Contra Costa County Bar Association

Our Lawyer Referral Service leads the charge to deliver “unbundled services” to local litigants!

With the generous assistance of Sue Talia, a pioneer in the unbundled movement, the Lawyer Referral Service (LRS) is adding an “unbundled” panel to its more than 100 other panels. The “Limited Representation” Panel, what we feel is a more consumer-friendly term, is available for family law litigants who are facing the challenges of navigating through the judicial system without benefit of an attorney. This program is a fantastic solution for self-represented and similarly minded litigants to obtain guidance and assistance with their case without having to hire an attorney for “full service.” In addition, our bar association is the first in California , and one of the first in the nation, to offer such a progressive program.

In our county alone, the number of self-represented litigants has grown at an exponential rate: 70% of all ex-parte motions are filed in pro per, with family law litigants representing over half that number (taken from Contra Costa Superior Court statistics). With severe cutbacks to many legal service providers who assist this class of litigants, including STAND! Against Domestic Violence, and an overwhelming number of litigants opting to represent themselves, either by necessity or choice, we feel it is more important than ever to provide quality legal services in any form to Contra Costa County litigants. To further compound the shortfall in resources, most residents fall into financial “gray areas” in which they find an inability to pay prevailing family law retainer fees and the ongoing cost of litigation, but do not qualify for low-income services. With the addition of our Limited Representation Panel, we will be assisting an often underserved and ever-growing class of litigants by presenting them with a viable and affordable alternative to “going it alone.”

Clients are not the only party to benefit from this progressive type of practice – most attorneys find it to be a reciprocal relationship. By expanding their practice to include limited representation, panel attorneys will have the opportunity to tap into a new class of paying clients and can market their services to a clientele who would not previously be expected to use or hire an attorney. And don’t make the mistake of equating an unbundled practice with a low-fee practice -- panel attorneys can charge prevailing hourly rates. Furthermore, a pay-as-you-go method of billing will enable attorneys to collect fees before the client leaves the office and worry less about messy payment disputes or writing off fees. It is truly a win-win opportunity.

An added bonus to the program is the assistance it will offer to the court. A pro per populace, who may be confused by legalese or unable to understand proceedings due to language barriers, also poses a severe obstacle for the judiciary. In a system already burdened by caseload and staffing considerations, it is increasingly strenuous to serve and “train” a population that is often ill prepared for court proceedings or unable to follow simple legal procedures. For example, 25%-30% of family law pro per dissolution filings had their forms returned at least once for errors and omissions. Expanding the practice of limited representation will offer a much-needed relief to an overwhelmed court and help lessen judicial hardships by educating and preparing self-represented litigants for the rigors of a family law case. (Of note is the expressed support and appreciation for the program by our family law bench.)

What is the “unbundled” practice of law?

If unbundled, discrete task representation or limited scope representation are unfamiliar terms, you are not alone. Although this type of practice has been performed for years, it has not come to the legal forefront until recently, largely in part to pro per litigants turning to the court en masse.

Limited representation is designed for self-represented litigants who are not prepared or able to hire an attorney for full representation but who need specific advice, services, document review, etc. Attorneys do not charge a retainer fee nor handle the case from start to finish but rather work only on an agreed portion of the case and facilitate the client’s ability to represent him/herself. The attorney and client mutually agree to handle specific and limited service(s) through a detailed and precise contract that is tailored to the needs and concerns of the client, including income limitations. It is imperative that the client understand that this type of legal practice is a joint effort and the attorney has a specified end to what he or she will perform. It is by no means a substitute for traditional legal service, but merely an alternative form of representation for the pro per litigant.

The qualified and trained attorney can simply and efficiently explain proceedings, assist with document preparation and/or make limited court appearances to advocate on the client’s behalf. For example, a client may consult with a limited representation attorney and request that s/he prepare paperwork but appear at the hearing without counsel. Although the pro per status remains, self-represented litigants have the ability to consult with attorneys on an as-needed basis who will coach them through the dizzying maze of family law litigation.

How will the program operate?

The program will be an adjunct to the already successful Lawyer Referral Service and exist in much the same manner as any other panel, although callers will be thoroughly screened by a trained LRS interviewer and will need to “pass” a comprehensive eligibility checklist. Various types of individuals may not be suitable for unbundled practice, such as highly emotional clients, most domestic violence survivors, those with no steady source of income or clients absent the capacity to fully understand the limited representation practice. These callers will be referred as “full service” cases elsewhere on the LRS. Unlike other referrals obtained via the LRS, the half-hour consultation may be primarily reserved for an accurate description of limited representation services and additional screening of client eligibility by the attorney, rather than direct advice and assistance.

The panel is not designed to meet only the interests of low-income individuals or serve as a pro bono service. All clients understand that the panelists are private practicing attorneys who may charge their regular fees as determined at the time of the initial consultation and subsequent retainer agreement.

How can you join this innovative program?

Joining the panel and embarking on a new and exciting practice of law is easier than you might think. To enroll in the Lawyer Referral Service “Limited Representation Panel,” simply follow these three easy steps:

Join the Lawyer Referral Service (qualifications include at least three hours of unbundled training and previous experience with three unbundled clients)
Complete the “Statement of Qualifications” making sure to include a copy of your current liability insurance if one is not already on file.

Upon completion of the steps above, CCCBA will send you a Limited Representation Panel Guidebook.” You will need to review the guidebook in its entirety and return the “Risk Management Certification” verifying that you have read the book, understand its contents, and agree to use it when advising clients obtained via the panel.

Once you have completed all the requisite steps and forms, you will be added to the panel and will soon be receiving consultations. What a great way to expand your practice while also serving the community!

We are very excited about this ground-breaking program, which will serve as a model in many other counties throughout the nation, and are anxiously waiting to spread the news of our imminent success. Our supplementary LRS panel will enable and empower the self-represented litigant to maintain control of his/her case, understand a complex and complicated system, provide continuity in advice and confidence in his/her ability in the courtroom, and fill a gap in legal services that was previously unmet. Not only have we successfully incorporated a new area of practice to our Lawyer Referral Service, but we will also make a significant contribution to access to justice.

If you have any questions about the program, please feel free to contact the Lawyer Referral Service Coordinator at 925.370.2542. For further information about the practice of limited representation, try Forrest S. Mosten’s book, Unbundled Legal Services: A Guide to Delivering Legal Services a la Carte, or Sue Talia’s book, A Client’s Guideline to Limited Legal Services.

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