AFCC Webinar Unbundled Legal Services Webinar... · • DEFINE SCOPE • ALLOCATION OF TASKS AND...

10/24/2018

Forrest S. MostenMediator and Collaborative Attorney MostenMediation.com

310.473.7611

mosten@mostenmediation.com

UNBUNDLED LEGAL SERVICES:AFCC WEBINAR

Sponsored by: OurFamilyWizard.com

310.473.7611

LAW IS A SERVICE INDUSTRY

• MEET NEEDS OF PUBLIC

• PROVIDE COMPETENT AFFORDABLE PRODUCTS

• MAKE SERVICES AVAILABLE TO CONSUMERS WHO NEED AND WANT THEM

310.473.7611

CLIENT VIEWS OF THE LEGAL SYSTEM

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IMPERSONAL

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INTIMIDATING

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UNSYMPATHETIC

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UNRESPONSIVE

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IMPOTENT

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OVERWHELMED

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TOO COSTLY

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TOO LONG

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TOO INEFFICIENT

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access to civil justice ranks US 94th out of 113 countries• 86 percent of low‐income Americans receive inadequate or no professional legal help for the civil legal problems they face.

• US below Turkey, Honduras, Myanmar, Iran, etc.

• The U.S. rank dropped 30 spots from 2015 to 2016, continuing a slide that has occurred over the past three years.

310.473.7611

PACKAGE OF LEGAL SERVICES

310.473.7611

DEFINITION OF UNBUNDLING

Client is in charge of selecting one or several discrete professional tasks contained within the full service package

The client specifically provides for:

i) Extent of services provided by professional

ii) Depth of services provided by professional

iii) Communication and decision control between client and professional

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310.473.7611

Unbundled Lawyer RoleDuring MediationLegal Advisor

Assess Legal and Financial Needs

Review Summary Letters and Interim Agreements

Monitoring Progress

Negotiate with mediator

Client negotiation coach

Assist in Drafting Agreements

Attend Mediation Sessions

310.473.7611

Therapist’s Unbundled Role During MediationCommunications and Parenting Advisor

Assess Children’s Needs

Review Parenting Plans and Ground Rules

Monitoring Progress

Coordinate Other MHP Experts

Negotiate with mediator

Client negotiation coach

Assist in Drafting and Explaining Agreements

310.473.7611

I GET UP WANTING TO RUN TO THE OFFICE!!!

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WHY I WANT TO RUN TO THE OFFICE?

• Have work consistent with my values and personality

• Intellectually challenging

• Help people

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WHY I HAVE BENEFITEDFROM UNBUNDLING MY PRACTICE!!!!

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INCREASE MARKET SHARE BY DIFFERENTIATING MY SERVICES

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ALL MY TIME IS FULLY PAID

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INCREASE CONTROL OVER MY LIFE

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PERSONAL SATISFACTION:I LOVE MY PRACTICE!!

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MY Unbundled RolesMY Unbundled Roles

• Collaborative Lawyer

• Consulting Attorney in Mediation

• Advisor to Self‐Represented Litigants

• Ghostwriter—Letters and Court Forms

• Negotiation Coach

• On Call During Court Appearances

• Preventive Transactions in the Office

YOU CAN MAKE LIMITED COURT APPEARANCES;

I CHOOSE NOT TO

310.473.7611

GROWTH OF UNBUNDLING

LINK TO MAP:https://www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/pro_se_resources_by_state_map.html

310.473.7611

NATIONAL UNBUNDLING CONFERENCEBaltimore, 2000; Denver 2017

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ABA AND STATE BAR INITIATIVES

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TOOLBOXES FOR LAWYERS

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ETHICAL RULE CHANGES

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SUPPORT BY LEGALMALPRACTICE INSURERS

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BLOGS, AND TRAININGS

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THE PRESENT: HELLO DIVORCE

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Divorce Advisor, Ron Ouskywww.Ousky.com

