Also known as: scope of representation
Written by attorneys · grounded in primary & secondary sources — see below
The agreed boundaries of legal services that a lawyer undertakes to provide a client in a given matter. A lawyer may limit those boundaries when the limitation is reasonable under the circumstances and the client gives informed consent.
Sydney Santos met with attorney Sean Steele to discuss review of a book manuscript. Steele stated at the outset that he would examine only defamation risks and would provide no advice on contracts or source protection. Santos signed a one-page retainer letter confirming the limit. When Santos later emailed questions about contract terms, Steele answered briefly without restating the boundary.
Silverline Industries retained attorney Sierra Santos solely to negotiate one endorsement deal. The signed retainer stated that Santos would handle no team contracts or tax matters and noted that another firm already managed those issues. The client later asked Santos for advice on an unrelated trade offer. Santos immediately declined and pointed back to the written limit.
Select any source to read its text and confirm it supports the definition.
The lawyer must demonstrate that the limitation is reasonable under the circumstances and that the client gave informed consent. Written documentation created at the outset strengthens both showings. Subsequent conduct that blurs the line can undermine the limitation even if the initial agreement was clear.
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Yes. When a client has little prior experience with lawyers or the subject matter, general statements in a retainer may be insufficient. The lawyer must supply enough concrete information for the client to understand the practical consequences of the excluded services.
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The lawyer must communicate the scope and the basis or rate of the fee, preferably in writing, before or within a reasonable time after commencing the representation. No separate communication is required for a regularly represented client charged on the same basis.
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Yes. If the lawyer answers questions outside the stated boundaries without reiterating the limit or declining, the client may reasonably believe the scope has expanded. That conduct can render the original limitation no longer reasonable under the circumstances.
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