shlep: the Self-Help Law ExPress

The best resource for help in learning about the unbundling of legal services is Unbundling.Org

This free resource contains some examples of unbundling agreements, and this one, from Maryland legal services, really keeps it simple. It stands to reason that any agreement with a consumer should be readable and easily understandable. However, it must contain the essentials in order to be specific enough to protect the lawyer from designing individuals who mess up their own case, and blame the lawyer. One of the first things I learned as a lawyer was that no good deed goes unpunished. My most ungrateful, hateful clients were always the ones I was helping pro bono . In any event, I am going to expand upon this agreement for use with Small Claims clients whose matters don’t justify a lawyer’s participation. For instance, I might have an initial consultation to explain the Landlord Tenant law, but disclaim liability for pleadings, or court appearances. Or, I might assist with drafting of pleadings, and do an explanation of the law consultation, but not go to court with the client. You get the idea. In this way, the client gets the help she needs, at an affordable price. Of course, most of the sob stories I hear end up in full representation, pro bono. I have GOT to learn to say NO (or partly NO?).

Going to court is not in most people’s ordinary range of experience. It can be confusing and scary, whether or not they are represented by counsel. 

Here is a sheet with some basics: When Witnesses and Victims Go to Court. It’s adapted from a document by the California AG’s office by Transcend, a company that, among other things, produces plain-English versions of documents. Bonus: Transcend also also produced versions in Spanish  and Chinese.

Florida Family Law Forms for Limited Scope Representation.

The Florida Supreme Court adopted forms for Notice of Limited Scope Representation in Family Law matters in 2003. This Order in 2004 creates standard forms for the protection of both the lawyer and the consumer in these cases. Since the general form of the documents has been approved, it would be wise for any attorney stepping into the waters of limited representation use these forms as a model. Before attempting a formal limited scope relationship, the attorney should familiarize himself with the current state of legislation and rules in his State.

NCSC List of State Laws regarding Unbundling

This comprehensive list of State law and regulation concerning unbundling should be the first stop for any lawyer considering such representation. My State, Florida, permits such limited scope representation, but requires the scope of the limitation to be “reasonable”, whatever that means. Written consent must be obtained from the client, and the engagement agreement must specifically describe the arrangement. Since my previous experience with unbundling has not really been unbundling (I have retained full responsibility for the representation), I am, I admit, somewhat uncomfortable with this concept. However, I am going to attempt to create a sample engagement agreement for such limited scope representation as a model. So, while you are out checking out your State’s rules, I will be doing some research. Too bad I can’t “unbundle” blog posting duties. :-)

The Idaho courts are certainly on the cutting edge of unbundling legal services, as this site kindly pointed out to the FutureLawyer by David Giacalone shows: Idaho Supreme Court Self-Help Center. The site brings together attorneys and clients who wish to share the load in self representation, and, since it is court sponsored, it removes some of the anxiety lawyers feel about liability and other concerns of giving up some control. I have unbundled primarily by delegating investigative, research, and other tasks not directly related to the presentation of cases, with some success. Clients generally appreciate being involved in the case, and substantial cost savings can result. In future posts, I will talk about standard engagement agreeements, the types of work that can be severed and performed by clients, and some of the ethical and liability concerns.

My first contribution to shlep is a description of some excellent pro se resources.

Pro Bono Net is a nonprofit organization headquartered in New York City whose mission is “to increase access to justice through innovative uses of technology and increased volunteer lawyer participation.” For lawyers, it links legal services and pro bono groups around the country.

For consumers, it offers LawHelp.org, a gateway to legal services providers and self-help materials around the country. Over thirty of the states and territories are part of the LawHelp network — you’ll see that their websites often have similar layouts and graphics. The directory links to other legal assistance organizations for the remaining states and territories.

Since I’m in Seattle, I’m most familiar with Washingtonlawhelp. A straightforward menu lets a user choose a general area of law (Housing, Consumer & Debt, Government Benefits, etc.). Within that category, there are more specific topics — for instance, Family Law includes “Dissolution of Marriage (Divorce),” “Child Support,” Unmarried Couples / Same-Sex Couples,” and a dozen other topics. And the each of these topics has descriptions of very focused, practical guides (e.g., “Do You Owe Child Support?” and “Filing a Petition to Modify Your Child Support Court Order”). The guides often include checklists and forms.

Some of the guides have been translated into other languages to serve people in our immigrant communities. Many more are available in Spanish than in Somali or Urdu. Nineteen languages are represented in all. (I volunteer in a tutoring center for children in a local housing project. Last week the kids listed their languages. My three students’ parents speak in the home: Vietnamese, Swahili, Somali, and Oromo.)

The site includes a directory of legal aid programs in the state, to help people find people who can help — whether it’s a telephone help line, a legal clinic, or the county law library. (Select King County from the drop-down menu to see a rich variety of resources.)

Washingtonlawhelp is maintained by Northwest Justice Project, in collaboration with Columbia Legal Services, the Washington Courts, and others. 

Each of the items that I had planned to mention today has a connection to both unbundling and weblogging — the first stems from an article on employees with weblogs, the other is part of shlep‘s own recruitment campaign: 

Self-help law guru Richard Zorza (Coordinator of the Self-Represented Litigation Network) has succinctly described “Trends in Self-Represented Litigation Innovation” (6 pp. pdf.) in an article appearing in Future Trends in State Courts 2006, from the National Council for State Courts.

[we’re in pre-launch status, as we search for a shlep team — can you contribute?]     

SelfHelpSupport.org and the Self Represented Litigation Network announced today that they have established a program for Mentoring and Networking on Self-Help Programs.  Dated Sept. 11, 2006, the Announcement from Madelynn Herman, NCSC’s SelpHelpSupport.org Project Director, notes: