Limited Scope Representation and Unbundled Legal Services Explained

Traditionally, attorneys are held responsible for all aspects of a client's legal life, regardless of the matter being handled at the time. Because of this, lawyers have not been willing or able to advise clients on small portions of an ongoing case because of the risk of being held responsible for other parts of the case.

The escalating cost of legal services is pricing many people out of traditional retainer-based legal services and driving them into the courts pro se or in pro per (self representation). This has clogged the courts with faulty paperwork and confused litigants, increasing the time and effort required to finish even a simple case. The problem in Arizona is particularly acute in Family Law.

As a result, the State Bar of Arizona recently approved "Limited Scope Representation" as another way of providing legal services to people who do not want, do not need, or cannot afford full legal representation in the traditional manner. By allowing attorneys to unbundle legal services, it limits the scope of an attorney's responsibility for a case and creates options for a new kind of working relationship.

With Limited Scope Representation the client-attorney team agree in advance which issues will be handled by whom. The client can then purchase as much or as little legal advice as they want and pay for the services when they are provided. Flat fees are also available in many cases. 

Our firm offers our clients three levels of service:

1. Coaching and Advice Only
   Attorney coaches the client on specified issues as requested. Client is responsible to move the case forward and file documents on time. Includes legal research, document review and drafting plus limited contact with specified others, such as opposing party or attorney.
2. Courtroom Only
   Full legal representation limited to a single specified courtroom issue or event. Includes coaching related to the appearance and contact with opposing party or attorney as specified. 
3. Full Representation
   The traditional attorney-client representation where the attorney takes responsibility to move the case forward for all issues.

If a case becomes so complex that it needs more professional management, a client who begins in a limited mode can always switch to the traditional full representation.

Frequently Asked Questions About Limited Scope Representation and Unbundling of Legal Services

Q: What is unbundling?

A: Unbundling is a way that an attorney can help you with part of your case while you do part of it yourself. For example:

• You can consult with an attorney to prepare or review your paperwork, but attend the hearing yourself;
• You can represent yourself through the whole case, and periodically consult with an attorney who can coach you on the law, procedures and strategy;
• You can do the preparation yourself and hire an attorney just to make the court appearance for you;
• You can do your own investigation of the facts ("discovery") and ask the attorney to assist you in putting the information in a format which is useful to the court;
• You can ask the attorney to be on "standby" while you attend the settlement conference yourself.

Q: How is this different from using a mediator or paralegal?

A: Paralegals and document preparation services should only assist you in simple and uncontested divorces, and then only in the preparation of the paperwork. They cannot give you legal advice.

Q: How will I determine which parts I can do myself and when an attorney's help will be important?

A: With coaching, you may be able to handle the whole case yourself, except for a few technical areas where the attorney can help you. It really is between you and the attorney how much of your case you hire them to do. If you do this, it is important to keep returning to the same attorney. Otherwise, you're paying a new person to get up to speed on your case each time that you consult.

Some areas of the law are extremely technical and it is rare for people with legal training to handle them effectively. Among these are pension rights, stock options, and business interests. You will almost certainly need the assistance of an attorney if you have any of these issues in your case.

Q: Why it is important to discuss your case thoroughly with your attorney?

A: It is important to thoroughly discuss all the information and issues related to your case with your attorney before deciding which parts you want to do yourself and which ones the attorney will assist you with. It is equally important to realize that there may be issues presented by your case that you aren't even aware of. If you don't make sure to tell your attorney all important information about your case, how will you know?

Sometimes new issues will pop up after your case is started. If they do, it is important to advise your attorney and discuss them, so that you know the potential legal consequences to you. Remember that your attorney can only advise you on matters you tell him or her about, so it is essential that you provide complete information about your case.