Private practitioners may gain opportunities to tap into a market of consumers who do not now seek legal assistance, and providers may gain potential partnerships and expansion of services without the sacrifice of quality.
Click here to join Access Legal Grind's “Limited Representation Lawyer Referral Service Panel”.
LRS Panel Description
Based on materials submitted by the Contra Costa County LRS to unbundledlaw.org http://www.unbundledlaw.org/retainer_agreements/legal_services.htm
Mission Statement:
The mission of a “Limited Representation Lawyer Referral Service Panel” is to help a significant portion of a community who would not otherwise have the assistance of a legal professional. “Limited Legal Representation”, also known as Unbundling, Coaching, Limited Scope Legal Service or Discrete Task Representation, is intended for self-represented litigants who are not prepared to hire an attorney for “full representation,” but who need specific advice, services, document review, etc. The attorney and client mutually agree to handle a specific and limited service or services, tailored to the needs and concerns of the client, through a detailed contract. It is imperative that the client understand that this type of practice is a joint effort on the part of the attorney and client, and the attorney has a specified end to what he or she will perform. This is by no means a substitute for traditional legal services, merely an alternative form of representation for the pro per litigant.
Limited Representation LRS Panel Description:
Limited Representation is usually distributed into three main areas of expertise, 1) advice and counsel, 2) limited court or administrative appearances, and 3) assistance with documents and pleadings or what is known as “ghostwriting.” Complex issues tend to be referred as full service matters elsewhere on the Lawyer Referral Service panels. For our purposes, we have compressed the issues into one panel, known as the “Limited Representation Panel.” The client and attorney will agree upon the scope and extent of the relationship, and cost of service.
Unlike other Lawyer Referral Service Panels, the half hour consultation may be primarily reserved for an accurate description of Limited Representation Services and proper screening of client eligibility, rather than direct advice and assistance.
This is not a service specifically designed to meet the interests of only low-income clients. All panelists are private practicing attorneys, who may charge their regular fees as determined at the time of the initial interview and screening.
Requirement for Panel Membership:
The rules and requirements of the LRS apply to the Limited Representation Panel.
All members must be covered by a policy of errors and omissions insurance in the minimum amount of $100,000.00 single occurrence and $300,000.00 aggregate per year. All members must inquire with the individual insurance carrier as to coverage for “Limited Representation”.
Panel members must qualify according to specific Limited Representation guidelines, as well as meet the standard LRS qualifications.
Mentor attorneys must have been in practice for at least five years. To be referred to a Mentor, an attorney must sign a disclaimer releasing CCCBA from any liability.
All panelists will be required to pay LRS membership and percentage fees.
Referral Procedure:
Panel Members will be assigned to a client on a rotational basis. Rotational referrals will guarantee that all participating attorneys have equal opportunity.
Advantages of Limited Representation:
For the Client:
For the attorney:
- “Real” legal assistance & guidance
- Providing valuable service to “consumer”
- “Pay as you go” policy, no retainer
- “Pay as you go” policy
- You stay in control of your case
- High % of returning clients
- Collaborative process
- Often becomes a “full service” case
- Saves money and time!
- Charge regular hourly rate
Client Eligibility/Screening:
Limited scope legal representation is designed for litigants who cannot afford full legal representation or are not interested in traditional legal representation, and are in the midst of handling their family law matters “Pro Per,” or without legal assistance. With appropriate screening, risks associated with limited scope legal representation can be lessened.
Who is a prime candidate:
- A pro per family law litigant, who has handled his/her case before.
- A pro per needing limited assistance, but with low-moderate income.
- Litigants who want to handle their case but feel that they need some assistance.
- A litigant who is “stuck” in the middle of a case and needs limited guidance.
- A litigant who needs help with single issues, such as enforcement, orders, wage assignment, etc.
- A litigant who has reached agreement or has previously been through mediation and needs document preparation.
- A semi-literate litigant who is able to prepare and read legal documents
Additional Considerations for Prime Candidates:
- Is the litigant competent to handle the case him/herself & negotiate with little assistance?
- Can the litigant handle the responsibility?
- Does the litigant have an idea about desired resolution, i.e. modification, disso, etc.?
- Does the litigant fully understand the parameters and definition of limited service?
- Does the litigant have some amount of income?
- Clients who will need additional screening or are not necessarily prime candidates:
- A domestic violence survivor, who may have difficulty asserting her/his needs
- "Hotly” contested issues; other party files numerous motions
- Highly complex or technical cases that include bonds, retirement, pensions, QDRO’s, etc.
- Semi-literate individuals.
Who is not eligible:
- Highly emotional or distraught clients.
- Clients who have absolutely no income to pay for even limited representation.
- A caller who does not understand what limited representation entails.
- A caller who wants someone else to do “it” for them.
- Multi-party actions.
- A client without the intellectual capacity to understand, prepare or file paperwork.
