Limited Scope Representation in Federal Courts

Summary#

This is a proposed change, published April 10, 2021, to the Federal Courts Rules that would let a lawyer act for a party for only part of a court case (called “limited scope representation” or “unbundling”). If adopted, the change aims to make it easier and cheaper for people to hire a lawyer for specific steps in a Federal Court or Federal Court of Appeal proceeding. Interested people may make written comments within 60 days of publication.

What it does#

• Adds a formal option for a party to hire a lawyer for only part of a proceeding (amendment to Rule 119 and related rules).
• Changes definitions and service rules so the court and other parties know when a lawyer is acting on a limited mandate (amendments to Rule 2, Rule 66, Rule 126, and a new Rule 126.1).
• Sets out how a limited mandate is listed on the record, how it starts and ends, and when the solicitor is considered the solicitor of record (Rules 122–124, replacement text).
• Creates a new notice form, Form 124D — Notice of Limited Scope Representation, that must state the scope and duration of the lawyer’s mandate and who should be served with documents.
• Adds rules on where documents must be served while a lawyer’s limited mandate is in effect (new Rule 148.1).
• Repeals Rule 209 (which dealt with an exceptional appearance for a preliminary objection).
• Clarifies appeals where the solicitor in the first instance had a limited mandate (amendment to Rule 340).
• Adds a billable item to Tariff B so a lawyer can seek costs for preparing the limited-scope notice.
• Allows, with the court’s leave, a solicitor to appear before the formal limited-scope notice is filed; if leave is granted the notice must be filed within two days.

Note: these are proposed amendments. They would take effect if the rules are approved and registered.

Who's affected#

• Parties in the Federal Court and the Federal Court of Appeal who want a lawyer for only part of a case (for example, just for an application, a motion, or a hearing).
• Lawyers and law firms who may want to offer limited-scope retainers to clients.
• Court staff and registries because of new filing and service procedures.
• Groups the proposal specifically mentions as included: First Nations, Métis, and Inuit litigants (the changes are intended to be available to all litigants).
• The notice says small businesses will not be affected under the “small business lens.”

If it is unclear who will notice particular effects, the rules themselves set the details of scope, service, and filing.

Why it matters#

• It makes hiring a lawyer more flexible and potentially more affordable by letting people pay for help just for the parts of a case they need help with.
• That could increase the number of litigants who have lawyer help, which may improve outcomes and speed up proceedings compared with purely self-represented litigants.
• Lawyers get a clear, formal way to accept limited retainers and to recover a small fee for preparing the notice.
• The change is procedural — it does not create new substantive rights or benefits, but changes how representation, document service, and cost claims are recorded and handled in Federal Court matters.
• This is a proposal, not yet law. The public can comment on it during the 60-day period after April 10, 2021.