Greg Kincaid

Limited Representation.

      Some families may not be able to afford the cost of a divorce. These families have often tried to download forms from the internet or otherwise struggle to do it themselves.  This has caused problems for the simple reason that the forms are often not completed correctly and the divorcing family members may not understand the consequences of the agreements they are asking the court to approve.   Lawyers have traditionally been reluctant to represent clients in a limited way for fear that the client would later complain that the lawyer did not explain fully the process to them or should be held responsible for the portions of the work that the client was to complete. As a result, most attorneys prefer to either take-on the entire process or not be involved at all.

      The Kansas Supreme Court has launched a pilot program in certain counties, including Johnson, that tries to better balance the needs of both the client and the attorney.   Although not a requirment, most would agree that this program will probably work best for very simple divorces, with limited assets or debts, and a high degree of cooperation between the spouses.

      In a limited respresentation divorce, the client and the attorney enter into a special agreement that allows the attorney to only perform limited functions and the client clearly absolves the lawyer from any responsibiity to complete or review the aspects of the divorce being handled by the client.  For instance, the lawyer might help the client to prepare the necessary forms, but would not be involved in negotiating the settlement terms.

      In cases where we accept a role of lmited represenation, we would expect that the total cost of the divorce would be approximately $1,000, plus a filing fee.  For more information, please contact us.  Please also review the limited representation form:  gdkform - Limited Scope Representation Agreement (194418)2.DOC.  The Supreme Court has also approved an excellent set of forms for parties trying to complete a divorce on their own or with limited assistance.  You may find those forms at: www.kansasjudicialcouncil.org/DivorceForms.shtml