Robinson ♦ Thatcher, LLP

Posts Tagged ‘Do It Yourself Lawyer’

Everywhere you look these days people are engaging in “do it yourself” activities:  from improvement, to the real estate market (Redfin), to the stock market, to website design.  For a variety of reasons, an increasing number of people are representing themselves in court as well.

The high cost of litigation

Hiring a lawyer is expensive.  I recently heard a statistic that in 2009, the average divorce cost the couple $77,000.  In today’s economy, the average person often cannot afford to have a lawyer representing him or her throughout an often lengthy court battle.  So, on the one side, you have the high costs of legal representation, and on the other, you have a court system that is mired in rules, its own language and a complicated procedural structure to the uninitiated.

A law firm that offers unbundled services may be the solution for the person who wants (or needs) access to the legal system, but either cannot afford or does not want to hire a traditional lawyer.

What can a lawyer offer the legal do it yourself-er?

In the traditional model, a client hires a lawyer who takes the case and handles everything; frequently with little or no input from the client.  Unbundled legal service is essentially “à la carte” legal representation.  Generally, the client is representing himself, thus has full control over the process of the litigation.  The unbundled lawyer acts as a consultant for the client.

Unbundled services can range from offering guidance and advice, to filling out forms on the client’s behalf, to acting as a ghostwriting, to making limited court appearances for the client.  The unbundled lawyer’s role is determined by the client’s comfort and ability to represent him or herself, as well as by the client’s willingness to do most of their own legwork.

Support from High Court Judges

In January, 2010, New Hampshire Chief Justice John T. Broderick Jr. and California Chief Justice Ronald M. George wrote an Op-Ed piece for the New York Times in support of unbundled legal services.  In that piece, they acknowledged the concerns that some lawyers may have with the practice of offering unbundled legal services:  “that limited legal representation will encourage litigants to dissect their cases in an effort to save money, sacrificing quality representation that the litigant might otherwise be able to afford. . . .  Apparently, some are concerned that the court system will become so user-friendly that there will be no need for lawyers.”

In their article, the justices state that this is not the case, both strongly support having unbundled legal services as an available option.  Justices Broderick and George concluded that “lawyers make a difference and clients know that. But for those whose only option is to go it alone, at least some limited, affordable time with a lawyer is a valuable option we should all encourage. “

The Law Offices of Laura L. Thatcher can help!

The Law Offices of Laura L. Thatcher offers unbundled representation as part of the legal services available to our clients.  If you are considering representing yourself in a divorce, contact us to see if we can help you navigate the court system.  We can help you turn your everyday language into “legal speak” with confidence!