Limited Representation Agreement
Last Revised: March 3, 2024
If you have any questions about this Limited Representation Agreement, please contact OVLA's Clinic Coordinator at cliniccoordinator@oregonvla.org before participating in the legal clinic.
This Limited Representation Agreement (“Agreement”) is an agreement between you and Oregon Volunteer Lawyers for the Arts ("OVLA") and governs your participation in OVLA’s legal clinic. Please read it carefully as it affects your legal rights and obligations.
You agree to be bound by and follow the terms of this Agreement by participating in the OVLA legal clinic after your application is approved. If you are applying to the clinic on behalf of an organization, you acknowledge and agree that this Agreement applies to the organization and represent that you are authorized to enter into this Agreement on behalf of the organization.
1. Scope of Representation.
You are engaging OVLA to provide you with a volunteer attorney through OVLA’s legal clinic (“Attorney”) for one 50-minute consultation in connection with the legal issue that OVLA approved for pro bono services (“Matter”). OVLA may also provide you with additional services related to that Matter after the consultation if it is approved by OVLA and your assigned Attorney. OVLA or your assigned Attorney may request that you sign a separate representation agreement governing such additional services, but if no separate agreement is signed by the parties, this Agreement governs those additional services, if any.
The “Scope of Representation” refers collectively to the consultation and any approved additional services for the Matter. The representation does not include consultation or representation in any type of litigation or on any other matters or issues. OVLA may assign your Matter to a different volunteer attorney in its discretion.
2. Limited Representation.
The Attorney will provide you with limited representation in the Matter. You acknowledge that limited representation is different from “full-service” representation, which generally would include full investigation of the relevant facts, legal research, analysis of the issues, advice and counsel on all issues, negotiations with third parties, and documentation of any action taken. You acknowledge and agree that “limited representation” through OVLA consists of general information and advice about the legal issues presented by the Matter.
By participating in the OVLA legal clinic, you understand and agree that: (i) the scope of the representation is limited to the Scope of Representation; (ii) the representation is terminated after completion of the Scope of Representation or if OVLA is unable to provide you an Attorney; and (iii) you need to apply for the OVLA legal clinic again for any further assistance or directly engage an attorney outside of OVLA.
3. Payment for Services.
The only charge for representation through OVLA's legal clinic is an administrative application fee payable to OVLA. The application fee is considered fully earned immediately upon receipt and must be paid to participate in OVLA’s legal clinic. Please see the OVLA website for the current OVLA application fee. OVLA may modify or waive the fee in its discretion.
The Attorney does not charge for their legal services through OVLA. You are responsible for paying any other fees or costs associated with your Matter such as filing fees, costs charged for obtaining records, long distance telephone calls, or postage for sending certified mail, including after termination of this Agreement.
4. Additional Client Responsibilities.
You agree to:
Provide the Attorney with complete, accurate, and timely information, and pay for any fees associated with your Matter for services that you request or approve.
Identify a primary contact person that the Attorney may communicate with regarding the Matter.
Attend and be on time for all appointments and scheduled meetings, and comply with all deadlines for filing documents or otherwise.
Completely and accurately disclose to OVLA your income, including significant increases in your income, and other requested financial information. You understand that eligibility for the OVLA’s services is based on this financial information.
Refer communications regarding the Matter to the Attorney. Although you retain the right to make decisions as to the objectives of the representation, including how to resolve any aspect of the Matter as permitted by law, you agree to keep the Attorney informed about the Matter and understand that any lack of cooperation by you may undermine the work performed by the Attorney on your behalf.
5. Termination of Representation.
To the extent reasonably permitted by the applicable Oregon Rules of Professional Conduct (https://www.osbar.org/rulesregs), the attorney-client relationship terminates: (i) at the conclusion of the Scope of Representation or if OVLA is unable to provide you an Attorney; or (ii) when you or OVLA provides written notice of termination to the other party, whichever occurs first. If OVLA terminates the representation prior to the conclusion of the Scope of Representation, you agree that OVLA’s only liability to you is to refund the clinic application fee.
For more information about OVLA’s duties to former clients, please see the Oregon State Bar’s Rules of Professional Conduct (https://www.osbar.org/rulesregs).
6. Confidentiality; Document Retention.
Your assigned Attorney will keep confidential any documents related to your Matter and will retain them for as long as required by the Oregon State Bar (https://www.osbar.org/) and Professional Liability Fund (https://www.osbplf.org/) except to the extent the Oregon Rules of Professional Conduct (https://www.osbar.org/rulesregs) reasonably permit disclosure. OVLA does not retain any documents related to your Matter other than your application for the legal clinic.
You are responsible for retaining your documents and any documents related to your Matter provided to you by the Attorney. You authorize OVLA and the Attorney to destroy any documents or other material related to your Matter 10 years after termination of this Agreement or sooner if permitted by the applicable rules of practice.
You agree to allow OVLA to collect and use statistical information about the type of client and nature of work performed, and to describe such work in internal and external communications about OVLA, including on its website and in its fundraising and marketing materials.
7. Conflict of Interest.
You represent that you have provided accurate information in your application and are not aware of any actual or potential conflicts of interest arising from the Attorney’s representation of you and their other clients. Based on this information, the Attorney has reviewed their records and informed OVLA that they are not aware of any actual or potential conflicts of interest arising from the Attorney’s representation of you and their other clients.
If a conflict of interest is identified, the party identifying the conflict will disclose it to the other party and OVLA. Any conflict waiver will be handled by a separate letter that will fully disclose the implications of this conflict.
You acknowledge and agree that: (i) OVLA uses many volunteer attorneys; (ii) other than your assigned Attorney, OVLA’s volunteer attorneys do not represent you or have any other obligation to you because of their association with OVLA; and (iii) it may be possible that one of OVLA’s other volunteer attorneys may become adverse to you in the Matter or other matters.
OVLA takes reasonable steps to keep your confidential information private from OVLA’s other volunteer attorneys. Except for your assigned Attorney and any attorneys or staff who obtain actual knowledge of your confidential information through OVLA, you acknowledge and agree that there is no conflict of interest presented by these other attorneys’ association with OVLA.
8. Disclaimer of Guarantee.
The Attorney and OVLA make no promises or guarantees to you about the outcome of the representation.
9. New Application Required for Additional Services.
You understand and agree that you must apply again to OVLA’s legal clinic if you wish to have OVLA provide additional services other than the Scope of Representation or services after completion or other termination, and the application will be processed as a new application separate from the Scope of Representation.
10. Full Agreement.
By participating in the OVLA legal clinic after your application is approved, you acknowledge and agree that you have read this Agreement carefully and understand and agree to all of its provisions. This Agreement is all-inclusive and represents our final agreement regarding the subject matter described in it and supersedes any prior or contemporaneous discussions or agreements with respect to such subject matter. No changes may be made to this Agreement without a written amendment signed by you and OVLA.