FAQ

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Frequently Asked Questions

    Does limited scope mean limited quality of legal services?

    Does the other side have to know I am using an attorney?

    Does the other side have to know my attorney is acting in a limited scope capacity?

    Are there income guidelines I must meet in order to qualify for limited scope services?

    What areas of law are good for limited scope legal services?

    How do judges view limited scope representation?

    What if I need more, or less, services as my case moves on?

    What if I only want the attorney to go to court for me?

    What if I want to go to court, but have the attorney do other things for me?

    Can’t a paralegal or legal document assistant advise me?

    Alameda County Superior Court

    Alameda County Superior Court

     

    Does limited scope mean limited quality of legal services?

    Absolutely not!  The legal services you choose to use are the same high quality as “full service.”  The only difference is you choose which services you want and need.   Back to questions

    Does the other side have to know I am using an attorney?

    Not if you do not want them to.  If your attorney does not appear in court for you, no one has to know they have written your papers or provided other assistance. However, if you want to recover attorney fees, you will  eventually have to let the court and the other side know, when you request reimbursement for the fees.   Back to questions

    Does the other side have to know my attorney is acting in a limited scope capacity?

    Although the specific details of your relationship with your attorney are private and confidential, if your attorney appears in court for you, usually a “Notice of Limited Scope Representation” will be filed.   Back to questions

    Are there income guidelines I must meet in order to qualify for limited scope services?

    Not at all.  Limited scope services are available to anyone who would benefit from them in their particular legal matter.  Anyone can save money and have more control over their case, by using just those legal services they need and want.   Back to questions

    What areas of law are good for limited scope legal services?

    Limited scope services can be used in almost any civil case where someone deals with the court system.  Whether a case is in court or not, some areas of law which may benefit from limited scope services include: family law (including divorce, custody and child support), contracts, landlord/tenant, purchase/sale and other real estate law, special needs advocacy, consumer law, and homeowner association matters.  Some areas of law do not lend themselves to limited scope services, such as criminal or complex tax or estate matters.   Back to questions

    How do judges view limited scope representation?

    Years ago, judges generally wanted attorneys to stay with a case once they appeared to represent a party.  This had a negative impact on the willingness of attorneys to engage in limited scope representation, because they feared being kept in a case, even though they and their client agreed otherwise.  Nowadays, the courts encourage limited scope representation.  They realize the court system runs more smoothly when parties have access to legal advice and representation in an appropriate manner for their circumstances.   Back to questions

    What if I need more, or less, services as my case moves on?

    You and the attorney are free to agree to add or reduce services whenever you want.  The arrangements are tailored to meet your individual needs and circumstances.  It is important to document any changes in writing, and to be sure communication is good, so everyone knows who is responsible for which aspects of the matter.   Back to questions

    What if I only want the attorney to go to court for me?

    You can do that!  You and your attorney agree on exactly what services will be provided.   Back to questions

    What if I want to go to court, but have the attorney do other things for me?

    You can also do that!  There are solutions to your legal puzzle.  You and your attorney agree on what will work best for your particular situation.   Back to questions

    Can’t a paralegal or legal document assistant advise me?

    No.  Only attorneys are allowed to give legal advice. In addition to helping you complete legal forms, attorneys can advise you on the procedures involved in your case, give you advice as to strategy, and attend hearings for you.  Attorneys are governed by California law, ethical rules and The State Bar of California.  In addition, you can always check the disciplinary history of any attorney you are considering hiring with The State Bar.   Back to questions