“Unbundled legal services” is simply a way of describing how lawyers can

represent clients in a limited manner. Traditionally, if a lawyer represented you for a part

of a court proceeding, the lawyer had to represent you for the entire proceeding. The net

result of this professional rule which the lawyer was required to follow was to force

clients to have a lawyer represent them in giving advice and going to court as well. This

resulted in great expense to clients.

Some  people receive the benefit of legal advice in the drafting of documents and the

 preparation of their cases for court presentation without

the necessity of paying a lawyer to go to court with the client. In many cases this will be

of great assistance to litigants by helping them better resolve their cases without facing

attorney fees which would make any legal assistance unaffordable.

Under the new “unbundling” rules a lawyer can limit the scope of his or her

litigation representation of a client. In order to do so, however, the lawyer must do

certain things.( Journey says, please note that there are no unbundling "Rules" as such in the Family Court .We follow a good deal of these rules as they apply to Australoia however)

First, the lawyer must explain to you the risks and benefits of limited

representation. The lawyer must also provide you meaningful legal advice. In doing this,

however, the lawyer can rely upon your representation of the facts and the scope of the

representation that you and the lawyer have agreed upon. The only exception to this

general rule is in those situations where the lawyer has reason to believe that the pro se

party’s factual representation is false or materially insufficient. Then the lawyer must

conduct an independent investigation.

This is significantly different from cases where a lawyer appears for you. In

those cases, when the lawyer signs a pleading on behalf of a client, the lawyer is

representing to the court that he or she has sufficiently investigated the case and the

assertions being made in the pleading have a reasonable, good faith basis in fact. A

lawyer in making this representation cannot exclusively rely on what you told the lawyer.

Additionally, the lawyer who provides limited representation to a party

must also disclose his or her name, address, telephone number and attorney registration

number on the documents the lawyer prepared unless the lawyer is filling out pre-printed

or electronically published forms that are issued by the court or approved by the Colorado

Supreme Court.( Journey says Similarly in Australia we must reveal our Solicitor firm niumber and details on documents we prepare.)

Usually when a lawyer’s identifying information appears on a pleading, if another

lawyer represents the other party, the other lawyer cannot deal directly with you.

However, if the lawyer you have chosen is simply supplying limited representation to

you, the other lawyer can deal directly with you unless the lawyer you have chosen

appears in court with you or formally enters an appearance as your lawyer in the case.

If you elect to use “unbundled” or limited representation services, you need to be

aware that this also results in the lawyer having limited responsibilities to you and may

result in the lawyer having limited liability to you. Accordingly, you should make sure

that the you have the lawyer thoroughly explain the consequences, scope and drawbacks

resulting from limited representation. The lawyer is required by the rules regulating

lawyers to do this.

Whether and how you use a lawyer’s services is an extremely personal decision.

You are the only one who can decide whether you are confident enough of your abilities

to appear in court and represent yourself. However, there are certain common sense

considerations which might help you make the right decision for you and your case.

First you should consider whether or not a lawyer is even permitted to appear in

court with you. If you are the plaintiff in small claims court and the other side is not

represented by a lawyer, you cannot have a lawyer appear in court with you. This does

not mean that you cannot speak to a lawyer before you file the case or go to court, but

you cannot have a lawyer appear in court with you.

Second, consider how complex your case is. Is it a simple matter, such as a name

change request where nobody is likely to appear in court opposing your request or is it a

complicated action related to allocation of parental responsibilities or civil case? The

more complicated the case, the more likely that you will need a lawyer.

Third, consider your own personal make-up. If you have trouble speaking in

public, in speaking clearly, in organizing your thoughts and presenting them to others in a

way that they understand you or if you have difficulty understanding what is happening

in your case, then you may have a greater need to hire a lawyer to speak for you.

Remember, if you appear in court without a lawyer, the judge cannot show

favoritism to either side and is likely to hold you to the same rules that lawyers use. In a

complicated case this may make it very difficult or even impossible for you to present

your best case.

Fourth, weigh the cost of having a lawyer against what you have to lose if things

do not go your way in court. Sometimes the money you spend on legal help today will

save you much more money in the future.

These are only some of the things that you may want to consider in deciding

whether you hire a lawyer. You might want to simply speak to two or three attorneys

before you make a final decision.

There are a number of ways that you can find a lawyer. You can ask a friend or

family member for a referral.

You can use the existing lawyer referral services and legal service providers

which can be found at the Seventeenth Judicial District web site. The web site can be

located at www.17thjudicialdistrict.com.