation is reasonable under the circumstances, and must ensure that the client fully understands the limits of the representation.

To find out more about unbundling, check out the following ABA resources:

Pro Se/Unbundling Resource Center Handbook on Limited Scope Legal Assistance Unbundling Training Video and Risk Management Materials

1-9

Reprinted with permission. 2011© by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association

1-10

1-11

1-12

1-13

1-14

1-15

LEGAL FLAT FEE AGREEMENT The undersigned, hereinafter referred to as "client" hereby retains Favian Valencia of Sunlight 

Law, PLLC, hereinafter referred to as "attorney" for representation in regard to ___________________________________________________________. It is understood that attorney solely represents client in regards to this matter referenced herein, and does not represent client in any other matter.  

The flat fee will be _____ for the above referenced matter and it shall be paid as  follows: _____________________.  If further proceedings are required the attorney fees will increase by _______________. Further proceedings include, but are not limited to: __________________ ____________________________________________________________________. Increase in attorney fees will be due within 10 days of being incurred. 

Upon Sunlight Law Pllc’s receipt of all or any portion of the flat fee, the funds are the property of Sunlight Law, Pllc and will not be placed in a trust account. The fact that Client has paid the fee in advance does not affect Client’s right to terminate the client­lawyer relationship. In the event the client­lawyer relationship is terminated before the agreed­upon legal services have been completed, Client may or may not have a right to a refund of a portion of the fee. Additionally, Client is responsible and agrees to pay for costs including, but not limited to, filing fees, witness fees, research fees, and charges for investigation, records, medical reports, photographs, photocopies, postage, travel, depositions and legal messengers. 

Client agrees that there can be no guarantee regarding the outcome of any part of client’s case. Client is responsible for providing attorney with all requested information in order to further the case and for notifying attorney of any change of address or telephone number. If at any time Client discontinues making the payments for the services rendered by attorney, it is understood by client that attorney will discontinue any work for you and will withdraw from further representation on the above referenced matter. If attorney withdraws from representation, client agrees to give us security in the form of an attorney’s charging lien for unpaid fees or unreimbursed costs. Unpaid balances that are more than two months delinquent shall bear simple interest at 12% per annum. 

Date: _______________________ 

_______________________________ Client Name:  

_______________________________ Attorney Signature 

Sunlight Law, Pllc 402 E. Yakima Ave. Ste 730, Yakima, WA 98901 Phone: (509)388­0231     Fax: (509)388­0260    Email: sunlightlawpllc@gmail.com 

1-16

Notice of Limited Appearance - Page 1 of 1 [YOUR FIRM NAME]

[YOUR FIRM ADDRESS & PHONE]

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Superior Court of Washington County of [COUNTY]

[name]

Petitioner,

and

[name]

Respondent.

No.

Notice of Limited Appearance

TO: [name], respondent, and [his/her] attorney, [name]

AND TO: The Clerk of the Court

YOU AND EACH OF YOU will please take notice that [name] hereby appears on behalf of

petitioner [name] only with respect to the following proceedings:

1. [Insert list of proceedings, e.g., “Petitioner’s motion to appoint a guardian ad litem.”]

2. […]

3. […]

You are hereby requested to serve all papers and pleadings in relation to said proceedings,

except original process, upon said attorney at the following address: [address].

DATED this _____ day of __________, 20__.

[name], WSBA No. __________

1-17

Superior Court of Washington County of [COUNTY]

[name]

Petitioner,

and

[name]

Respondent.

No.

Notice of Completion of Limited Appearance

TO: [name], respondent, and [his/her] attorney, [name]

AND TO: The Clerk of the Court

YOU AND EACH OF YOU will please take notice that attorney [name] hereby enters this

Notice of Completion of Limited Appearance. Pursuant to CR 70.1(b), said attorney’s role in the

above-entitled matter has terminated, effective immediately.

The name and last known address of the Petitioner in this proceeding is:

[name]

[address]

DATED this _____ day of __________, 20__.

