As part of its ongoing efforts to modernize the legal sector, the SRA recently launched a new initiative to encourage law firms to offer «unbundled services,» with the regulator unveiling plans for a pilot project to explore the benefits. The biggest challenge right now is the lukewarm enthusiasm for the approach within the legal sector and, in particular, the fear that it could expose lawyers to potential violations of the SRA`s own principles. What exactly are «unbundled services» and why is the SRA so keen to advance them? The development of unbundling should take into account evolving court proceedings, which «would provide additional opportunities for unbundling, as some consumers will be able to control legal administrative procedures more easily». As long as limited lawyers comply with the ethical requirements of their jurisdiction when providing unbundled legal assistance, limited scope representation offers many benefits. By offering unbundled legal services, small law firms and individual lawyers can expand their practices and provide access to justice for those who otherwise cannot afford representation. This applies to both small businesses and solos, as well as litigation and transactional practices. Specific tasks could include writing letters, drafting documents, assisting clients during trials or preparing for hearings. This may include legal research, second opinion, representation in court, or helping the client represent themselves. Providing unbundled services means you also have a higher volume of customers, making a full customer onboarding process essential. There are two essential aspects to effective customer onboarding: asking the right questions to qualify customers and using reputable customer pickup software. Legal Connection, a service that connects lawyers who know each other so they can collaborate remotely, «offered a live demonstration of the use of legal services unbundling, where consumers can have a follow-up discussion with the provider, access the same documents, and be assigned tasks with clear timelines.» One of the last areas of unbundled legal services adopted by state bars was legal ghostwriting. Legal shadow writing typically involves a lawyer drafting a legal document on behalf of a client – such as a subpoena and complaint, response, or notice of appeal. The client retains responsibility for other aspects of the claim, such as filing, correspondence with the court and opposing counsel, and the general prosecution of their case.

According to this agreement, the ghostwriter lawyer is not the registered lawyer. Instead, the customer appears in the action itself, that is, he represents himself. In this case, the unbundled lawyer could inform the court of his assistance in preparing the document. Independent lawyers and law firms that provide unbundled legal services can continue to provide full representation to clients who wish to do so. But the law firm or individual law firm can also cover businesses and individuals who only apply for or can afford unbundled legal aid. As a lawyer, adding limited scope services can open up a new client market for your firm. This applies to both business and individual customers, including low- and middle-income households. In addition to improving access to legal services, you will grow your business, generate new forms of revenue, and provide better service to your clients, which could commit you to full representation. Client selection is just as important in providing unbundled legal services as it is in a transaction within a full mandate. It is useful to remind ourselves of the overriding duty to «act in the best interests of each client»2 and the need to «consider your client`s characteristics, needs and circumstances». 3 This means that you need to determine whether it is appropriate to provide the customer with an unbundled service.

If you feel that the client does not have the support, skills or ability to deal with other aspects of the issue, you should refuse to act in an unbundled manner. In addition, as explained in the ABA statement above, informed consent is required under the Model Rules (and may also be required in your jurisdiction). Always make sure your tenant understands the limitations of the unbundled legal services contract, including the risks. Make sure you remember it in a signed font. Online legal service provider Rocket Lawyer, which targets individuals and SMEs, said it has seen a «sharp increase» in workload during the pandemic. A good starting point is Padden v Bevan Ashford [2011] EWCA Civ 1616. In this case, a newly licensed lawyer met with Ms. Padden to provide her with independent legal advice regarding loans to be secured by the family home and assets to repay the sums that Mr. Padden had embezzled in the course of his business. The interview was short and certainly less than the half hour allotted.

Ms Padden was advised not to sign the documents, but she made it clear that she intended to do so, believing that repaying the money was the only way to prevent her husband from going to jail. She returned a few days later to sign the documents when a partner witnessed her signature and certified that the consequences had been explained and that she understood them, although it appears that no advice was given on this occasion. Lawyers providing unbundled legal services should establish a clear, limited representation agreement that explicitly defines what is and is not included in unbundled legal services.