To file a notice of limited appearance in Florida, an attorney and client sign a notice that identifies the specific proceeding or matter the attorney will handle, pair it with a written fee agreement, then e-file the notice with the clerk of the circuit court and serve it on every other party before the attorney appears in the case. Florida authorizes the arrangement in two places: Florida Family Law Rule of Procedure 12.040 for divorce, custody, support, and related matters, and Florida Rule of Civil Procedure 1.041 for general civil cases like contracts, personal injury, and landlord-tenant disputes.
Pick the Rule That Fits Your Case
The procedural track depends on your case type. In family law matters, Rule 12.040 allows an attorney to file a notice at the start of their involvement that limits the representation to a particular proceeding or matter.1Florida Courts. Florida Family Law Rules of Procedure Form 12.900(g) – Agreement Limiting Representation The attorney is considered “of record” only for the task identified in the notice.
For general civil cases, Rule 1.041 provides a parallel framework. The attorney files a notice of limited appearance that identifies the particular proceedings or specified matters the attorney will handle.2Florida Supreme Court. Amendments to the Florida Rules of Civil Procedure – Rule 1.041 The practical effect mirrors the family law version.
Both rules rest on Rules Regulating the Florida Bar 4-1.2(c), which permits an attorney and client to limit the scope of representation if the limitation is reasonable and the client consents in writing after consultation.3Florida Supreme Court. Rules Regulating the Florida Bar – Rule 4-1.2 Written consent is not optional. Without it, the arrangement is not enforceable.
What Goes in the Notice
In family law cases, use Florida Family Law Rules of Procedure Form 12.900(b), titled “Notice of and Consent to Limited Appearance.” The Florida Supreme Court adopted this form specifically to notify the court and opposing parties of the limited engagement and its boundaries.4Florida Courts. Notice of and Consent to Limited Appearance
Under Rule 12.040, the notice must contain the attorney’s name, address, email, telephone number, and Florida Bar number. It must also include the client’s name, address, and telephone number, along with the client’s email address if the client designates one for service. The heart of the document is a precise description of the proceedings or matters the attorney will handle. Vague language like “various hearings” is not enough. The description should identify, for example, a specific motion hearing date, a mediation session, or a particular issue like child support modification.
Every pleading or document the limited-appearance attorney later files must carry a bold-type statement on the signature page identifying the attorney, their contact information, and the limited purpose of the representation. The disclosure goes on every filing, not just the first one. The client must sign the notice itself, confirming consent to the arrangement.
The Written Fee Agreement
Beyond the notice filed with the court, you and your attorney need a separate written agreement that spells out the scope of work and the fees. In family law cases, Florida provides a standardized template: Form 12.900(g), the Agreement Limiting Representation. It functions as a supplemental rider to the attorney-client fee agreement and must describe, in detail, the attorney’s duties in the client’s individual case.1Florida Courts. Florida Family Law Rules of Procedure Form 12.900(g) – Agreement Limiting Representation
This agreement is where you nail down the details the court notice doesn’t cover: how much the representation costs, what happens if the matter becomes more complicated than expected, and exactly which tasks fall inside and outside the attorney’s responsibilities. The requirement traces back to Rule 4-1.2(c), which mandates that any scope limitation be reasonable and that the client consent in writing after consultation.3Florida Supreme Court. Rules Regulating the Florida Bar – Rule 4-1.2 A vague verbal understanding does not satisfy this standard. If a dispute later arises over what the attorney was supposed to do, the written agreement is what everyone will look at.
The standardized form is a starting point. Build in a provision explaining what happens if the matter expands past the original scope. Most limited appearances use a flat fee for the defined task, though hourly arrangements exist for matters with less predictable boundaries.
Filing and Serving the Notice
Once the notice is complete and signed by both the attorney and the client, it must be filed with the clerk of the circuit court in the county where the case is pending. Florida requires electronic filing for nearly all court documents. You submit the notice through the Florida Courts E-Filing Portal, the statewide system that connects filers to every county’s court records.5Florida Courts E-Filing Authority. Florida Courts E-Filing Authority
There is no separate filing fee for the notice itself. Florida’s filing fee statutes impose charges when a party initiates a case or files a pleading seeking affirmative relief, and a notice of limited appearance falls into neither category.6The Florida Legislature. Florida Statutes 28.241 – Filing Fees for Trial and Appellate Proceedings If the attorney files a motion or other pleading alongside the notice, that filing may carry its own fee depending on its nature.
Filing with the clerk is only half the requirement. Florida Rule of General Practice and Judicial Administration 2.516 requires that the notice be served on every other party in the case. After the initial service of process in the underlying action, most service happens by email through the e-filing portal’s automated system.7Florida Courts. Florida Rule of General Practice and Judicial Administration 2.516 – Service of Pleadings and Documents
Timing matters. The notice must be filed before the attorney appears at any proceeding. An attorney who shows up to a hearing without having already filed the notice risks being treated as general counsel for the entire case.
If the Attorney Is Only Drafting Documents
Limited scope representation does not always involve a court appearance. An attorney may draft pleadings, motions, or other legal documents for you without ever stepping foot in the courtroom, and no notice gets filed in that situation. Florida permits this with one important condition: any pleading prepared by an attorney for a self-represented litigant must indicate that it was prepared with the assistance of counsel. Florida does not require you to disclose the attorney’s name, only the fact that you had professional help drafting the document. That disclosure must appear on every filing the attorney helped produce.
Ending the Limited Appearance
In family law cases, the attorney’s role ends automatically once the identified proceeding or matter concludes. No motion is required, and no judge needs to approve the exit. The attorney files a Termination of Limited Appearance using Form 12.900(d).8Florida Courts. Florida Family Law Rules of Procedure Form 12.900(d) – Termination of Limited Appearance This is a meaningful advantage over a general appearance, where an attorney typically needs the court’s permission to withdraw.
The termination notice must include the names and last known addresses of the persons the attorney represented. It must be served on every other party in the case under the same Rule 2.516 service requirements that applied to the original notice.8Florida Courts. Florida Family Law Rules of Procedure Form 12.900(d) – Termination of Limited Appearance Once filed and served, the clerk removes the attorney from the case records and updates the party’s contact information.
The moment the termination takes effect, you are back to representing yourself. Every deadline, every filing obligation, and every hearing notice is now your responsibility alone. If upcoming deadlines fall shortly after the limited appearance ends, plan for that transition before the attorney wraps up. The most common problem is not the legal work itself but the handoff: clients who don’t realize they are on their own again until they miss something.