What are unbundled services and how can they make my case more affordable?
Legal Services are Typically Expensive
Traditional full representation by a lawyer can be expensive. Why? Because lawyers usually handle every part of your case for you, charging by the hour in 6-minute increments.
However, it has become increasingly clear that traditional full representations are not obtainable typically for middle income people. In addition, many people can effectively resolve their cases with some services, they feel they need most, from attorneys. This is showing up more and more as unbundled services, also sometimes called pro se assistance.
What are Unbundled Services or Pro se Assistance?
With unbundled services, instead of the client having all services done for them by a lawyer, even some they feel they could do on their own with some guidance. With unbundled services, the lawyer only performs the specific services the client requests the lawyer perform. For example, the lawyer might offer services of writing pleadings for clients (commonly called ghost-writing), advising them on how to proceed in the case, writing emails for them, representing them solely for some form of Alternative Dispute Resolution (ADR) process or other limited means.
This could also include, in the litigation context, an attorney filing a Notice of Limited Appearance (NOLA), where the attorney only represents the client for one or a few hearings. Then the attorney completes representation, as the formal attorney of record.
The client ends up only paying for the services (the case is more affordable) that they need the lawyer’s guidance with. The client also remains in charge of the remainder of their case and determine its course.
Examples of Unbundled Services Making Legal Services More Affordable
More and more, I am hearing about people spending almost their whole savings just to make it through the initial part of their case. The question becomes for them, what will happen to me when my funds run out? When I can’t pay my lawyer anymore and they withdraw?
The person might end up in the position of going from the extreme of a lawyer handling every aspect of their case to the other extreme of them representing themselves for the entire rest of the case.
The above described scenario leaves the person in a more vulnerable situation because not only did they lose their lawyer, they are now going it alone.
Yet, if a person is being guided by a lawyer who only provides services the person really needs, this allows for the person to learn and feel ready to handle their own case. This can be especially helpful if they foresee needing to handle further legal issues on their own in the future as they now have a framework to work within.
What exactly would this look like for me?
An attorney might help you draft the summons and petition for a dissolution/divorce.
An attorney might help you craft a parenting plan.
An attorney could give you advice on anything you have questions about regarding your case.
An attorney could draft emails or texts you want to send to advise the other party about law but aren’t sure what to say.
The list goes on.
In other words, you mix and match the legal services you need most, and it doesn’t leave it all up to an attorney to make the decisions for you.
Additional Resources:
Podcast on unbundled services: https://soundcloud.com/legaltalknetwork/the-benefits-of-unbundling
ABA list of resources: https://www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/video_and_audio/
Law à la Carte Conference : https://www.youtube.com/watch?v=VGtIz2YCRRE&list=PLft7H-UpAb5xdO9qG1OG5T0Ol5qOrnJ4x (Disclaimer this series is from New York so laws, rules, and ethics may be different. )
Bottom line, if you are considering working with a lawyer but you have limited funds, consider inquiring if they might be able to provide you with unbundled services.
Jordan Kostelyk
Attorney, who offers unbundled services in Snohomish County
See everlastinglegalsolutions.com for more information on her practice.