New Toolkit from Chicago Bar Foundation Equips Attorneys to Offer Unbundled Legal Services
Illinois, like many other states, sees a high number of self-represented litigants in its trial courts. Many people navigating the courts without help fall into the not-so-sweet spot of earning too much money to qualify for limited legal aid and pro bono resources, but not enough to hire a traditional lawyer. As a result, they’re faced with the daunting task of going to court with no assistance at all—a strain not only on litigants, who are often unfamiliar with the complex processes and tasks associated with pursuing a case in trial court, but on courts as well.
There are many solutions in play to address this prevalent issue. From the attorney side, limited scope representation—or unbundled legal services—allows attorneys to assist litigants with parts of a case, rather than the entire case from start to finish. This model of service delivery can drive down costs for litigants and give them more flexibility and control over their legal issues. To facilitate this access to justice solution, the Chicago Bar Foundation has put together a new toolkit for Illinois attorneys who would like to offer unbundled legal services to potential clients with civil matters in trial court.
The toolkit helps attorneys to determine whether or not a litigant is a good candidate for unbundling, providing questions such as Does the potential client have realistic expectations about their ability to handle all or parts of the case on their own? and Is the potential client capable of appearing independently in court? The toolkit also contains talking points for attorneys when discussing unbundling with potential clients, including the differences between limited scope representation and full representation, how tasks will be divided up between attorney and client, and how changes in scope of representation will be documented.
Other practical materials in the toolkit include:
- An engagement agreement for legal services and disengagement letter for when the representation is complete
- A notice of limited scope appearance and notice of withdrawal of limited scope appearance
- Various court forms
Should a litigant be a good candidate for unbundling, attorneys can further utilize the toolkit to help with providing legal advice during a one-time consultation, drafting and/or reviewing documents for a self-represented litigant to file themselves, or coaching a self-represented litigant on presenting their case in court.
IAALS has several similar toolkits aimed at advancing the implementation of unbundled legal services in state family courts, including:
- Unbundling Legal Services: A Guide for Consumers, which is designed for parents seeking affordable legal assistance in family separation cases;
- Unbundling Legal Services: A Guide for Non-Legal Professionals, which gives non-legal professionals information about the benefits of unbundled legal services and alternative processes that families can take;
- Unbundling Legal Services: A Guide for Lawyers, which amasses helpful resources into an easily accessible Frequently Asked Questions format, centered on the fundamentals of unbundled legal services; and
- Unbundling Legal Services: A Toolkit for Court Leadership, which provides judicial leaders quick access to information on unbundled legal services and ways to promote its availability and use.
Access-to-justice solutions have taken on a new urgency in the wake of the COVID-19 pandemic, as courts face unprecedented case backlogs and citizens experience a wave of pandemic-related legal issues. In that vein, the Chicago Bar Foundation—along with IAALS, the ABA Standing Committee on the Delivery of Legal Services, and the Self-Represented Litigation Network (SRLN)—are hosting Unbundled Legal Services in the New Normal, a three-day virtual conference focusing on the major hows and whys of supporting and implementing the practice of unbundled legal services both during and after the pandemic.
This three-day event will provide a forum for stakeholders to share their perspectives, get better insights into collaborative roles, and learn about best practices to advocate for unbundled legal services. The conference is free and CLE credits will be available. Register today in order to learn about how unbundling can transform law practices, courts, and outcomes for litigants.
