Unbundled Legal Services Permitted In Kansas

On November 24, 2009 the Kansas Bar Association released Legal Ethics Opinion No. 09-01.  The opinion was prompted by a request from a Kansas attorney as to (a) whether the Kansas Ethics Advisory Opinion Committee approved the determination in ABA Formal Ethics Opinion 07-446 and (b) concerning the extent to which, if  any, the assistance of a lawyer under a limited scope of representation should be disclosed.

In response, the Kansas Bar Association held that:

Unbundled legal services are permitted under the Rules of Professional Conduct, so long as (a) the limited scope of representation is clearly communicated to the client in writing, (b) the client gives informed consent in writing, (c) any document prepared by the attorney is marked “Prepared with the Assistance of Counsel,” and (d) the attorney complies with all other applicable court rules, including rules of ethics.

The opinion can be downloaded in PDF format by clicking on this link.

What do you think about the legal ethics opinion?  If you practice in Kansas, what does this mean to your business and how you deal with clients?

Hat tip to Topeka bankruptcy lawyer Jill Michaux for sending me the opinion.

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