310.473.7611

Brian Burke, Santa Barbara, Cahttp://burkefamilylaw.com/roadmap-consultation

310.473.7611

Legal Grind, Santa Monica, Cawww.legalgrind.com

10/24/2018

310.473.7611

Joel Miller, Torontohttp://thefamilylawcoach.com/services/

310.473.7611

Gevutrz Menashe & HowePortland, Oregonwww.gevurtzmenashe.com/family law/

310.473.7611

Levitt and Quinn, Los Angeles, CAhttp://levittquinn.org/services/

10/24/2018

310.473.7611

FACEBOOK PAGE ON UNBUNDLING https://www.facebook.com/groups/unbundledlaw/

310.473.7611

IAALS COMMON AND AVOIDABLE MISTEPS IN UNBUNDLED SERVICES

• Failing to obtain informed consent from the client.

• Failing to file the appropriate entry of appearance form, if necessary.

• Failing to precisely define or document the scope of engagement, spelling out what you will and will not do for the client.

• Failing to keep your services within the scope of your agreement.

• Failing to communicate with the client to assure understanding of your partial involvement and the tasks for which the client remains responsible.

• Failing to properly manage the client’s expectations, including what to expect if the limited representation does not extend to court appearances.

310.473.7611

• Failing to provide proper documentation, such as memos to the file and confirming emails.

• Failing to document changes in the scope of representation.

• Failing to detect conflicts of interest.•• Failing to ask the right questions or verify client’s facts.

• Failing to effectively/properly disengage and withdraw as attorney of record.

10/24/2018

310.473.7611

• Failing to advise your client on related matters, even if not asked.

• Failing to read the rules and sign the proper forms.

• Failing to obtain initial and ongoing training about unbundling rules, ethics opinions, laws, and best practices.

310.473.7611

ARE YOU OPEN and READY TO UNBUNDLE?

310.473.7611

DO YOU HAVE THE PERSONALITY AND CONSUMER ATTITUDE TO UNBUNDLE?

10/24/2018

310.473.7611

8 STAGES OFUNBUNDLING PRACTICE

1. OFFICE PREPARATION

2. CLARIFYING YOUR APPROACH

3. INITIAL CLIENT CONFERENCE

4. UNBUNDLING ASSESSMENT

5. CONTRACTING

6. MONITORING

7. CONVERTING SCOPE

8. TERMINATION

310.473.7611

AGENDA FOR INITIAL CLIENT CONFERENCE

• DESCRIBE UNBUNDLED SERVICES

• COMPARE UNBUNDLING TO FULL SERVICE REPRESENTATION

• BENEFITS AND RISKS

• IS UNBUNDLING APPROPRIATE

• DEFINE SCOPE

• ALLOCATION OF TASKS AND ISSUES

• FEES

• REVIEW LIMITED SCOPE AGREEMENT

• WRAP‐UP NEXT STEPS

310.473.7611

Watch Out and Screen for the Red Flag Clients

• The principled client

• The great expectations client

• The emergency client

• The coy communicator

• The control freak

• The client with cognition issues

• The client who cannot handle it

• The "paralawyer” client

• The favor client

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310.473.7611

MONITOR PROGRESS

• AGREE WHEN AND HOW COMMUNICATION WILL OCCUR

• USE COMPUTER CALENDARING

• CHECK‐IN ON PROGRESS AND SATISFACTION

• BE VIGILANT TO CONVERT TO FULL SERVICE

310.473.7611

OPTIONS WHEN TROUBLE STRIKES

• CONTINUE COACHING

• CONVERT TO FULL SERVICE WITH COACH OR FULL SERVICE PROVIDER

• SELF‐REPRESENT

• CONFIRM IN WRITING

310.473.7611

REASONS FOR TERMINATION

1. Client Can’t Handle It

2. Bad Faith of Client

3. Situation Worsens

4. Danger

5. Court Initiated

6. Won’t or Can’t Pay

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310.473.7611

Noticed Limited Scope Representation in Family Law

• Notice of Limited Scope Representation Form FL‐950 or Custom Drafted

• After notice received and until either substitution of attorney or order to be relieved as attorney is filed and served

• Attorney must be served with documents that relate only to the issues identified; AND

• Party must be served directly with documents that relate to all other issues outside the scope of attorney’s representation

310.473.7611

IAALS COMMON AND AVOIDABLE MISTEPS IN UNBUNDLED SERVICES

• Failing to obtain informed consent from the client.

