Appellate Trial Support Made Easier with Florida Rule of Civil Procedure 1.041

Partnering with appellate counsel in a limited trial-support role is about to become much easier thanks to the adoption of Florida Rule of Civil Procedure 1.041, Limited Appearance Attorneys, which takes effect April 1, 2024. Under Rule 1.041, attorneys may file appearances limited to particular proceedings or specified matters. The reason for the adoption of this rule is simple: more access to “unbundled” legal services, which provides Floridians greater access to the court system. As detailed below, this rule change will make it less expensive, easier, and more convenient to partner with appellate attorneys in a limited trial-support role.

There are three main takeaways for litigants and practitioners looking to partner with appellate counsel in a limited trial-support role. First, the notice of limited appearance must identify which “proceedings” or “specified matters” to which representation is limited. Rule 1.041(b)(2). For example, if a trial attorney wants an appellate attorney to draft and argue a motion to dismiss for lack of personal jurisdiction, the embedded appellate attorney can specify that the scope of representation is limited to filing and arguing a motion to dismiss. See Rule 1.041(b)(2).

Second, the limited-appearance attorney must be served all documents, pleadings, and notices of hearings served in the case—even when they involve issues outside the scope of the limited representation. Rule 1.041(d)(1). For example, if opposing counsel partners with an appellate attorney to help with a motion for summary judgment, and during the summary judgment period a claim and a hearing is set on your prior motion to compel discovery, the notice of hearing must be served on the limited appearance attorney—even though the discovery dispute is outside the scope of the motion for summary judgment. See Rule 1.041(d)(1).

Third, a trial-support attorney’s withdrawal will be streamlined for convenience. Historically, in most circumstances, an attorney (including a trial-support attorney) could withdraw only after filing a motion setting forth the reasons for withdrawal and attending a hearing on the motion. Fla. R. Jud. Admin 2.505(f)(1). This was often an unnecessarily time-consuming exercise, especially considering how difficult it can be to find an available hearing window in Florida’s busy court system. And even then, there was no guarantee that the court would permit withdrawal. For example, courts are reluctant to leave litigants unrepresented.

But now, things will be different. Rule 1.041, in tandem with Florida Rule of Judicial Administration 2.505(f)(5), provides a mechanism for trial-support attorneys to withdraw without requesting relief in a motion and attending a hearing. Now, attorneys can withdraw simply by filing a notice (not a motion) stating that the limited appearance has terminated. This streamlined process gives appellate attorneys more control over their involvement in litigation. And it gives clients—the people who matter most—more certainty and convenience when navigating the marketplace for worthwhile legal services.

We at Alexander Appellate Law P.A. believe that the adoption of Rule 1.041 will achieve its intended goal of providing Floridians greater access to the courts.