Better Access through Unbundling
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.
University of Denver
Anderson Academic Commons
2150 E. Evans Ave.
Denver, CO 80210
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.
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.
For more information or assistance with the logistics of this conference (hotel, travel, special needs, etc.), please contact Amy Downing, IAALS Special Events Coordinator, firstname.lastname@example.org or 303-871-6649.
For questions or information about the agenda or program of the conference please contact Janet Drobinske, Legal Assistant, IAALS email@example.com or 303-871-6627.
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
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
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 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:
Limited Scope Representation Toolkit, by the Chicago Bar Foundation
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
Panel Presentation, by Forrest Mosten, Elizabeth Scheffee, Wayne Moore, and Keri Coleman Norris
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
“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 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:
- The Opportunity of Unbundling Legal Services to your Practice
- Unbundling Legal Services: Protecting yourself from Malpractice Claims
- "Best Practices" in Offering Limited Legal Services
- Unbundled Legal Services, the Latent Legal Market
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:
White Paper on Unbundling (August 2014)
ABA Unbundling Resolution and Report (February 2013)
Practical and Ethical Implications to Integrating Unbundled Legal Services, by the Colorado Bar Association
Panel Presentation, by James Coyle, Will Hornsby, Danielle Hirsch, Heather K. Kelly, and Brittany Kauffman
Finding Your Community:
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