Family Law

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Limited Scope Representation—An Alternative to Full Service Clients
M. Sue Talia, Certified Family Law Specialist, Danville
E-mail: sue@divorcefromhell.com

Introduction
A Large Pool of Unrepresented Litigants
What is Limited Scope Representation?
Stance of The State Bar of California
The Ethical Rules
Training for Limited Scope Representation
Effect on Full Service Clients
More Information Resources


Introduction
California has become a leader in a quiet revolution which is changing the way that lawyers provide services to many legal consumers. Limited scope representation, sometimes called “unbundling” has long been a staple of transactional law and bankruptcy. In the early and mid 1990s, it began sneaking into the courtroom. It is particularly suited to areas where the end consumer of legal services interacts directly with the courts: landlord-tenant, bankruptcy, consumer rights, and, overwhelmingly, family law. Forward-thinking attorneys are recognizing this as a significant marketing opportunity and offering legal services to a huge pool of paying clients who are currently unrepresented.

A Large Pool of Unrepresented Litigants
The latest statistics from the California Judicial Council indicate that between 70 percent and 80 percent of family law litigants in California are unrepresented. Stated in another way, 100 percent of the family lawyers represent 20 percent to 30 percent of the family law litigants. These aren’t just poor people. Increasingly, middle class litigants find themselves unable to afford traditional full service litigation. They have homes and property to protect, and can afford to pay for legal assistance to help them do it. These are good clients who are only too happy to pay a consulting attorney to assist them with their paperwork, coach them on court procedures, or appear for a single hearing. Many consumers are simply demanding more control over their case, and attorneys who step in and offer them the services they need find this a profitable and satisfying area of practice.

What is Limited Scope Representation?
Limited scope covers a vast range of legal services. Attorneys may offer basic advice and counsel. They may assist with strategy, document preparation, ghostwriting, coaching for mediation, and even appearing in court for a limited purpose, such as arguing a single motion, or handling a single issue, while the litigant self-represents on others.

Stance of The State Bar of California
The State Bar of California has sanctioned the practice, and many useful materials are available on their website http://www.calbar.ca.gov. In 2001, a task force was created under the Commission on Access to Justice which evaluated limited scope representation — the rules of professional conduct, ethics opinions, coverage issues, and practical impact on the courts, and issued a comprehensive report with recommendations. That report was unanimously adopted by the Board of Governors in 2001. Since then, the task force has developed a complete set of Risk Management Materials and posted them on the Access to Justice section of the State Bar website in January 2004. These materials are tailored to the needs of a particular practitioner. Recently, the Committee on Professional Responsibility and Conduct has posted an Ethics Primer for Limited Scope Representation which carefully analyzes the issues presented. The State Bar has offered training in limited scope representation at the Annual Meeting each year since 2001, and it will be offered again in San Diego in September 2005.

The Ethical Rules
There are only four rules peculiar to limited scope. They are:

1. Limitations on scope must be informed and in writing;

2. Limitations on scope must be reasonable under the circumstances;

3. Changes in scope must be memorialized;

4. Clients must be informed of related issues even if they do not ask.

In addition to reading the Ethics Primer, it is helpful to go to the Los Angeles County Bar Association website at http://www.lacba.org and look for Ethics Opinion 502. A more general description of the issues and overview of what was going on in other states in the late 1990s is available at the Colorado State Bar website at http://www.cobar.org where you will find Ethics Opinion 101.

Training for Limited Scope Representation
Even though there are only four rules, training in their practical application is a good idea. Training sessions (which usually carry the ethics MCLE credit) are often available around the state. Watch out for them, or contact the author for a current schedule.

Effect on Full Service Clients
The people who opt for limited scope are generally not full service clients. Either they are middle class litigants who can afford to pay for some level of service which is short of traditional full service representation, or they are independent-minded consumers of legal services who demand more control than the traditional model affords. In either event, they are not likely to start out as full service clients. In this era of increasing competition for full service clients, this is an important opportunity to expand your client base. And there’s another benefit: many litigants have unrealistic expectations about how easy it is to get up and speak in court. After they’ve been coached, and have had a little litigation experience, they have a greater appreciation for what we, as lawyers, provide. As a result, a percentage of those who start out limited scope return to their coach for full service after realizing that there is something the coach learned in law school which is very valuable to them. These tend to be very satisfied clients across the board.

More Information
To find out what is going on in other states, go to http://www.unbundledlaw.org. Click on the map and you will find links to resources all across the country. Another good source is http://www.selfhelpsupport.org. Or, contact the author for the latest information.

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