University of Denver

Better Access through Unbundling

From Ideation to Implementation
October 26th, 2017 to October 27th, 2017

What if in two days we could bring together leaders across North America to create paths that help close the justice gap through unbundled legal services? What if we created a forum where an array of stakeholders could share their perspectives, get better insights into collaborative roles, and learn about best practices to advocate for unbundled legal services? What if we can advance the recommendations of those state reports that encourage unbundling as one of the solutions to close the justice gap? What will it take for us to reach the tipping point?  

Unbundled legal service, also called limited scope representation, has emerged as a model to create more affordable services, increase access to justice, and provide a broader base of clients to practitioners. With this conference, provided participants with information and strategies to advance unbundling and engage participants in highly interactive exchanges that will lay the foundation for the creation of strategic plans for a broader implementation of unbundled legal services.

National authorities led discussions about:

  • The role of unbundling in the justice ecosystem;
  • Perspectives of practitioners;
  • Best practices of state and local entities that are encouraging unbundling;
  • Collaborative opportunities to expand unbundling; and 
  • The role of technology to use unbundling to change the delivery of legal services.

Strategic plans, a directory of experts, and a collection of supporting materials will be posted, tracked, and updated on a dedicated website following the conference so that its impact will be extended far beyond its immediate outcome. In other words, we will move from ideation to implementation.

Colorado CLE credit approved: 9 General Credits, 1 Ethics Credit.

This report provides a summary of the recommendations and solutions coming out of the IAALS/ABA Better Access through Unbundling conference, which are designed to add to the strengthening foundation...

Meeting Location

University of Denver
Anderson Academic Commons

2150 E. Evans Ave.
Denver, CO 80210
(map)

Guest Rooms

Marriott Courtyard Denver/Cherry Creek

1475 S. Colorado Blvd.
Denver, CO 80222

We have reserved a block of rooms for the nights of Wednesday, October 25, and Thursday, October 26. The group rate is $149.00 per night including breakfast. This rate is available for reservations made by Wednesday, October 4, or until the room block is full, whichever comes first.

Privacy Statement

The University of Denver maintains Privacy Guidelines at http://www.du.edu/privacy and endeavors to take reasonable precautions to maintain privacy and security within the sphere of its operations.

Questions

For more information or assistance with the logistics of this conference (hotel, travel, special needs, etc.), please contact Amy Downing, IAALS Special Events Coordinator, amy.downing@du.edu or 303-871-6649.

For questions or information about the agenda or program of the conference please contact Janet Drobinske, Legal Assistant, IAALS janet.drobinske@du.edu or 303-871-6627.

Click here for more information on our distiguished presenters.

Thursday, October 26

8:00 a.m.  Welcome & Introductions

Hon. Rebecca Love Kourlis, Institute for the Advancement of the American Legal System (IAALS)

Charles Garcia, ABA Standing Committee on the Delivery of Legal Services

8:10 a.m.  Unbundling Legal Services: Past, Present, and Future

Forrest S. Mosten, Solo Practice in Family Law and Adjunct Professor of Law, UCLA

8:30 a.m.  Unbundling within the Access Ecosystem

The session looks at key developments to expand access to justice and the role of unbundled legal services within that context.

Hon. Laurie Zelon, The Justice for All Project

Glenn Rawdon, Legal Services Corporation Legal Portals Project 

9:00 a.m.  The Baseline – What We Know from the Research

Recent research provides us with a sense of where we are with unbundled legal services. What do pro se litigants want? What are lawyers providing? Presentations on the research involving unbundled legal services will be followed by small group discussions.

Client Demand: Natalie A. Knowlton, Institute for the Advancement of the American Legal System (IAALS)

Lawyer Usage: Sara Smith, ABA Standing Committee on the Delivery of Legal Services

Moderator: John Greacen, Greacen Associates, LLC

10:00 a.m.  Break

10:15 a.m.  Unbundling for the NextGen – From law schools to incubators to pro bono

How do we reach law students, newly-admitted lawyers and even seasoned practitioners to provide a broader platform of unbundled legal services and maybe some experimentation?

Within Law Schools: Danielle Hirsch, Loyola University Chicago School of Law

Within Lawyer Incubators: Luz E. Herrera, Texas A&M University School of Law

Within the Pro Bono Community: Monica Fennell, Faegre Baker Daniels

Moderator: Andrew Schepard, Maurice A. Deane School of Law at Hofstra University 

11:00 a.m.  Perspectives from Practitioners

What do we know about the practitioner’s experience with unbundled legal services? Are certain client populations better served than others? Are unbundled legal services more affordable? More accessible? Experienced unbundling lawyers share their insights, followed by small group discussions about how to encourage lawyers to provide unbundled services and what we can learn from those who do. Presentations will be followed by small group discussions.

Forrest S. Mosten, Solo Practice in Family Law and Adjunct Professor of Law, UCLA

Elizabeth Scheffee, Shaheen & Gordon, P.A.

