UnbundlingUnbundlingA webinar withA webinar with

M. Sue TaliaM. Sue Talia

UnbundlingUnbundling What it is (and isn’t)What it is (and isn’t) Ethical and Malpractice issuesEthical and Malpractice issues TrainingTraining Resources Resources How to obtain buy-in from courts How to obtain buy-in from courts

and attorneysand attorneys Q & AQ & A

QuizQuiz In your struggle to address the In your struggle to address the

challenges posed by self represented challenges posed by self represented litigants, how important would it be litigants, how important would it be to provide an incentive to the private to provide an incentive to the private bar to assist in their representation?bar to assist in their representation? Critically importantCritically important Very importantVery important Sort of importantSort of important Not importantNot important No, thanks, we’ve got it coveredNo, thanks, we’ve got it covered

What it isn’tWhat it isn’t Limited liabilityLimited liability Second rate serviceSecond rate service Lowered standard of careLowered standard of care Just for poor peopleJust for poor people A threat to lawyers offering full A threat to lawyers offering full

service representationservice representation NewNew Going to go awayGoing to go away

What it isWhat it is An attorney/client relationshipAn attorney/client relationship Limited scopeLimited scope CoachingCoaching GhostwritingGhostwriting Document assistanceDocument assistance Research and strategy Research and strategy Limited court appearancesLimited court appearances A marketing opportunity and potential A marketing opportunity and potential

profit center for lawyersprofit center for lawyers

Where it works Where it works bestbest

High volume of High volume of pro se pro se litigants in courts litigants in courts designed for lawyersdesigned for lawyers

Litigants who are individuals (not entities)Litigants who are individuals (not entities) Litigants without significant language or Litigants without significant language or

mental health barriersmental health barriers Legal issues which are not extremely Legal issues which are not extremely

technicaltechnical Litigants who take a realistic approach to Litigants who take a realistic approach to

their legal mattertheir legal matter

QuizQuiz What percentage of family law What percentage of family law

litigants appear in court without litigants appear in court without lawyers?lawyers? Under 50%Under 50% Between 50% and 60%Between 50% and 60% Between 60% and 70%Between 60% and 70% Between 70% and 80%Between 70% and 80% More than 80%More than 80%

Development of the Development of the ModelModel

Family law has been the primary focusFamily law has been the primary focus Consumer demand has been the driving Consumer demand has been the driving

forceforce Client satisfaction has further Client satisfaction has further

reinforced the practicereinforced the practice Improved calendar efficiency has Improved calendar efficiency has

brought the courts alongbrought the courts along Expansion of the model to other fields of Expansion of the model to other fields of

lawlaw

The ContinuumThe Continuum Advice and counselAdvice and counsel Reviewing client-drafted materialsReviewing client-drafted materials Ghostwriting and document Ghostwriting and document

assistanceassistance Role playing, coaching, and strategyRole playing, coaching, and strategy NegotiationNegotiation Limited court appearancesLimited court appearances

Breaking it Down by Breaking it Down by TaskTask

By far the most commonBy far the most common The attorney does the technical or The attorney does the technical or

more complex partsmore complex parts The attorney coaches the client on The attorney coaches the client on

more routine tasksmore routine tasks Examples of how it might workExamples of how it might work

Breaking it Down by Breaking it Down by IssueIssue

Attorney does all tasks related to a Attorney does all tasks related to a complicated issuecomplicated issue

Client does all tasks related to the Client does all tasks related to the simple issuesimple issue

Most unbundling arrangements Most unbundling arrangements involving a court appearance are involving a court appearance are issue based rather than task basedissue based rather than task based

Exception: one-time appearance to Exception: one-time appearance to argue a single motionargue a single motion

Ethical RulesEthical Rules Limitations on scope must be Limitations on scope must be

informed and in writinginformed and in writing Limitations on scope must be Limitations on scope must be

reasonable under the circumstancesreasonable under the circumstances Changes in scope must be Changes in scope must be

documenteddocumented Attorneys must advise of the Attorneys must advise of the

existence of related issues even if not existence of related issues even if not askedasked

