Legal Fee Saver Inside Tip #4: Unbundled Representation
“Unbundled representation,” also known as “discrete task” or “limited scope” representation can, in the right circumstances, save divorcing spouses a lot of money.
In the approximately 40 states that permit it, unbundled representation allows divorcing individuals to choose which parts of their case a lawyer will handle. Tasks that can be easily separated from the rest of a case lend themselves to “unbundling.”
Those tasks include:
- • Court proceedings such as temporary custody or support hearings and trial
- • Where permitted, drafting court filings (“ghost-writing”)
- • Drafting settlement agreements
- • Providing legal advice and opinions upon request
- • Legal research
- • Reviewing documents and agreements
A successful unbundled representation arrangement requires the following:
- • A client able to manage certain tasks customarily handled by lawyers
- • A written agreement clearly specifying the respective responsibilities of attorney and client
- • A client educated about how unbundled representation works, its benefits, and its limitations
- • Adherence to relevant state ethical rules and laws
Unbundled representation is not for every client or every case. It has a number of potential downsides:
- • The line between the respective responsibilities of lawyer and client can become blurred, leading to confusion and tasks being neglected
- • In an arrangement limiting the lawyer’s role to providing advice, clients do not always know when to seek that advice, and thus may miss important guidance
- • Clients who feel they can handle, for example, a “routine” court proceeding may find out otherwise when they hit the courtroom
- • An unbundled representation lawyer who is responsible for only certain parts of a case may not be in a position to negotiate an overall settlement
To find out if, and the extent to which your state permits unbundled representation, visit the American Bar Association’s Pro Se/Unbundling Resource Center at:
http://apps.americanbar.org/legalservices/delivery/delunbund.html
Learn more about how to maximize results and minimize costs
in Larry Sarezky’s new book Divorce, Simply Stated.
www.DivorceSimplyStated.com