LEGAL REPRESENTATION IS NOT ONE SIZE FITS ALL; CHOOSE THE REPRESENTATION THAT FITS YOUR NEEDS.

Going through a divorce usually means facing a serious cash flow problem.  In many cases the parties' income was barely enough to support one household.  Now, that same income must support two households.  Needless to say, most people don't have legal insurance or have disposable income to hire an attorney to help navigate the divorce.  However, it is during this very difficult financial time that they need the advice of an attorney more than ever.

It is true that attorneys require a hefty up front retainer before working on your case.  The purpose for that will be discussed in other blogs.  But the reality is that not all people can find an extra $3,000, $5,000, or $10,000 retainer.  Well, there are options that you should investigate. 

As you read the discussion of options below, you should keep in mind the principles discussed in my previous blog regarding options of whether to litigate, mediate, or enter into the collaborative process.  Namely, that you should not try and cram a square into a circle; you should not try a limited scope representation if you have complicated matters in all dissolution areas, a full service representation may be best.   

FULL SERVICE REPRESENTATION

In a Full Service Representation relationship, The attorney becomes your “Attorney of Record” for purposes of your Family Law case.  In essence, the attorney is your legal representative and steps into your shoes.  This means that the Court and your spouse’s counsel send all correspondence, pleadings, filings, etc., to your attorney on your behalf.  When you are represented in this capacity your spouse’s counsel may not contact you for any reason.  Attorneys must communicate with each other directly to discuss the case.  In this relationship, the attorney prepares and executes a case plan to achieve the goals decided between you and the attorney.  The attorney completes all calendaring, filing of papers, meeting of deadlines, and makes any and all required court appearances, most of which the you will also need to attend.  In court, the attorney will do the speaking and advocate on your behalf, unless you are required to give testimony under oath.  In this scenario, the attorney will prepare you for your testimony to ensure you are calm, confident, and most importantly, truthful.  When the case resolves or there is otherwise required a termination of the attorney-client relationship, a form must be submitted to the court and served on interested parties memorializing that the attorney is no longer “attorney of record”.    

LIMITED SCOPE REPRESENTATION

In a Limited Scope Representation, an attorney may limit the attorney services by agreement with a self represented litigant to consultation on procedures and preparation of pleadings to be filed by the client self represented. A litigant may be either self represented or represented by counsel, but not both at once, unless approved by the court.  In order for the attorney to specially appear on behalf of the litigants for a limited purpose, the attorney must comply with all applicable court rules and procedures, including the filing of a Notice of Limited Scope Representation with the Court and service on all interested parties.

As an example, a client may only want to hire an attorney to provide full service on one aspect of their case, like Child Support.  The attorney’s written engagement agreement with the client would designate the attorney as “attorney of record” for the Limited Scope of providing full service only for the issue of Child Support.  The attorney would not be attorney of record for any custody, visitation, spousal support, property division, or any other issues.  The client would remain self represented for those issues and would remain responsible for court appearances, calendaring, filing of papers, meeting at deadlines, and all other responsibilities that counsel of record normally would do.

However, at any time throughout the process, representation can change from Limited Scope to Full Service.  This would require a new engagement agreement and the requisite forms being filed with the Court and served on interested parties. 

At the end of the Limited Scope Representation, a form must be submitted to court memorializing that the attorney is no longer attorney of record for such limited purpose.   

UNBUNDLED SERVICES / CONSULTATION ONLY SERVICES

In an Unbundled Services or Consultation Only relationship, the attorney is engaged by individuals representing themselves in litigation or mediation to give legal advice about various steps in the case. The attorneys written engagement agreement with the self represented client provides that the attorney will not be the attorney of record in the case, that court appearances, calendaring, filing of papers, meeting at deadlines, and all other responsibilities that counsel of record normally would do, are the client’s responsibility. 

The attorney’s engagement is limited to that of a law consultant who will advise the client on matters only as the client requests, and to assist in or draft papers that the client will sign and file. The attorney also may keep track of the case and its deadlines.  All documents are prepared with the client appearing as a self-represented party.

The purpose of such agreement is to provide clients with the legal advice necessary to navigate their Family Law case as a self represented party.  This is attractive to some clients who desire to keep control of their case or do not have the financial capacity to hire an attorney for a Full Service Representation.

The issues discussed in this blog are generalized and not case specific.  In reading these blogs, it is expressly understood that the blog is not offering legal advice, nor is it establishing any attorney client relationship.  If you have specific questions about a legal issue you are experiencing, you should contact a lawyer in your area and seek legal advice.