[name], WSBA No. ___________

1-18

1-19

Kristina Larry Managing Attorney & Mediator

Sassy Litigations, LLC 206-497-1725 www.sassylitiga

tions.com

Vincent Humphrey

General Counsel Keller Williams 425-454-0911

www.kw.com

Forrest Carlson Attorney

206-631-9575 Law Offices of Forrest Carlson www.forrestcarl

son.com

Favian Valencia Attorney

509-388-0231 Sunlight Law

www.SunlightLaw.com

1-20

• Informational Presentation

• Panel Discussion incorporating online questions and comments

Terra Nevitt Moderator

1-21

• What

• Who

• How

• Summary • Q&A • Closing

1-22

At the end of this program, participants should be able to:

- Explain unbundled legal services - Determine appropriate clients - Describe how to use unbundled legal services

1-23

Presented by Forrest Carlson and Favian Valencia

1-24

1-25

• Why clients might want it

1-26

• Why practitioners might want it

1-27

• Why practitioners might want it Patent

Market

Latent Market

Markets for Legal Services

1-28

• * RCW 4.28.210 What Constitutes Appearance

• * RCW 2.44.040 Change of Attorneys

1-29

• * CR 4.2 Process - Limited Representation

• * CR 4(a)(3) Notice Of Appearance

• * CR 5(b) Service - How Made

1-30

• * CR 11 Signing of Pleadings, Motions and Legal Memoranda, and Sanctions

• * CR 70.1(b) Notice of Limited Appearance

• * CR 71.1(c) Notice of Intent to Withdraw

1-31

Kristina Larry Managing Attorney & Mediator

Sassy Litigations, LLC 206-497-1725 www.sassylitiga

tions.com

Vincent Humphrey

General Counsel Keller Williams 425-454-0911

www.kw.com

Forrest Carlson Attorney

206-631-9575 Law Offices of Forrest Carlson www.forrestcarl

son.com

Favian Valencia Attorney

509-388-0231 Sunlight Law

www.SunlightLaw.com

1-32

Presented by Vincent Humphrey

1-33

1-34

1-35

• * RPC 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

• * RPC 1.6 Confidentiality of Information

• * RPC 1.7 Conflict of Interest: Current Clients

1-36

• * RPC 1.9(a) Duties to Former Clients

• * RPC 1.10 Imputation of Conflicts of Interest

• *RPC 1.16 Declining or Terminating Representation

1-37

• * RPC 1.18 Duties to Prospective Clients

• *RPC 6.5 Non-Profit And Court-Annexed Limited Legal Service Programs

1-38

Kristina Larry Managing Attorney & Mediator

Sassy Litigations, LLC 206-497-1725 www.sassylitiga

tions.com

Vincent Humphrey

General Counsel Keller Williams 425-454-0911

www.kw.com

Forrest Carlson Attorney

206-631-9575 Law Offices of Forrest Carlson www.forrestcarl

son.com

Favian Valencia Attorney

509-388-0231 Sunlight Law

www.SunlightLaw.com

1-39

Presented by Kristina Larry

1-40

• Negotiating •Breach of contract •Debt settlements •Family law

1-41

• Making limited appearance •Hearings •Settlement Conferences

1-42

• Advising on court procedures and courtroom behavior •Local Rules •Expectations •Attire

1-43

• Preparing exhibits • Legal research • Legal guidance or opinions • Reviewing documents/pleadings • Drafting contracts or agreements • Organizing discovery documents

1-44

1-45

• Pro Se/Pro Se Plus • Technology driven • Heart of the matter • Budget minded • Long distance

1-46

Kristina Larry Managing Attorney & Mediator

Sassy Litigations, LLC 206-497-1725 www.sassylitiga

tions.com

Vincent Humphrey

General Counsel Keller Williams 425-454-0911

www.kw.com

Forrest Carlson Attorney

206-631-9575 Law Offices of Forrest Carlson www.forrestcarl

son.com

Favian Valencia Attorney

509-388-0231 Sunlight Law

www.SunlightLaw.com

1-47

1-48

1-49

1-50

1-51