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UnBundling is becoming more and more popular internationally as clients demand and lawyers begin to embrace creative new, more affordable models for the delivery of legal services.
But, lawyers' apparent reluctance to take (what many perceive to be) a risk - by allowing clients to retain ultimate control of their legal matter - remains a major barrier to the growth of 'limited service retainers' and the public's access to affordable legal assistance more generally.
limited service retainers attract fewer complaints because clients tend to be more satisfied
UnBundled legal services are a "solution to the complex issue of access to justice" says legal risk management specialist LawPRO (the author of this excellent guide for Canadian lawyers considering 'UnBundling' their practice).
UnBundled legal services typically involve; CONSULTATION and/or DOCUMENT PREPARATION and REVIEW and/or LIMITED REPRESENTATION/ADVOCACY
LawPRO says the perception of risk associated with UnBundling is not supported by evidence, which suggests to the contrary that lawyers offering limited service retainers attract fewer complaints because clients tend to be more satisfied - with the lower prices typically associated with UnBundled services, and for having had a greater sense of control over their legal affairs.
Communication issues, according to the New Zealand Law Society's 2015 Annual Report, account for four of the top 10 "types of complaint" made about lawyers each year.
The most common communications-related complaints relate to allegedly inadequate reporting of work done and tasks undertaken by lawyers for their clients. Complainants can also report feeling misled by their lawyer, if the lawyer fails to fully explain their role and responsibilities, and perhaps most importantly their charge-our rates.
YourLaw is collaboration platform designed to improve communication between lawyers and clients.
Letters and terms of engagement (retainers) assume even more importance than usual when a lawyer is providing limited legal services.
The exact scope of the Agreement for limited legal services - specifically what tasks the lawyer is and is not responsible for undertaking - must be clear and unambiguous.
It is essential that clients fully understand and consent to any Agreement for limited legal services.
The following are tips from Canada's LawPRO for lawyers who want to UnBundle without risk. The YourLaw platform has been designed around these and similar risk-reduction strategies that let lawyers maximise the value of their experience and expertise for the benefit of their clients.
1. "Identify the discrete collection of tasks that can be undertaken on a component basis."
YourLaw's client issue intake and provider matching processes streamline lead generation and initial legal triage. We ask clients what they want, and help them figure out what they need, so when we connect them with you, you are both "on the same page" with regard to what services are sought and what tasks need to be done.
2. "Confirm the scope of the limited retainer in writing."
YourLaw lets clients work with lawyers to create limited service retainers that "live" securely and privately online. An intuitive user interface and accessible design displays, for you and your client, the important terms of the limited service Agreement, including; limits on liability, allocation of tasks/division of labour, and terms detailing the termination of the retainer. Because these digital retainers are "living" and archived, it's easy for lawyers and clients to agree on changes or update versions of the Agreement.
3. "Clearly document work and communications."
YourLaw securely documents and archives web-based communications between lawyers and their clients, offering both the added security of a 'paper trail' record of transactions. Task and time management software designed specifically for project-based collaboration helps lawyers and clients keep track of progress, appointments and important dates.
With the right tools, UnBundling is a risk-free, innovative solution to many clients' inability to afford full service legal assistance.
YourLaw makes the creation and management of limited service retainers easy, offering both providers and consumers an internationally unique, easy-to-use and access-to-justice-enhancing communication platform. Connect, create and collaborate in an entirely new way.
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