Limited Scope Representation “Unbundling” 1 What

Transcript:Limited Scope Representation “Unbundling” 1 What:
Limited Scope Representation “Unbundling” 1 What lawyers need to know about unbundling For every case For every issue For every client Second class practice 2 Limited Scope Representation What it is NOT What is Limited Scope Representation Ethical Safe Limited scope Practice of law Attorney-client relationship Profit center 3 Why Limited Scope Public believes they can not afford a lawyer People want a lawyer. Even those who believe that they can handle their case, become confused, lost, perplexed. 4 Parties without Attorneys: FY 2015 Domestic Relations: 75% of Petitioners and 75% of Respondents County civil (debtor/ creditor, FED’s) respondents: 98% Why Limited Scope Litigant view of Legal Issue 5 Disclosures File case Trial Evidence Mediation Legal Issue Collect judgment Service of Process Draft Agreement Subpoena witnesses Attorney View of Legal Issue Areas of Practice Family Law Consumer Law Landlord/Tenant Government benefits/housing Homeowners association ???? 6 Types of Activities Drafting pleadings/ filling in forms Coaching Reviewing documents Strategy and advice Attending mediation/ reviewing agreements Make limited appearance in one or more specific proceedings 7 Four Basic Rules (aka “No Brainers”)* NON-DELEGABLE (Attorneys must do) Limitations must be informed and should be in writing Limitations must be reasonable under the circumstances Changes in scope must be documented Clients must be advised on related issues EVEN IF THEY DO NOT ASK Sue Talia, Esq. and Private judge,, California) 8 CRCP 11(b) & CRCP 311(b) CRCP 121 §1-1(5) Limited scope representation to pro se party With consent of the party (JDF 631) In one or more specified proceedings CRCP 121 Notice to the court and other party (JDF 630) Upon completion of task, file notice of completion CRCP 121 (JDF 632) 9 Drafting Pleadings (Ghostwriting) CRCP 11(b) Must include attorney name, address, telephone number, and registration number UNLESS, filling out preprinted and electronic forms developed by Colorado Judicial branch 10 Colorado Appellate Rule 5(e) & (f) Limited scope representation to pro se party With consent of the party (JDF 641) In one or more specified proceedings Notice to the court and other party (JDF 640) Upon completion of task, file notice of completion (JDF 642) 11 U.S. District Court D.C.COLO.LAttyR 2(b)(1) and 5(a)(2) Requires Court order granting a motion that defines the scope Certifies the approval of client Any change must be approved by the Court 12 Client Intake for Unbundling Is it an appropriate case? Can the client handle the other portions of