The Need for Alternative Legal Services Delivery

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.

Research has established that inability to afford full representation by a lawyer is the single biggest factor in the decision to participate in family court without counsel.

Although many self-represented litigants do an effective job in court on their own, proceeding 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, leading to costs and delay for the parties and the family justice system.

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.

Have you worked with a lawyer who provided you with unbundled legal services in a family law matter?

Dr. Rachel Birnbaum at King’s University College, Western University is interested in hearing from clients who have used unbundled services.  Any telephone interviews will be kept strictly confidential and any information reported will be anonymous.

Dr. Birnbaum can be contacted by email at: rbirnbau@uwo.ca or by text and phone at 1-800-265-4406 or 519-433-3491, Ext. 4431