Limited scope legal services (also called unbundling, limited scope retainer, limited scope representation, a la carte legal services, discrete task representation, etc.) is an approach to delivering legal services in which the lawyer and client break down the client’s legal matter into a list of discrete tasks and the lawyer provides legal services for only a portion of those tasks.  

Limited scope legal service may also involve legal coaching  where a lawyer helps the client with strategies and tools to present their case as effectively as possible. Within a limited scope model, the client accepts responsibility for performing all other tasks as agreed. This can help minimize legal costs and self-representation within the legal system but limited scope legal services may not be right for every person or every case. 

Lawyers provide limited legal services in many contexts such as giving independent legal advice, providing a second opinion on a legal issue, providing initial consultations, and advising in the role of duty counsel. Some examples of limited scope legal services include: 

• An initial consultation meeting 
• Providing strategic advice, including various resolution options 
• Drafting specific documents (pleadings, arguments, affidavits, orders) 
• Conducting legal research 
• Appearing in court for one application/hearing 
• Coaching on process, strategy, negotiation or participation in court 
• Representation during a mediation 
• Drafting an agreement deriving from a mediation 
• Providing independent legal advice on a mediated agreement 
• Organizing documents 
• Any other service which might be contemplated as helpful by the client 

Lawyers providing limited scope legal services have the same duties of competence and ethical conduct as those who provide full-representation services.  

The Law Society of Saskatchewan Code of Conduct provides guidance to lawyers delivering limited scope legal services. 

Sub-section 1.1-1 defines limited scope retainer – “means the provision of legal services for part, but not all, of a client’s legal matter by agreement with the client”. 

Sub-section 3.1-2 reinforces that a lawyer must perform all legal services undertaken on a client’s behalf to the standard of a competent lawyer. Commentary 7A for this rule requires a lawyer to consider whether to provide legal services under a limited scope retainer it is possible to render those services in a competent manner.  

Sub-section 3.2-1A indicates that before undertaking a limited scope retainer a lawyer must advise the client about the nature, extent and scope of the services that the lawyer can provide and must confirm in writing to the client as soon as practicable what services will be provided.  

Read more: Model Retainer Agreement   

Related commentary notes that if the limited services being provided include an appearance before a tribunal, care must be taken not to mislead the tribunal as to the scope of the retainer. This may require disclosure of the limited nature of the retainer and all applicable rules of the tribunal should be adhered to. A tribunal is defined as “a court, board, arbitrator, mediator, administrative agency or other body that resolves disputes”.  

Sub-section 7.2-6A addresses communication on a limited scope file and details responsibility on lawyers to communicate in writing the extent of their involvement in a legal matter for which they expect to be contacted. Commentary reinforces that unless specifically advised, an opposing lawyer can deal directly with the client. It is important to detail the nature of the retainer and its scope in writing to opposing counsel.  

• Consider whether limited scope services are right for you and your firm. Are the types of matters you handle capable of being broken down into separate tasks with a clear structure to the progress of the tasks and matter as a whole? 
• Lawyers have a duty to outline the scope of a limited retainer and the Model Retainer Agreement offers a template. As good practice, it is advised to read the agreement with a client and to answer any questions fully before allowing a client to sign. No additional work should be done without a written amendment or a new written retainer for additional services. 
• Be clear with clients regarding their ability to ask follow-up questions. If you will not be answering additional questions about their matter by email or telephone without additional fees, make this very clear to the client. 
• Seek help when you need it. If you need help interpreting the Code of Conduct, contact the Law Society.   

There are a number of resources available to help lawyers deliver limited scope legal services effectively:  

• Law Society podcast episode on Limited Scope Legal Services
• Model Retainer Agreement 
• Client Intake Guide 
• Good Practices for Limited Scope Services  
• Resources developed by LawPRO (Ontario) and the Lawyers Indemnity Fund (British Colombia)  
• Resource developed by the National Self-Represented Litigants Centre titled ‘The Nuts and Bolts of Unbundling’ 
• Study by John Paul Boyd titled ‘Client and Lawyer Satisfaction with Unbundled Legal Services’ which highlights many of the benefits for lawyers of limited scope legal services 
• Article by the Canadian Bar Association title ‘Limited Scope Retainers: What’s in it for You?’