T
he legal profession is headed in an
uncertain direction. The economic
recession and ongoing recovery have
touched all professions, including
attorneys. There is a continuing debate about
whether hourly billing will remain the standard
for law firms. As a new firm, my partner John
Norkus (BA ’09, JD ’12) and I had to find a way to
distinguish ourselves from the hundreds of other
firms in Chicago.
Our firm was selected to participate in the
Chicago Bar Foundation’s Justice Entrepreneurs
Project (JEP), an incubator that teaches new attorneys
to run firms that offer nontraditional legal services.
The program has taught us to embrace limited-scope
representation. With this type of representation,
our firm reaches clients who are unable to meet the
conditions of hourly billing. The JEP has provided
us support through mentorship, office space, and
networking opportunities. Loyola also graciously
helped us by offering a stipend for the first six
months of the program.
In 2013, the Illinois Supreme Court broadened
the professional rules that allow attorneys to offer
limited-scope representation. Under the amended
rules, an attorney may work on isolated tasks for
a client without filing a general appearance or
handling the entirety of a case. The rules allow an
attorney to ghostwrite a pleading and not sign his
or her name to the document. If the attorney is
being hired to argue a client’s motion in court, the
attorney must file a limited-scope appearance. The
attorney is permitted to withdraw from the case at
the conclusion of the hearing. This limits the liability
of the attorney while providing important legal
assistance to the client.
Making representation
financially accessible
The spirit of these amendments is to use
limited-scope representation to reach people who
are uninterested in traditional legal fee schedules.
Low- to middle-income clients are often shut out
of the justice system because attorneys demand
high retainers for certain matters. Even if clients can
afford a large retainer, they are often unable to pay
subsequent invoices. A client may be left without
an attorney in the middle of a highly litigious case.
Limited-scope representation allows the client to hire
an attorney to help with the most difficult parts of a
case. The client is left doing most of the legwork but
has assistance from an attorney when needed.
Limited-scope representation is advantageous
to law firms, too. In general, most law firms will quote
a retainer that must be paid before representation
begins. Clients who do not have thousands of dollars
for a retainer will be forced to move forward pro se.
In this case the firm loses business. By using limited-
scope representation, our firm finds out which task the
client needs. We assist the client in completing the task
for a flat fee. The same client may be able to come up
with more money throughout the litigation, creating
an ongoing business relationship with our law firm.
Presenting the options
At our firm, we offer limited-scope representation
to every client who seeks legal services. Clients seeking
divorces are a good example of a common scenario.
Nearly every attorney the clients visit will tell them
that the initial retainer is in the thousands. In contrast,
our firm explains the difference between full-scope
and limited-scope representation, showing clients the
different options for moving forward. One such option
is for our firm to draft the Petition for Dissolution of
Marriage and sit down for a 30-minute consultation.
Clients are responsible for filing the petitions and
moving the cases forward. The clients can contact us
during the pendency of the case if there is something
they are unable to handle, such as discovery or
responding to a motion. This keeps the clients coming
back to the law firm, which increases our business. It
also helps the clients, who would otherwise be without
any legal help.
Our policy is to offer flat fees for limited-scope
representation. Offering flat fees is ideal for clients,
who are never happy hearing, “I am not sure how
much this is going to cost or how long it will take to
complete.” Clients prefer certainty; this maxim holds
true in all industries that provide services to the public.
Law firms need to do something to stay above the
unstable marketplace. Finding a niche is one way to set
yourself apart from the competition.
For us, that niche is offering limited-scope
representation to clients who are otherwise unable to
retain an attorney. Our work has helped many low- to
middle-income clients negotiate marital settlement
agreements and avoid evictions. Moreover, we offer
our clients the dignity of handling their legal matters in
a professional and accessible manner.
■
Finding a niche:
limited-scope
representation
ALUMNI SPOTLIGHT
Nontraditional practice expands client base
Law firms need
to do something
to stay above
the unstable
marketplace.
Finding a niche
is one way to
set yourself
apart from the
competition.
BY PADRA I G MCCO I D ( JD ’12)
Padraig McCoid
is a founding partner of Norkus McCoid, a firm specializing in limited-scope representation. He focuses his practice on family law and real estate matters.
McCoid is an ABA Family Law Section Fellow and cochair of the Family Defense Center’s Young Professionals Network.
pmccoid@norkusmccoid.com
Padraig McCoid (JD ’12)
and his partner have
found a way to set their
firm apart from other
Chicago practitioners.
FALL 2014
33
32
LOYOLA LAW
