A broad vision for how just a few lawyers who share actual numbers on their profitability
from unbundled legal services will gradually turn the tide on the number of attorneys introducing these options in their practice, and the impact this has on access to justice nationwide
Not exact matches
LAWPRO's concern that
unbundling could lead to more claims stems
from the fact that the biggest causes of claims against lawyers — communication issues and inadequate investigation or discovery of facts — are at least equally, if not more likely, to occur during the provision of
unbundled legal services.
Proposed amendments to Civil Rules 3, 5, and 11 would allow for attorneys to more easily provide
unbundled legal services and remove themselves
from cases after agreeing to serve as counsel only for a specific portion of the case.
Be careful with communications when opposing counsel is acting on an
unbundled basis: The commentary under 3.2 - 1A.1 provides that: «a lawyer who is providing
legal services under a limited scope retainer should consider how communications
from opposing counsel in a matter should be managed.»
Maybe this falls under «
unbundling legal services» but seen
from the buyer's point of view, not the seller's.
An attorney may provide
unbundled legal services with a virtual law office as the sole method of delivering
legal services to clients, or a virtual law practice may be added to an existing law office as an amenity to in - person client or as a method of pulling in additional revenue
from a separate online client base.
Even if document automation is not used to deliver
unbundled legal services online, attorneys may enjoy the flexibility that is provided in their schedules by requiring that the online client be responsible for handling the footwork of executing or filing a document for themselves with instruction
from the attorney.
Lawyers will not have to sacrifice
legal fees to offer
unbundled services if they take note
from the business models that work best.
Then I think there's kind of this parallel track of issues to unpack where there's a distinction between small firms that have built their business model around being able to help solve problems of access, whether that's around
unbundling their
services or how they do their pricing, or giving away some free do it yourself content on the front end, whether that's also as part of their lead acquisition strategy or just as a
service to people who need it, is I think separate
from people who then volunteer their time in pro bono efforts, or people who donate their money to
legal charitable causes.
Generally, the fact of a limited scope retainer, aka an
unbundled legal service, does not detract
from the professional obligations of the lawyer such as competency, confidentiality, ethics and the avoidance of conflicts of interests.
... many [self - represented litigants] sought some type of «
unbundled»
legal services from legal counsel; for example, assistance with document review, writing a letter, or appearing in court.
If you've recently provided
unbundled legal services in BC, please consider this invitation
from Kari Boyle (who's championed the project to date):
Many clients seeking out
unbundled legal services expect that they will be responsible for handling much of the footwork, but to ethically provide limited scope
services you need to be extra clear
from the first contact with a prospective client.
Comment, The Changing Face of
Legal Practice: Trends in Thinking About
Unbundled Legal Services — Twenty - Six Recommendations
From the October 2000 Baltimore Conference (page 26)
Just back
from the ABA's family law conference where I gave a talk on asset searching, I heard a wonderful talk
from the «father of
unbundling» of
legal services, Forrest «Woody» Mosten.
Chapter 2:
Unbundling: How It Works Limited
Legal Services Stage 1: Office Preparation Stage 2: Clarify Your Approach Stage 3: Initial Client Intake Conference Stage 4:
Unbundling Assessment Stage 5: Contracting for
Unbundling Stage 6: Monitoring Limited
Services Stage 7: Converting
from Unbundled to Full
Service Representation Stage 8: Evaluation of Client Satisfaction Practice Tips
Chapter 15: Involuntary
Unbundling: Limited Scope
Services for Underserved Populations Involuntary
Unbundling Perspectives on Delivering
Unbundled Legal Services to the Poor How Mutual Biases May Impact
Legal Representation Tips for Breaking Poverty Barriers to Equal Justice How Racial Disparities May Impact Provision of
Unbundled Legal Services Our Justice System
from an Immigrant Perspective How Mental Health Issues May Impact Provision of Limited Scope
Legal Services Providing Limited Scope
Services Remotely Practice Tips Endnotes
Why
unbundled was once considered to be a standalone
service separate
from litigation, but has now become a valuable
service option for both uncontested and contested
legal matters
Unbundling legal services can be a dirty word to some bar associations and regulators, who would like to require a lawyer do all the work
from beginning to end — and perhaps maintain the lawyer mononopoly while limiting
services.
They also discuss why they believe offering
unbundled services not only gives many people the ability to get
legal help that otherwise couldn't afford it, but also why it is a very profitable decision
from a business standpoint as well.Read more»
Technology creates a new set of dynamics for the implementation of
unbundled legal services,
from the straightforward directory to that which have not even conceived yet.