Wayne Moore, Law Office of Wayne Moore

Moderator: Keri Coleman Norris, LegalShield 

12:00 p.m.  Networking Lunch

1:00 p.m.  Best Practices

States are crawling, walking and running in the implementation of unbundling. This session begins with presentations from those who have taken bold steps to advance unbundling, followed by small group discussions about ways to encourage practitioners to provide these services and potential clients to seek them out.

Colorado Bar Roadshow: Hon. Daniel M. Taubman, Colorado Court of Appeals

Oregon Planning Process: William J. Howe, Gevurtz Menashe

The Self-Represented Litigant Legal Coaching Class: Dayna Cornwall, The National Self-Represented Litigants Project

Moderator: Hon. Mark Juhas, Superior Court of Los Angeles County 

2:15 p.m.  Break

2:30 p.m  Collaboration: Where are the opportunities?

Unbundling cannot be successful in a vacuum. This session explores a wide variety of collaborative stakeholders and the nexuses they create for greater unbundled legal services, followed by small group discussions about the roles of collaborators and the creation of their interactions.

The Judiciary: Hon. Dina Fein, Western Division of the Massachusetts Housing Courts

Self-Help Centers: Bonnie Hough, California Judicial Council

Law Libraries: Dan Cordova, Colorado Supreme Court Library

Group and Prepaid Legal Services: Nicolle Schippers, ARAG

Lawyer Referral Services: Theresa Hurley, Contra Costa County Bar Association

Moderator: Jon Asher

4:00 p.m.  What if? Technology and that which is still locked in our imaginations

Technology creates a new set of dynamics for the implementation of unbundled legal services, from the straightforward directory to that which have not even conceived yet. This session looks at current tech-based endeavors, followed by small group discussions that consider the unimaginable. 

Online Document Preparation: Tony Lai, Stanford Center for Legal Informatics (CodeX) and Legal.io

Artificial Intelligence: Abhijeet Chavan, Urban Insight

Virtual Advice: Esther Sirotnik, Avvo

Moderator: Richard Granat, DirectLaw, Inc.

5:00 - 6:00 p.m.  Cocktail Hour

An unaffiliated but related event is taking place in Denver on Thursday evening: Access to Justice through Technology

Friday, October 27

8:00 a.m.  Welcome & Introductions

Dona Playton, Institute for the Advancement of the American Legal System (IAALS)

Will Hornsby, ABA Standing Committee on the Delivery of Legal Services

8:15 a.m.  Decision Makers and Enabling Rules – Changes that clarify the practitioner’s path

Many lawyers don’t unbundle because they are unclear about its ethical propriety and malpractice risks. This session looks at the need for states to create rule changes that clearly chart that course and provide direction on risk assessment.

Ethics Rules: James C. Coyle, Office of Attorney Regulation Counsel, Colorado Supreme Court

Rules of Civil Procedure: Will Hornsby, ABA Standing Committee on the Delivery of Legal Services

Process for Rule Changes: Danielle Hirsch, Illinois Supreme Court Access to Justice Commission

Malpractice Issues: Heather K. Kelly, Gordon Rees

Moderator: Brittany Kauffman, Institute for the Advancement of the American Legal System (IAALS)

9:05 a.m.  Find Your Community

As we get ready to spend the morning developing strategic plans, conference attendees will self-select into groups. This exercise will help attendees make their selections.

9:15 a.m.  Arranging of Small Group Settings

9:30 a.m.  Breakout for Strategic Planning

10:45 a.m.  Break

11:00 a.m.  Reports on Strategic Plans

11:30 a.m.  Wrap-up and Next Steps

12:00 p.m.  Adjourn

Click here for more information on our distiguished presenters.

The following materials have been organized by panel:

 

Unbundled Legal Services: Past, Present, and Future:

Unbundled Legal Services Today–and Predictions for the Future, by Forrest Mosten, ABA Family Advocate

Unbundling and the Future of Legal Service Delivery, video by Stephanie Kimbro

The New Lawyer, by Julie Macfarlane

Reinventing the Practice of Law, ed. by Luz Herrera

There is a new book by Woody Mosten, co-authored by Elizabeth Potter Scully, entitled Unbundled Legal Services: A Family Lawyer’s Guide. Amazon is selling the book for $80—the author’s price is $64.95 on the Mosten Mediation website. The book is also available from the ABA Shop.

