Limited Assistance Representation (LAR) is when an attorney represents or assists a litigant with part, but not all, of his or her legal matter, instead of the standard full representation on an entire case. That’s the official definition, at any rate, as put forth by the Massachusetts’ government website. What is this really all about?
When you hire an attorney to represent you, in a court-related matter, that attorney will be required to present the court or courts with what is called a “Notice of Appearance.” Once that attorney files a Notice of Appearance, in your case, that attorney becomes the attorney of record. At that point, the attorney cannot simply snap his or her fingers to withdraw from your case.
Instead, in order to withdraw, the attorney would have to – at a minimum – file a “Notice of Withdrawal” and appear before a judge, asking the judge to allow the attorney to withdraw. While judges will generally grant an attorney’s Notice of Withdrawal, when the motivating factor is non-payment by the client, it still requires the attorney to show up for an entire court hearing, unpaid. When you put together these two factors, that is that (1) an attorney who has entered a Notice of Appearance is bound to represent that client until the matter is resolved, unless the court grants a withdrawal and (2) the fact that, even if the court does grant a withdrawal, the attorney will still need to make at least one more court appearance, you realize why most attorneys require a hefty retainer to be paid up front, prior to taking your case.
The point is, when attorneys think about pricing, for prospective clients, they have to price their services and retainer amounts, by taking into account these important factors. Massachusetts’ courts are aware of this, and – in an effort to help those with limited funds – introduced the LAR system. By allowing attorneys to enter a “Limited Notice of Appearance” instead of the regular “Notice of Appearance,” attorneys are able to represent clients, without demanding a large retainer up front. Attorney are able to do this, because the attorney knows, up front, exactly what he or she will be doing for the client.
For example, if a client hires an attorney, for LAR, to represent the client at a Motion to Dismiss hearing, the attorney knows that his or her representation of that client will end once the hearing is over with, regardless of whether or not the matter itself drags on for years and years. Prior to the LAR program, this was simply not possible. As was pointed out above, prior to LAR, attorneys were pretty much in it for the long haul.
The LAR program is very helpful to pro se litigants (litigants representing themselves), who have limited funds, but who still need assistance with one particularly difficult aspect of their litigation. Most LAR attorneys have a set hourly rate, for LAR matters. Others will even offer a flat-rate amount, that varys depending on the type of hearing involved.
LAR is not available in all types of cases or all courts. While LAR is mostly known for existing in probate and family law matters, you can also hire an attorney for Limited Assistance Representation in Boston Municipal Court, Housing Courts, and Land Court. Massachusetts District Courts also allow LAR. None of these courts allow LAR for criminal matters.
Our firm offers LAR in all of the allowed areas and courts. If you are interested in Limited Assistance Representation, call us today! Your initial consultation is absolutely free and one-hundred percent confidential!