From the President: ‘Unbundled’ Legal
Services Allow Litigants to Control Costs

by Denise Warner

DBA President Denise Warner

The recession has caused many industries to become creative in ways to provide services to customers. Several years ago, the communications industry began bundling telephone, cable and Internet services to make billing and payment easier for customers. The benefit for the industry is to assure that the customer purchases more than one product.

Unbundled legal services or “limited scope representation” refers to ways in which an individual and a lawyer can determine which parts of a case make most sense for the person to do and which the lawyer should handle. These methods allow litigants to control their legal costs by performing some work themselves, but, at the same time, have the benefit of legal advice and assistance when needed.

The American Bar Association has put time and resources into making sure that local bar associations have access to information, research and training materials that help lawyers determine how best to offer limited scope representation to their clients. ABA Model Rule 1.2 (c) provides explicit and unambiguous permission for a lawyer to limit the scope of representation if that limitation is reasonable under the circumstances and the client gives informed consent.

Lawyers wishing to offer limited scope representation should make sure their clients understand the limitations and put the limitations in writing. The limited scope should be reasonable given the client’s circumstances. The lawyer needs to document any changes in scope as the matter moves forward. Finally, even if not asked, the lawyer has an affirmative duty to advise the client on related matters.

In deciding whether to accept a case, the lawyer should consider only accepting cases in areas of the law with which the lawyer is knowledgeable. Lawyers should be careful of clients who are coming to them at the last minute expecting immediate action or potential clients who have involved multiple lawyers in the same case. Lawyers should also help set reasonable expectations for their clients and determine whether a limited scope approach applies to a particular case.

If a lawyer does take a case on a limited scope basis, having a detailed fee agreement outlining the scope of representation is critical. Also, the lawyer needs to document any changes in the scope and document all decisions. Involving the client at each step of a case generally leads to more successful self-representation by the client as well as a client who is likely to place blame for unwanted outcomes.

Working with litigants who do not qualify for legal aid services, yet cannot afford full legal representation, promotes justice and maintains integrity in the court system.