Are You a Lawyer Who Provides Limited Scope Legal Services?
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When you hire a lawyer to provide a limited legal service, you’re hiring the lawyer to perform a specific task or to only do a part of your case. Limited scope legal services occur when a lawyer performs discrete tasks for a client, and the client handles other matters that, in a full-service retainer, would form part of the services the lawyer would provide. In these circumstances, the lawyer takes responsibility for only those discrete steps or tasks in a case with the client retaining responsibility for the remainder.
There are many different types of service that can be provided in a limited scope capacity in the family law context. Counsel might, for example, be retained only to:
- give an opinion about a legal problem or how it can potentially be resolved;
- do research about a legal problem;
- prepare court documents;
- go to court with the client for a particular step in a case, such as a case conference or a motion;
- attend with a client at mediation;
- give an opinion regarding a draft agreement; or
- do research about a particular stage of the case.
Another type of limited scope family law service involves a lawyer taking responsibility for one or more issues, such as equalization of property, while leaving other issues to the client.1
- Like many concepts related to limited scope retainers, the difference between horizontal and vertical unbundling was articulated by Forrest Mosten, “Unbundled Legal Services Today and Predictions for the Future” (Fall 2012) Family Advocate 14-21: <http://www.mostenmediation.com/books/articles/Unbundled_Legal_Services_Today_and_Predictions.pdf ↩︎
There has been a significant increase in the number of self-represented family litigants, with one or both parties now appearing in court without a lawyer in over half of family law cases. Many people involved in alternative dispute resolution processes for their family law issues are also not represented by a lawyer.
Research has established that the inability to afford full representation by a lawyer is the single biggest factor in the decision to participate in family court or extra-judicial family law dispute resolution processes without counsel.
Although many self-represented litigants do an effective job on their own, proceeding in court without legal assistance has significant potential negative impacts. Litigants often find family court processes daunting and have difficulty understanding the process, as well as their rights and obligations. This then makes it more challenging to resolve their disputes in an efficient way, potentially leading to increased costs and delay for the parties and the family justice system. The same issues arise for self-represented participants in alternative dispute resolution outside the court process.
Family law limited scope services, also known as “unbundled” legal services, provide an innovative option between full representation and no representation at all. Under a limited scope retainer, also known as an “unbundling” agreement, a lawyer provides services for part, but not all, of a client’s legal matter. For more information on “What are Limited Scope Services?” – click here.
The provision of limited scope services has significant potential for reducing the gap in representation for family law disputes.
Ontario’s Family Law Limited Scope Services Project reserves the right to add or remove lawyers from the Family Law Limited Scope Services Roster at our discretion.
Province-wide recruitment and training of family lawyers to join the roster is ongoing.
The minimum requirements for admission to the roster are as follows:
- A minimum of at least 3 most recent consecutive years in the practice of law in which family law comprised at least 33% of your practice.
- A minimum of at least 3 most recent consecutive years in the practice of law in which family law comprised at least 33% of your practice.
- Family law must comprise a minimum of 33% of your current practice at the time of your application.
- You must have completed the FLLSS training provided by the Project before submitting your application to the roster.
If, at any point in your practice, there occurs a change in circumstances that would prevent you from offering the services connected to this project and roster, it is the lawyer’s responsibility to inform the project’s coordinators of this fact (info@familylawlss.ca). This could range from a change of practice area or geographic location, a disciplinary hearing or suspension with the Law Society of Ontario or simply a desire to no longer be included in the list.
Information about training is available via webinar and upcoming in-person sessions and the registration process is posted here: [insert link]
Precedent for creating a limited services retainer agreement with multiple options.
Precedent for creating a limited services retainer agreement with multiple options.