UNBUNDLED LEGAL SERVICE - So you don’t want a lawyer?

I have never had a client who was not worried about what the break up will cost and how long will it take to resolve. It’s not just about what the lawyer costs but the other costs too: the increased costs because instead of maintaining one home, they have to maintain 2 homes with the same income. Add to this the time and costs to prepare everything for the lawyers, accountants and other professionals you now find yourself dealing with. These costs are always significant, sometimes intimidating and as they build-up will become an important factor in your decision making, both how you make them and why. Even if you are at first gung-ho and eager on taking an aggressive posture towards your ex-partner, eventually the accumulated costs can wear anyone down over time and lead to re-evaluations and radically changing approaches.

The Self-Represented Client – The Way to Avoid High Separation Costs?

As a result of the ever-escalating costs, more and more clients choose to represent themselves. This is not always a tactical decision but, increasingly, one of simple economics: they can’t afford anything else, or prefer not to pay but want to conserve as much of their resources as possible.

But even when you act for yourself you will need help. No one knows everything, but for someone with no experience appearing in court is scary, the formalities will be unlike anything you’ve experienced before – even a high number of lawyers do not have regular trial experience because their clients can’t afford it, except for some relatively small number who are either wealthy enough to pay or too caught up in the fight to see a way out or there are those who unfortunately have no other practical escape and have to go all the way.

Preparing for court consumes a lot of time in preparation time and planning:

How best to tell your story?
What will the judge need to hear?
What evidence do you have?
What’s relevant, supports your case, and what doesn’t?
How do you get the evidence in?
How do you structure your case to get the most effective?

And these are only some of the questions you will be dealing with. Remember the time you have in front of a judge is limited so you have to make sure you use your time to best effect. The obstacles a self-represented person has to overcome are steep, for some too steep to overcome. Even if your case is strong, going against an experienced lawyer can put you at a disadvantage. So what can you do to even the playing field? This is where unbundled legal services come in.

Related article: How much does Divorce Cost in Ontario?

What is unbundled Legal Services?

Unbundled legal services is essentially a pay for use system. You don’t hire a lawyer to take control of your file and do whatever they consider necessary while you pay based on time spent at an hourly rate. You are managing your file; you are making the decisions. But you hire a lawyer to assist you on specific tasks, whatever it is you feel you need help on, and you pay only for the services you use. This is not the perfect solution to high-cost family legal costs but it can be an extremely helpful tool.

The Different Services Available with Unbundled Services

What kind of services can you hire a lawyer for? Virtually for anything you need help on. For example,

You can hire a lawyer to prepare specific court documents. Once they are prepared his services are finished. How you pay depends on what you agree with the lawyer. It may be on an hourly rate but it can just as easily be based on a set fee. You negotiate fees directly with the lawyer.
If you feel comfortable about preparing your own documents, you may only want a consultation with a lawyer to review them before you file them in court. You pay only for the consultation or specific drafting work.
There are a variety of different purposes you might want to use a lawyer. If you break down a file into all the discrete tasks that go into preparation, the only limit on what you can hire a lawyer to help on is what you feel you need help on and what a lawyer’s professional ethical obligations may restrict. But a list of basic items include:

To appear on a motion;
To Appearing only at trial;
To explain specific processes, such as the procedure rules, what to expect when you go to court, the court etiquette;
To prepare legal memos with case law and arguments to help organize and support your positions for the court;
To explain the different stages in the process and help you devise strategies for dealing with situations as they arise;
To devise negotiating strategies;
For coaching and giving behind the scene support;
Assisting in interviewing witnesses or how to question;
Assisting in brief preparation: case conferences, settlement conferences and trial management conferences.

There is no limit on what services can be provided or how the services break down; you define what you want the lawyer to do for you based on what you identify as your need. If you’re not sure what you will need, you can ask the lawyer for suggestions on what services you will need and what he is prepared to give. The important difference from the traditional lawyer relationship and the unbundled one is that with the unbundled arrangement the lawyer is hired for specific purposes and those alone. When that job is done, you pay for the job and the relationship is over unless you need something else; you don’t have an on-going relationship with the lawyer that you keep paying for.

The Unbundled Process – Sometimes called the Limited Scope Retainer

What kind of agreement will you get into with the lawyer?

When you hire a lawyer for unbundled services you will sign an engagement letter, which describes what you’re getting and what not. This is your agreement with the lawyer. This agreement is important because it will set out the job you hired the lawyer for. The lawyer will only do only that job, nothing else. If you hire the lawyer for multiple services those services will be identified; he will do those, not others.

If you want to have a lawyer appear for you for a motion, the retainer will specify that purpose. If you need a lawyer for a consultation to help you prepare court documents, the retainer will specify what documents are being prepared. You remain still the one principally responsible for managing your file, the lawyer is your adviser or consultant giving information you need for making decisions; the lawyer helps you present your case so it looks more professional and persuasive; with the idea, you appear more lawyer-like.

The engagement agreement with the lawyer makes it clear what you are getting and where the services end. You should not expect to get something more than what you’ve agreed on too.

Unbundled services are not a complete cure for rising family court costs. But for clients in need, it is a way for them to get legal help while conserving financial resources. With unbundled legal service you can gain some control over legal costs.

Where Can You Use Unbundled Legal Services

Usually, clients resort to unbundled services for matters in court. This is the most expensive field for family conflicts and the most difficult area to control or even estimate what it can cost a client. But there is no reason to restrict the use of court cases. Unbundled services are available for any legal step in a family matter where you need limited but important legal assistance.

For example, on mediations. With the increased use of mediation to resolve family conflicts, often people go into mediation without having proper legal information. Some people feel because they go to a mediator, there is no need for preparation. Somehow the mediator produces a solution. Nothing could be further from the truth. Successful mediations need all parties to prepare. The most successful is when everyone is informed and can negotiate from an informed good faith position.

While a mediator can give legal information, they cannot give legal information aimed at giving you direction for your specific circumstances. The mediator has to remain neutral and impartial.

To get information about your circumstances, options and realistic outcomes, you need to consult with a lawyer who can advise for your unique circumstances. For that reason, I always recommend seeing a lawyer before you start a mediation to get an understanding of how it works, what generally your rights and obligations are under the law and what possible negotiation strategies are available. A preliminary consultation with a lawyer is important particularly if you don’t have legal representation on the mediation.

When you are in the mediation there may be stages when a consultation with a lawyer will be recommended. Again, a limited consultation at a reasonable cost may be a relatively low but well-spent expense.

Summary

Unbundled legal services give persons involved in family disputes the ability to gain control over their legal costs. The lawyer helps clients to develop their positions, put together their arguments, and make themselves more presentable which makes them overall more persuasive. Outlandish positions, harmful to anyone trying to get the court’s sympathy and usually made by uninformed litigants, can be avoided. Clients pay only for the services they use so they decide when and what they need.

More and more family lawyers are offering unbundled services. For more information about these services feel free to visit: Ontario’s Family Law Limited Scope Services Project