Ethics OpinionsEthics Opinions Colorado 101Colorado 101 LACBA 502LACBA 502 Ethics Primer Ethics Primer Links to all on selfhelpsupport.orgLinks to all on selfhelpsupport.org

Risk ManagementRisk Management Clear delineation of the nature of the Clear delineation of the nature of the

scopescope Rigid adherence to the limitationRigid adherence to the limitation Redefining the box before stepping Redefining the box before stepping

outsideoutside Good communication toolsGood communication tools Use of materials office procedures and Use of materials office procedures and

forms designed with limited scope in forms designed with limited scope in mindmind

Malpractice Malpractice ConsiderationsConsiderations

Few cases, although the practice is Few cases, although the practice is widespread among attorneys serving widespread among attorneys serving lower and middle income individualslower and middle income individuals

Most problems result from breakdowns Most problems result from breakdowns in communication between attorney in communication between attorney and clientand client

Expanding the scope without obtaining Expanding the scope without obtaining a new written limitationa new written limitation

Failure to advise on related issuesFailure to advise on related issues

QuizQuiz Among the following, what is the Among the following, what is the

most common cause of the most common cause of the breakdown of the attorney/client breakdown of the attorney/client relationship?relationship? Lawyers charge excessive feesLawyers charge excessive fees Lawyers fail to communicate effectively Lawyers fail to communicate effectively

with their clientswith their clients Lawyers abandon their clientsLawyers abandon their clients

California Family Law California Family Law Risk Management Risk Management

MaterialsMaterials Available as a link on the unbundling Available as a link on the unbundling section of selfhelpsupport.org librarysection of selfhelpsupport.org library

ComprehensiveComprehensive Turn keyTurn key Cost effectiveCost effective Simple to useSimple to use Multiple uses for each checklistMultiple uses for each checklist

Poster ChildPoster Child Good communication skillsGood communication skills Able to make decisions and accept Able to make decisions and accept

responsibility for themresponsibility for them Desire to remain in control of their Desire to remain in control of their

legal matterlegal matter Access to the web, self help centers, Access to the web, self help centers,

or other resources which they can use or other resources which they can use to augment the attorney’s assistanceto augment the attorney’s assistance

Poster ChildPoster Child Educated (but not necessarily)Educated (but not necessarily) Tech savvy (but not necessarily)Tech savvy (but not necessarily) What about DV?What about DV?

Making the Making the analysisanalysis

Limitations on scope must be Limitations on scope must be tailoredtailored By issueBy issue By litigantBy litigant By courtBy court By taskBy task

BenefitsBenefits To litigantsTo litigants

To courtsTo courts

To attorneysTo attorneys

To societyTo society

TrainingTraining Quality training essentialQuality training essential Problems are generally practical Problems are generally practical

rather than ethicalrather than ethical Follow up, mentors, and study groupsFollow up, mentors, and study groups pli.edu – free three hour training on pli.edu – free three hour training on

the webthe web Introduction to limited scopeIntroduction to limited scope Designed to be tailored to other statesDesigned to be tailored to other states

Areas Which are Areas Which are RipeRipe

Landlord/tenantLandlord/tenant BankruptcyBankruptcy Small civilSmall civil Small claims assistanceSmall claims assistance Insurance coverage issuesInsurance coverage issues Consumer lawConsumer law

Other ResourcesOther Resources Risk Management Materials being Risk Management Materials being

tailored to other areas of lawtailored to other areas of law Ripe for tailoring to other states as Ripe for tailoring to other states as

wellwell Many listed on selfhelpsupport.orgMany listed on selfhelpsupport.org Unbundledlaw.orgUnbundledlaw.org

Obtaining Buy In from Obtaining Buy In from CourtsCourts

Judicial educationJudicial education High volume High volume pro sepro se litigants in litigants in

courts designed for attorneyscourts designed for attorneys Judges see intelligible pleadings and Judges see intelligible pleadings and

well drafted, enforceable orderswell drafted, enforceable orders Use of attorney expertise where it is Use of attorney expertise where it is

needed most is of great benefit to needed most is of great benefit to judgesjudges

Obtaining Buy In from Obtaining Buy In from CourtsCourts

Education required to deter courts from Education required to deter courts from expanding scopeexpanding scope