AFCC Training (2018), by Forrest Mosten

Forrest Mosten Presentation

 

Unbundling within the Access Ecosystem:

Report on the Summit on the Use of Technology to Expand Access to Legal Services, by the Legal Services Corporation

TIG 2017 Statewide Portal Discussion, video by the Legal Services Corporation

The Justice for All Project

 

The Baseline – What We Know from the Research:

Cases Without Counsel: Research on Experiences of Self-Represention in US Family Court, by the Institute for the Advancement of the American Legal System (IAALS)

Cases Without Counsel: Our Recommendations After Listening to the Litigants, by the Institute for the Advancement of the American Legal System (IAALS)

Panel Presentation, by Natalie Knowlton, Sara Smith, and John Greacen

 

Unbundling for the NextGen:

Suffolk University Accelerator to Practice Program

Limited Scope Representation Toolkit, by the Chicago Bar Foundation

2016 Comprehensive Survey of Lawyer Incubators

Court to Court: Limited Scope Pro Bono Representation for Pro Se Litigants

Indiana Pro Bono Clinic Descriptions

Luz Herrera Presentation

Monica Fennell Presentation

 

Perspectives from Practitioners:

Providing Civil Legal Services to Moderate Income People, by Wayne Moore

Successful Business Planning: Representing the Moderate Income Client, by the Colorado Bar Association

Unbundling Legal Services Toolkits, by the Institute for the Advancement of the American Legal System (IAALS)

Less is More: Unbundling Legal Services and Expanding Your Practice Using Limited Scope Representation, webinar featuring M. Sue Talia

Reinventing the Practice of Law Chapter 1 - Limited Scope Representation, by M. Sue Talia

Notice of Limited Scope Rep. – Attachment 3i to Form FL-950

Revised Notice of Limited Scope Rep. – Form FL-950

Notice of Limited Scope Rep.

Introduction to Notice of Limited Scope Rep.

Application to be Relieved as Counsel – Form FL-955

Woody Mosten’s “Take the Quiz: Is Unbundling Right for You?”

Woody Mosten’s “Unbundled Service to Enhance Peacemaking for Divorcing Families”

Woody Mosten’s ABA Family Advocate article – A Guide to Working with your Spouse’s Lawyer

Woody Mosten’s Unbundling Legal Services in 2014: Recommendations for the Courts

Panel Presentation, by Forrest Mosten, Elizabeth Scheffee, Wayne Moore, and Keri Coleman Norris

Wayne Moore Presentation

 

Best Practices:

Building an Effective “Limited Scope” Practice in Maryland Conference

Mediate BC Family Unbundling Legal Services Project

The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants, by Dr. Julie Macfarlane

Alaska Bar Association Unbundling Attorneys List

The National Self-Represented Litigants Project Directory (Canada)

Practical and Ethical Considerations to Integrating Unbundled Legal Services

Oregon Planning Process, by Bill Howe

Legal Coaching, by Dayna Cornwall

What Judges Need to Know About Unbundling, by Judge Taubman

What Lawyers Need to Know about Unbundling, by Judge Taubman

Colorado Roadshow, by Judge Taubman

 

Collaboration: Where are the Opportunities:

Unbundling: The Bridge between Going it Alone and Full Representation, by Will Hornsby, ABA Bar Leader

Unbundling Legal Services in 2014: Recommendations for the Courts, by Forrest Mosten, ABA The Judges' Journal

A judge’s view on the benefits of ‘unbundling’, by Judge Mark A. Juhas, California Bar Journal

The Self-Help Center Census: A National Survey

“Limited Representation Panel” Statement of Qualifications, by the Contra Costa County Bar Association

Comments to the ABA Commission on the Future of Legal Services, by the American Association on Law Libraries

The Future of the Legal Industry is Now (ARAG)

Contra Costa County Bar Association Lawyer Referral & Information Service

The Judiciary, by Judge Fein

Prepaid Legal Services, by Nicolle Schippers

Lawyer Referral Services, by Theresa Hurley.

 

What if? Technology:

Delivering Unbundling Resources Over the Internet: Best Practices, by Richard Granat

Using Technology to Unbundle Legal Services, by Stephanie Kimbro

AI is doing legal work – But it won’t replace lawyer, yet, by The New York Times

Unbundled Legal Services: Ethics & Best Practices, online course by Richard Granat

Series of articles on Unbundling Legal Services by Richard Granat:

Artificial Intelligence, by Abhijeet Chavan

Virtual Advice, by Esther Sirotnik

Legal Services Market, by Richard Granat

Online Document Preparation, by Tony Lai

 

Decision Makers and Enabling Rules:

ABA Rule 1.2: Scope of Representation & Allocation of Authority Between Client & Lawyer

ABA Rule 6.5: Nonprofit & Court-Annexed Limited Legal Services Programs

Chart showing state adoption of 1.2c

Chart showing state adoption of Rule 6.5

White Paper on Unbundling (August 2014)

ABA Unbundling Resolution and Report (February 2013)

ABA Formal Opinion 07-446 (2007)

Practical and Ethical Implications to Integrating Unbundled Legal Services, by the Colorado Bar Association

Risk Management Practice Guide

Panel Presentation, by James Coyle, Will Hornsby, Danielle Hirsch, Heather K. Kelly, and Brittany Kauffman

 

Finding Your Community:

Crawling, Walking, Running

Finding Your Community Parameters

 

General Resources on Unbundling:

The Honoring Families Initiative of the Institute for the Advancement of the American Legal System (IAALS)

The Unbundling Resource Center of the American Bar Association Standing Committee on the Delivery of Legal Services

Unbundled legal services, also called limited scope representation, is a service delivery model that holds promise for the growing numbers of self-represented litigants. IAALS has taken an advocacy...