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Date: April 1, 2024

Florida’s Amended “Limited Appearance Attorneys” Rule Effective April 1

by Foley Mansfield
Date: April 1, 2024
by Foley Mansfield

Florida’s Amended “Limited Appearance Attorneys” Rule Effective April 1

Effective immediately, “Limited Appearance Attorneys,” an amended rule of civil procedure, Rule 1.041 titled, takes effect.

The rule provides clients with flexibility to pick and choose whether, when, and to what extent to involve appellate counsel as trial support for their chosen trial attorney. The rule will make it simpler for clients to choose trial counsel at one firm, and appellate/trial support counsel at another.

The Limited Appearance Attorneys rule allows attorneys to file appearances limited to particular hearings or proceedings, or in any limited capacity, i.e., as trial support generally or trial support for a particular motion or issue. For example, a client could hire an appellate attorney to draft and argue a motion to dismiss or motion for summary judgment, but otherwise want the trial attorney to handle the case. A client could then retain the same or different appellate counsel to assist with pretrial motions, jury instructions, and issue preservation at trial. The appellate attorney could file a limited notice of appearance under the new rule, identify the scope of representation, and after fulfilling the limited appearance, file a notice (not a motion) to withdraw.

The rule is meant to promote “unbundled” legal services. It will remove procedural barriers to hiring trial support/appellate counsel early, or at any point chosen by the client and/or recommended by the trial attorney.

 

Contacts:

Mary Street

Margaret Johnson

Related Practices:

Appellate Litigation and Support

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