Massachusetts Limited Representation Probate & Family Court Pilot Program
I attended an interested training last evening at the Norfolk Probate and Family Court in Canton. The training is part of a pilot program allowing lawyers to represent clients on a limited basis in probate and family law maters.
This program is being offered in three counties with discussions of its expansion at the end of the year. Under the pilot program the attorney and client enter a fee agreement for a limited purpose (i.e., attend one day at court, review a case, draft documents or pleadings, coaching, conduct or respond to discovery...). The analogy being made here is to transactional law where clients routinely seek advice on only part of a matter -- like a buyer asking an attorney to review a purchase and sales contract for a set fee.
The testing of this concept in Massachusetts probate and family law litigation matters is a new and interesting development, but one that has been growing in other states (California and Maine were given as examples).
In addition to this limited representation, an attorney may now "ghostwrite" for clients. This allows attorneys to draft documents and to do so anonymously by simply indicating the document was prepared by an attorney.
It will probably take some time for all the nuances of this development to get worked out. It is a pilot program. The consensus from the panelists was anything that gets clients help (even if only for a limited purpose) is a good thing.
