The Basics
Most people think of having an attorney as an absolute, either they have one or they don’t. Either an attorney handles the case for you or you handle the case completely on your own. For a while those were the only two options, but there is a third option that splits the difference and is gaining in popularity. That option is what’s called “unbundled services” or “limited scope representation.” The purpose of this article is to help you understand what exactly unbundled services are, how they differ from typical or “full” representation, and if they might be a good option for you.
Traditional, or “Full” Representation – What It Is
Traditional, or “full” representation is precisely what it sounds like. If you hire an attorney in this capacity the attorney will handle all aspects of the case. This means that the attorney will: draft and file all pleadings; negotiate with the other party or the attorney for the other party; represent you at all court dates and hearings; help you analyze proposed stipulations; and make sure that all your questions are answered and that the case progresses smoothly. In summary, in a full representation arrangement the client and attorney work together to pursue the desired outcome, but it’s the attorney who handles all the practical aspects of filing, tending to, and advancing the case.
Unbundled or Limited Scope Representation – What It Is
Unbundled services, or limited scope representation, is a hybrid-type arrangement where you represent yourself, but consult with an attorney to help you throughout the process. Under an unbundled services arrangement, the attorney doesn’t technically represent you in the case, meaning that the attorney will not negotiate with the other side or appear in Court. Instead, you can think of the attorney as a consultant who is available to help with as much or as little of the case as you like. In an unbundled arrangement the client drives how involved the attorney is and can seek assistance with everything from drafting pleadings to answering specific procedural questions or explaining applicable aspects of the statutes or case law. The attorney is always available to assist, but the client is the driving force behind advancing the case and handling all tasks that haven’t specifically been delegated to the attorney.
Attorneys Fees – Traditional Representation vs. Unbundled Services
One big advantage of an unbundled arrangement is that the client has more control over the amount of attorneys fees that the case incurs. If you hire an attorney for full representation you will need to provide the attorney with a retainer, which is not a flat charge for the case or even an estimate of the costs, but is a deposit you pay to cover upcoming fees. The attorney will work on the case at a specified hourly rate and pull funds from the retainer to cover the work performed as the case progresses. If the retainer is depleted it will need to be replenished, and the process repeats until the case is resolved. There are ways to try to reduce attorneys fees or try to recover some fees from the other party, but generally speaking the more litigious and complex the case is the more work is required, and the higher the attorneys fees will ultimately be.
In an unbundled arrangement the attorney is only working on tasks that you specifically ask for assistance with. If you’re able to incur more fees you can have the attorney assist with more aspects of the case or, if you need to do everything you can to limit attorneys fees, you can rely on the attorney only to provide guidance or input when you truly need it.
Other Advantages/Disadvantages
An bundled arrangement can be a great approach for some people and some cases, but there are key weakness to the arrangement to consider as well. It’s wonderful to have an experienced attorney in your corner to help guide you through your case, but only if you know what questions to ask. If you’re wholly unfamiliar with domestic courts and the process you’re facing an unbundled arrangement likely isn’t the way to go. Likewise, if your case is unique or particularly complex you need an experienced attorney engaged on the case more than is possible under an unbundled arrangement. For a more complete analysis of different forms of representation, please see this post: https://www.dillielaw.com/blog/should-i-hire-a-family-law-attorney/.
If you have any questions or would like to discuss either full representation or unbundled services, feel free to contact me directly at DillieLawOffice@gmail.com or (720) 507-3105.