Unbundled legal services are gaining in popularity. In this article, we explore the following questions: What are unbundled legal services? What are the benefits? What are the risks of using unbundling legal services?
What are unbundled legal services?
So, what are we talking about? Unbundled legal services (also called “limited scope representation” or “à la carte legal services”) is a legal service delivery model where attorneys provide specific, clearly defined services for discrete portions of a client’s legal matter rather than handling the entire case from start to finish. In traditional full-service representation, an attorney handles everything related to a case. With unbundled services, clients can pick and choose which specific tasks they want professional help with, while handling other aspects themselves.
The concept was introduced by Forrest S. Mosten, in his book, Unbundling legal services: a guide to delivering legal services a la carte, which was published in 2000. The practice of unbundling legal services first took off in family law. Since then, the use of unbundled legal services has been increasing. This growth is driven by a rising demand for affordable legal solutions, a growing number of self-represented litigants, and clients’ desire for more control over their legal affairs. Lawyers have responded with greater acceptance and support for this model, recognizing its potential to bridge the justice gap.
By now, unbundled legal services have become quite common, and they are expected to become even more so. In a way, one could also label all the services offered by Alternative Legal Service Providers (ALSPs) unbundled legal services. They do exactly the same thing: they focus on – and specialize in – one aspect of the legal process. So, from that perspective, it’s not just the clients but also the lawyers who benefit from unbundled legal services, where they can outsource specific tasks, either to ALSPs or other lawyers.
These days, we can find plenty of examples of unbundled legal services:
- Legal coaching (giving advice on how clients can represent themselves)
- Transactional guidance
- Negotiation advice for a specific matter
- Limited litigation and court appearances, like a court appearance for a specific hearing only
- Document preparation or review, and document drafting (think of contracts, wills, etc.)
- Agreement review
- Case evaluation
- Settlement evaluation
- Legal research on a particular issue
- Consultation on strategy or specific legal questions
What are the benefits?
The main purpose of unbundled legal services is to save costs for the client. So, for clients, this model offers a cost-effective solution. It makes legal assistance more accessible to those who might not afford comprehensive representation. As such, unbundled legal services also improve access to justice. And they provide greater control and involvement in the clients’ legal matters, as clients can choose which aspects to handle independently and which to delegate to an attorney.
For attorneys, offering unbundled services can expand their client base, enhance job satisfaction by tailoring services to specific client needs, and improve financial outcomes through upfront payments.
For both parties, unbundled legal services offer greater flexibility.
What are the risks of using unbundling legal services?
While unbundled legal services increase access to justice and affordability, they come with several notable risks for both attorneys and their clients.
For attorneys, there are significant potential malpractice concerns: if scope limitations aren’t clearly documented, this may result in a failure of a client to comply with their responsibilities, either through inability or a lack of understanding of the expectation. Many lawyers also struggle with maintaining appropriate boundaries when clients inevitably want assistance beyond the agreed scope. There’s an additional challenge of providing competent representation with only limited involvement in a case. Attorneys maintain an ethical duty too to verify that clients are competent to handle portions of their own case. Add to that that possible negative outcomes could reflect poorly on the attorney, even when those outcomes stem from the client’s handling of the case.
For clients, there’s often a misunderstanding about the limited nature of representation. Many clients struggle with inadequate handling of case aspects outside the attorney’s scope and may miss critical deadlines or procedural requirements. Complex legal matters can be difficult to navigate without continuous guidance, potentially leading to worse outcomes than with full representation.
Several mitigation strategies can help address these risks. Clear, written agreements that explicitly define the scope of services are essential. Thorough documentation of all communications and advice provides protection for both parties. Regular assessment of client capacity to handle their portions of the case helps prevent problems. Establishing mechanisms to modify the scope when necessary, provides flexibility. And thorough client education regarding exactly what the attorney will and won’t handle helps set proper expectations.
Conclusion
Unbundled services have become increasingly popular as the legal market evolves to meet changing client demands for more cost-effective and flexible legal solutions. They represent a significant shift from the traditional model of comprehensive representation toward more client-centred, accessible legal services. They offer a flexible and affordable alternative to traditional full-service representation, benefiting both clients and attorneys. Their growing prevalence and demand reflect a shift towards more accessible and client-centred legal solutions. But while unbundled services can be valuable when implemented properly, they also require careful management of expectations and boundaries to protect both attorneys and clients.
Sources:
- https://en.wikipedia.org/wiki/Unbundled_legal_services
- https://www.bill4time.com/blog/unbundled-legal-services/
- https://www.miller-insurance.com/articles/news-and-insights/unbundled-legal-services-risks-and-mitigations/
- https://www.americanbar.org/groups/delivery_legal_services/resources/
- https://anthonygold.co.uk/insight/what-are-unbundled-legal-services/
- https://www.unbundledattorney.com/why-unbundled/
- https://www.zadjurafamilylaw.com/blog/what-are-unbundled-legal-services
- https://iaals.du.edu/honoring-families/projects/ensuring-access-family-justice-system/unbundling-legal-services/guide-0-2
- https://iaals.du.edu/publications/unbundling-legal-services-guide-lawyers
- https://www.findlaw.com/legalblogs/strategist/best-practices-for-unbundled-legal-services/
- https://lsj.com.au/articles/can-unbundled-legal-services-rescue-family-law-disputes/
- https://www.legalfutures.co.uk/blog/unbundled-legal-services-opportunities-risks-and-disclaimers