Michigan allows clients to have a lot of control over what they hire a lawyer to do. Michigan allows clients to choose a limited scope representation in civil cases, including family law cases. MCR 2.117(B)(2)(c), MRPC 1.2(b). Michigan also allows attorneys to assist clients with drafting documents without the attorney signing the document. MRPC 1.2(b)(1).
Traditionally, someone who hires a lawyer pays a retainer (a retainer is a type of prepayment), and then pays however much their attorney bills them for anything and everything the attorney does for the case. For many people, this system works well, and lawyers have ethical obligations related to billing fairly.
For some people, though, less is more. Some people only need an attorney for one part of a case, for instance filing the first complaint or attending mediation. They are perfectly comfortable representing themselves for other parts of their case. Or, they might want help drafting a motion, but they do not need the full services of an attorney.
Hiring an attorney for a limited scope representation allows a client to say, I want an attorney for this one particular part of my case and ONLY that part. The client is the one who decides what the scope is. No one else gets to decide that, including the attorney, opposing counsel, or even the judge. MCR 2.117(B)(2)(c).
The limited representation, and the option for hiring an attorney for assistance in drafting only, allows clients to save a considerable amount of money. These options allow clients to set firm limits on what they will pay to an attorney. The client and attorney can agree on an hourly rate or a flat fee, depending on what is appropriate and works for both parties.
A limited representation can always be expanded into a traditional representation. A new agreement would be needed between the attorney and client, and a new appearance should be filed with the court.