Educate judges on the benefits Educate judges on the benefits to them to them in in the form of more efficient court calendars the form of more efficient court calendars and savings in judicial and staff timeand savings in judicial and staff time

Fewer documents rejected for errors in Fewer documents rejected for errors in formform

Fewer continuances for improper serviceFewer continuances for improper service More seamless flow of litigationMore seamless flow of litigation

Obtaining Buy In from Obtaining Buy In from AttorneysAttorneys

Not a threat to the traditional barNot a threat to the traditional bar Use the statistics in your stateUse the statistics in your state Focus on fields with high volumes of Focus on fields with high volumes of

pro se pro se litigantslitigants Target the segments of the bar which Target the segments of the bar which

already serve these populationsalready serve these populations Treat it as a marketing opportunity for Treat it as a marketing opportunity for

lawyers wanting to grow their practicelawyers wanting to grow their practice

Obtaining Buy In from Obtaining Buy In from AttorneysAttorneys

If the top brass aren’t receptive, If the top brass aren’t receptive, don’t give updon’t give up

Go to the grass rootsGo to the grass roots Remove rule and ethics impediments Remove rule and ethics impediments

where they still existwhere they still exist Find a local champion who can talk Find a local champion who can talk

to the stakeholdersto the stakeholders

Finding Support In the Finding Support In the BarBar

Access to Justice groupsAccess to Justice groups Pro Bono Pro Bono recruitersrecruiters Legal aid programsLegal aid programs Self Help center staffSelf Help center staff Rural or inner city lawyersRural or inner city lawyers Enlist judges with heavy Enlist judges with heavy pro se pro se

calendarscalendars Stress the marketing opportunitiesStress the marketing opportunities

Support Attorneys Support Attorneys Willing to TryWilling to Try

Use and tailor risk management Use and tailor risk management materials, forms and procedures materials, forms and procedures which have been proven to work in which have been proven to work in other statesother states

Make it as risk-free as possibleMake it as risk-free as possible Make it as easy as possibleMake it as easy as possible Offer free or low cost training Offer free or low cost training

wherever there is a need and people wherever there is a need and people are willing to attendare willing to attend

Support Attorneys Support Attorneys Willing to TryWilling to Try

Organize list serves, support groups, or Organize list serves, support groups, or other sources of mentoring and a place other sources of mentoring and a place to discuss solutions to common problemsto discuss solutions to common problems

Create and tailor Best PracticesCreate and tailor Best Practices Create and share marketing toolsCreate and share marketing tools Keep the standard HIGH and provide the Keep the standard HIGH and provide the

materials to make it hard to mess upmaterials to make it hard to mess up Reinforce client satisfaction, attorney Reinforce client satisfaction, attorney

satisfaction, and profitabilitysatisfaction, and profitability

Questions to AskQuestions to Ask What do you see as the greatest What do you see as the greatest

impediments in your state?impediments in your state? Where is the greatest need in your Where is the greatest need in your

state?state? Who represents the groups which will Who represents the groups which will

most likely benefit?most likely benefit? What groups need to be neutralized or What groups need to be neutralized or

bypassed?bypassed? Who is indispensable and must buy in?Who is indispensable and must buy in?

Where to Find a Where to Find a RoadmapRoadmap

My article, “Roadmap to a Successful My article, “Roadmap to a Successful Unbundling Program” posted on the Unbundling Program” posted on the unbundling section of unbundling section of selfhelpsupport.orgselfhelpsupport.org

Details what factors, conditions and Details what factors, conditions and players areplayers are IndispensableIndispensable Desirable but not indispensableDesirable but not indispensable Helpful if willingHelpful if willing How to sell each of themHow to sell each of them

ConclusionConclusion It’s a question of “how?” and “when?” It’s a question of “how?” and “when?”

not “whether?”not “whether?” Look at the statisticsLook at the statistics Huge population base which does not Huge population base which does not

qualify for legal aid and is currently qualify for legal aid and is currently not served by the legal professionnot served by the legal profession

If we don’t serve them, someone less If we don’t serve them, someone less competent willcompetent will

Q & AQ & A