• Failing to file the appropriate entry of appearance form, if necessary.

• Failing to precisely define or document the scope of engagement, spelling out what you will and will not do for the client.

• Failing to keep your services within the scope of your agreement.

• Failing to communicate with the client to assure understanding of your partial involvement and the tasks for which the client remains responsible.

• Failing to properly manage the client’s expectations, including what to expect if the limited representation does not extend to court appearances.

10/24/2018

310.473.7611

• Failing to provide proper documentation, such as memos to the file and confirming emails.

• Failing to document changes in the scope of representation.

• Failing to detect conflicts of interest.•• Failing to ask the right questions or verify client’s facts.

• Failing to effectively/properly disengage and withdraw as attorney of record.

310.473.7611

• Failing to advise your client on related matters, even if not asked.

• Failing to read the rules and sign the proper forms.

• Failing to obtain initial and ongoing training about unbundling rules, ethics opinions, laws, and best practices.

310.473.7611

TIPS FOR BUILDING AN UNBUNDLING PRACTICE

10/24/2018

310.473.7611

Commit to Learning Concepts, Law, Skills and Craft of Unbundling

310.473.7611

Let clients know that you unbundle

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Let other lawyers in your community know that you unbundle

10/24/2018

310.473.7611

Mediation Coach

310.473.7611

Shadow Coach

310.473.7611

Ghostwrite Client Lettersas a Peacemaker

10/24/2018

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Client Negotiation Teacher

310.473.7611

Write Letter to Other Party or Lawyer

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10/24/2018

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Serve as Manager ofConflict Resolution

310.473.7611

Use Unbundled Confidential Mini-Evaluations (CME)

310.473.7611

Offer Second Opinions

10/24/2018

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Unbundled Preventive Conflict Wellness

Provider

310.473.7611

CONSUMER AND FAMILY FRIENDLY OFFICE

• PREPARE YOUR OFFICE

• CLIENT CLASSROOM

• CURRICULUM

• LEARNING TOOLS

• SELF‐HELP RESOURCES

• CONSUMER DRIVEN STAFF

310.473.7611

THE FUTURE OF UNBUNDLEDLEGAL SERVICES

10/24/2018

310.473.7611

UNBUNDLING IS MORE THANIMPROVING LEGAL ACCESS……

310.473.7611

UNBUNDLING IMPROVES THE REPUTATION OF THE LEGAL PROFESSION

310.473.7611

UNBUNDLING IMPROVESPROFITABILITY AND QUALITY OF LIFE OF LAWYERS

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UNBUNDLING WILL ACCELERATETHE GROWTH OF MEDIATION

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UNBUNDLING CAN ENHANCEPEACEMAKING FOR FAMILIES

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FURTHER REFORMSWILL INCREASE UNBUNDLING’S IMPACT

10/24/2018

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LAWYERS WILL BE REQUIRED TODISCUSS UNBUNDLING AS PARTOF REQUIRED INFORMED CONSENT

310.473.7611

LAWYERS WILL BE REQUIRED TOHAVE LIMITED SCOPE TRAINING TO

GET A LICENSE

310.473.7611

LIMITED SCOPE DELIVERY WILL BE AN ABA SECTION

10/24/2018

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COURT HOUSES WILL HAVE 10 COACHINGFOR EVERY 1 TRIAL COURTROOM

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JUDGES AND COURT STAFF WILL BETRAINED IN LIMITED SCOPE DELIVERY

310.473.7611

COURT LETTERS ABOUT UNBUNDLING

10/24/2018

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INCENTIVES TO USE LIMITEDSCOPE REPRESENTATION

310.473.7611

Mosten and ScullyUnbundled Legal Services: A Guide for Family Lawyers (ABA, 2018)

310.473.7611

2 Day Unbundling TrainingJanuary 25-26, 2019

San Diego

http://www.mostenmediation.com/training/courses.html#collab‐buildingsuccessunbundled

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