Limited Assistant Representation

May 5th, 2009

Starting May 1, 2009, the Limited Assistant Representation program will be available in all Massachusetts trial courts.

The Limited Assistant Representation (LAR) program started with three probate & family courts in Massachusetts. It was set up to help people who need the help of the courts but could not afford an attorney. Traditionally, if you wanted an attorney to represent you in court, that attorney would have to represent you for the entire case. However, attorneys do charge a lot of money and no every can afford the hourly rates (or even flat rates) that some attorneys charge. In an effort to provide representation to more people needing access to the courts, Massachusetts allowed the unbundling of legal representation by attorneys. In effect, attorneys can now represent a person at only one hearing or for a short period of time and without permission from the courts, withdraw from the case. This limited representation can be done many times for a single client and can be a very cost effective way to help an attorney advocate for a client who cannot afford full legal representation.

Is LAR for everyone? No. It was set up to help lower income individuals have better access to the courts. It is “limited” not only in the amount of time an attorney represents you, but it is also limited in the sense that an attorney cannot provide their best legal service to a client who they are not retained the entire case for. The attorney cannot possibly know or be able to advise the best course of action if they are not helping to control and shape the course of litigation.

If you can afford an attorney, it is still much better to retain one in the traditional sense. However, there is now better and fairer access to our court system for lower income individuals and as Martha Stewart says, it’s a good thing.

Note: Not all attorneys are trained in the LAR program. The trial courts have set up a training session for attorneys who wish to take it. I took it when the pilot program was started in Norfolk Probate Court. You can find a list of LAR attorneys if you ask a clerk of the court.

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