Limited ScopeLimited ScopeRepresentationRepresentation

ByBy

M. Sue TaliaM. Sue Talia

What it Isn’tWhat it Isn’t

Limited liabilityLimited liability Second class practiceSecond class practice UnethicalUnethical Inherently dangerousInherently dangerous Just about poor peopleJust about poor people Good for every caseGood for every case Good for every issueGood for every issue Good for every clientGood for every client

What it IsWhat it Is

Quality practice of lawQuality practice of law An attorney-client relationshipAn attorney-client relationship Limited ScopeLimited Scope EthicalEthical SafeSafe A Profit CenterA Profit Center

Why Now?Why Now?

Overwhelming need demands Overwhelming need demands innovation in practiceinnovation in practice

Inability of traditional models to serve Inability of traditional models to serve vast pools of potential clientsvast pools of potential clients

Consumer demand for affordable Consumer demand for affordable legal serviceslegal services

Court need for intelligible pleadings Court need for intelligible pleadings and procedural assistance for pro se and procedural assistance for pro se litigantslitigants

Topics to be CoveredTopics to be Covered

Ethical issuesEthical issues Malpractice issuesMalpractice issues Best PracticesBest Practices Turn-key office intake and risk Turn-key office intake and risk

management materialsmanagement materials Practical problemsPractical problems MarketingMarketing

Defining the ContinuumDefining the Continuum

Wide array of potential servicesWide array of potential services Tailored to each caseTailored to each case Tailored to each clientTailored to each client Changes as the case or client’s skill Changes as the case or client’s skill

(or lack thereof) evolves(or lack thereof) evolves

The Four Basic Ethical The Four Basic Ethical RulesRules

(aka No-Brainers)(aka No-Brainers) Limitations must be informed and in Limitations must be informed and in

writingwriting Limitations must be reasonable under Limitations must be reasonable under

the circumstancesthe circumstances Changes in scope must be Changes in scope must be

documenteddocumented Clients must be advised on related Clients must be advised on related

issues EVEN IF THEY DON’T ASKissues EVEN IF THEY DON’T ASK These duties are NON-DELEGABLEThese duties are NON-DELEGABLE

Tasks and IssuesTasks and Issues

Use your professional judgmentUse your professional judgment Do a thorough intakeDo a thorough intake The most common:The most common:

Document assistanceDocument assistance Procedural assistanceProcedural assistance Strategy and adviceStrategy and advice Attending the occasional hearingAttending the occasional hearing

Client SelectionClient Selection

The Poster ChildThe Poster Child

The Unbundled Client from HellThe Unbundled Client from Hell

Everyone in betweenEveryone in between

Going to CourtGoing to Court

The Unbundled Lawyer’s Greatest The Unbundled Lawyer’s Greatest FearFear

Getting InGetting In

Getting OutGetting Out

Malpractice IssuesMalpractice Issues

Remember the four No-BrainersRemember the four No-Brainers Document your fileDocument your file Checklists are your Best FriendChecklists are your Best Friend Use good judgment in defining the Use good judgment in defining the

scopescope NEVER step outside the bright line box NEVER step outside the bright line box

without drawing a new bright line boxwithout drawing a new bright line box Tailor and use the Risk Management Tailor and use the Risk Management

MaterialsMaterials

The Risk The Risk Management Management

MaterialsMaterialsYour Ticket to a Good Night’s Your Ticket to a Good Night’s

SleepSleep

(Courtesy of the California (Courtesy of the California Commission on Access to Commission on Access to

Justice)Justice)

Client Handouts and Client Handouts and ResourcesResources

Client handout describing limited scope Client handout describing limited scope (remember No-Brainer #1?)(remember No-Brainer #1?)

MapQuest directions to court, self help MapQuest directions to court, self help centers, law library, any other regularly centers, law library, any other regularly used resourcesused resources

Handouts re common issues such as Handouts re common issues such as dividing furniture, severing joint dividing furniture, severing joint tenancies, etc.tenancies, etc.

Common sense web sites relevant to your Common sense web sites relevant to your practice (e.g. divorceinfo.com)practice (e.g. divorceinfo.com)

Re-Drawing the BoxRe-Drawing the Box

New issuesNew issues ““Help! This is harder than I Help! This is harder than I

thought!”thought!” Expanding the scopeExpanding the scope Reducing the scopeReducing the scope Beware of emergencies, real or Beware of emergencies, real or

imaginedimagined

Practical IssuesPractical Issues

Dealing with opposing counselDealing with opposing counsel Dealing with the courtsDealing with the courts Getting papers filedGetting papers filed New issues pop up like mushroomsNew issues pop up like mushrooms Resisting changes in the scopeResisting changes in the scope The revolving-door limited scope The revolving-door limited scope

lawyer on the other side of the caselawyer on the other side of the case Service of processService of process

Support GroupsSupport Groups

Informal support groups with Informal support groups with colleagues who unbundle are a booncolleagues who unbundle are a boon

Email, listserves, brown bags, etc.Email, listserves, brown bags, etc.

Marketing your Practi$eMarketing your Practi$e

BrochuresBrochures WebsitesWebsites Public SpeakingPublic Speaking Community cable TV and radioCommunity cable TV and radio Online yellow pagesOnline yellow pages Your eternally grateful unbundled Your eternally grateful unbundled

clientsclients

A Final WordA Final Word

Lest the citizenry lose faith in the substance of Lest the citizenry lose faith in the substance of the system and the procedures we use to the system and the procedures we use to administer it, we can ill afford to confront administer it, we can ill afford to confront them with a government dominated by forms them with a government dominated by forms and mysterious rituals and then tell them they and mysterious rituals and then tell them they lose because they did not know how to play lose because they did not know how to play the game or should not have taken us at our the game or should not have taken us at our word.word.

  

Moore v. Price, 914 S.W. 2d 318, 323 (Ark. Moore v. Price, 914 S.W. 2d 318, 323 (Ark. 1996), Mayfield, J., Dissenting.1996), Mayfield, J., Dissenting.

Q & AQ & A

My Contact InfoMy Contact Info

M. Sue TaliaM. Sue Talia

P.O. Box 2335P.O. Box 2335

Danville, CA 94526-7335Danville, CA 94526-7335

Phone: 925-838-2660Phone: 925-838-2660

Fax: 925-743-1614Fax: 925-743-1614

Email: sue@unbundledlaw.orgEmail: sue@unbundledlaw.org

Note: Please put the words “limited scope” Note: Please put the words “limited scope” or “unbundling” in the subject line to or “unbundling” in the subject line to avoid being lost in cyber-spaceavoid being lost in cyber-space

The EndThe End