The value of creating multiple
service options including
unbundled legal services, and sharing them starting
from the lowest cost option to the highest
wouldn't tell the public that the problem is not the Law Society's problem, as in effect it does; (15) LSUC's website wouldn't state that lay benchers «represent the public interest,» which is impossible now that we are well beyond the 19th century; (16) CanLII's
services would be upgraded in kind and volume to be a true support service, able to have a substantial impact upon the problem, and several other developed support services, all provided at cost, would together, provide a complete solution; (17) LSUC's management would not be part - time management by amateurs - amateurs because benchers don't have the expertise to solve the problem, nor are they trying to get it, nor are they joining with Canada's other law societies to solve this national problem; (18) the Federation of Law Societies of Canada would not describe the problem as being one of mere «gaps in access to legal services» (see its Sept. 2012 text, «Inventory of Access to Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate auth
services would be upgraded in kind and volume to be a true support
service, able to have a substantial impact upon the problem, and several other developed support
services, all provided at cost, would together, provide a complete solution; (17) LSUC's management would not be part - time management by amateurs - amateurs because benchers don't have the expertise to solve the problem, nor are they trying to get it, nor are they joining with Canada's other law societies to solve this national problem; (18) the Federation of Law Societies of Canada would not describe the problem as being one of mere «gaps in access to legal services» (see its Sept. 2012 text, «Inventory of Access to Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate auth
services, all provided at cost, would together, provide a complete solution; (17) LSUC's management would not be part - time management by amateurs - amateurs because benchers don't have the expertise to solve the problem, nor are they trying to get it, nor are they joining with Canada's other law societies to solve this national problem; (18) the Federation of Law Societies of Canada would not describe the problem as being one of mere «gaps in access to
legal services» (see its Sept. 2012 text, «Inventory of Access to Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate authori
legal services» (see its Sept. 2012 text, «Inventory of Access to Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate auth
services» (see its Sept. 2012 text, «Inventory of Access to
Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate authori
Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate auth
Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «
unbundled, targeted»
legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate authori
legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate auth
services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions
from its representative functions, to be exercised by separate authorities.
targeted (
unbundled)
legal services (as distinguished
from a full retainer to provide all of the
legal services necessary to deal with clients»
legal problems);
They also discuss why they believe offering
unbundled services not only gives many people the ability to get
legal help that otherwise couldn't afford it, but also why it is a very profitable decision
from a business standpoint as well.
Collaborative efforts stemming
from our February 11, 2016 Access to Justice BC Leadership Group meeting resulted in Access to Justice BC working alongside the Mediate BC Family
Unbundled Legal Services Project (funded by the Law Foundation) to support and promote the availability of «unbundled» legal
Unbundled Legal Services Project (funded by the Law Foundation) to support and promote the availability of «unbundled» legal serv
Legal Services Project (funded by the Law Foundation) to support and promote the availability of «unbundled» legal s
Services Project (funded by the Law Foundation) to support and promote the availability of «
unbundled» legal
unbundled»
legal serv
legal servicesservices.
From medical -
legal partnerships in Ontario to
unbundled service projects in Alberta to pre-paid
legal insurance programs in Quebec, justice system stakeholders are re-imagining ways to provide universal access to justice across Canada.
[vii] Alternative
legal services (ALSs) are, for example: clinics offering advice, self - help webpages, phone - in
services, paralegal and law student programs, family mediation
services, social justice tribunals, and court procedures simplification projects, public
legal education information
services, programs for targeted (
unbundled) limited retainer
legal services (as distinguished
from a full retainer to provide the whole
legal service), pro bono (free)
legal services for short and simple cases, and the National Self - Represented Litigants Project, the purpose of which is to help self - represented litigants to be better litigants without lawyers.
Many lawyers are already providing
unbundled legal services, although they may call them something different and, due to their concerns, may refrain
from promoting or advertising those
services.
[6] Alternative
legal services (ALSs) are, for example: clinics of various types; self - help webpages; phone - in
services; paralegal and law student programs; family mediation
services; social justice tribunals; and court procedures simplification projects; arbitration and mediation for dispute resolution; public
legal education information
services; programs for targeted (
unbundled) limited retainer
legal services (as distinguished
from a full retainer to provide the whole
legal service); pro bono (free)
legal services for short and simple cases; and, the National Self - Represented Litigants Project, the purpose of which is to help self - represented litigants to be better litigants without lawyers.
[iii] Alternative
legal services (ALSs) are, for example: clinics of various types, self - help webpages, phone - in
services, paralegal and law student programs, family mediation
services, social justice tribunals, court procedures simplification projects, arbitration and mediation for dispute resolution, public
legal education information
services, programs for targeted (
unbundled) limited retainer
legal services (as distinguished
from a full retainer to provide all of the
legal services necessary), pro bono (free)
legal services for short and simple cases, and the National Self - Represented Litigants Project, the purpose of which is to help self - represented litigants to be more effective self - represented litigants.
The evaluation report also points out areas needing further research (including more robust input
from clients who have used
unbundled legal services).