Ind. Prof. Cond. Rule 6.5

Services Programs

Effective January 1, 1987

(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or

court, provides short-term limited legal services to a client without expectation by either the

lawyer or the client that the lawyer will provide continuing representation in the matter:

(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the

client involves a conflict of interest; and

(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the

lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.

Comment

[1] Legal services organizations, courts and various nonprofit organizations have established programs through which lawyers provide short-term limited legal services -- such

as advice or the completion of legal forms -- that will assist persons to address their legal

problems without further representation by a lawyer. In these programs, such as legal-

advice hotlines, advice-only clinics or pro se counseling programs, a client-lawyer relationship is established, but there is no expectation that the lawyer's representation of the

client will continue beyond the limited consultation. Such programs are normally operated

under circumstances in which it is not feasible for a lawyer to systematically screen for

conflicts of interest as is generally required before undertaking a representation. See,

e.g., Rules 1.7, 1.9 and 1.10.

[2] A lawyer who provides short-term limited legal services pursuant to this Rule must

secure the client's informed consent to the limited scope of the representation. See Rule

1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of

the need for further assistance of counsel. Except as provided in this Rule, the Rules of

Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to the limited representation.

[3] Because a lawyer who is representing a client in the circumstances addressed by this

Rule ordinarily is not able to check systematically for conflicts of interest, paragraph (a)

requires compliance with Rules 1.7 or 1. 9(a) only if the lawyer knows that the representation presents a conflict of interest for the lawyer, and with Rule 1.10 only if the lawyer knows that another lawyer in the lawyer's firm is disqualified by Rules 1.7 or 1.9(a) in

the matter.

[4] Because the limited nature of the services significantly reduces the risk of conflicts of

interest with other matters being handled by the lawyer's firm, paragraph (b) provides that

Rule 1.10 is inapplicable to a representation governed by this Rule except as provided by

paragraph (a)(2). Paragraph (a)(2) requires the participating lawyer to comply with Rule

1.10 when the lawyer knows that the lawyer's firm is disqualified by Rules 1.7 or 1.9(a). By

virtue of paragraph (b), however, a lawyer's participation in a short-term limited legal services program will not preclude the lawyer's firm from undertaking or continuing the representation of a client with interests adverse to a client being represented under the

program's auspices. Nor will the personal disqualification of a lawyer participating in the

program be imputed to other lawyers participating in the program.

[5] If, after commencing a short-term limited representation in accordance with this Rule,

a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 1.7,

1.9(a) and 1.10 become applicable.