Posts in category General

Unbundled Services

Mar04
2011 Written by Chris

Typically when you hire an attorney, you are paying them for a bundled service. Say for instance you hire an attorney to represent you during your divorce. Your attorney may represent you from the point you first file until you receive the final court order. This would be considered a bundled service because your attorney is performing a variety of services for you all connected to your divorce, from filing paperwork to making court appearances. The benefit to this is you have someone representing you at every step but the downside is the cost.

On the other hand you may have decided to represent yourself in your own divorce or other family law matter. The Superior Court recognizes that many people do in fact represent themselves and has created a fairly comprehensive Self Service Center. The Self Service Center does not offer legal advice, but it does provide a variety of court approved documents and corresponding directions that make life much easier for the self represented litigant. However, these documents are geared towards typical cases and do not offer much room for deviation. Often times the self represented litigant will be faced with a situation that is not covered by a standard form.

An attorney who offers unbundled services is willing to do work for you in parts. Perhaps you simply want someone to draft your petition and you want to handle the rest, or maybe you are stuck on a particular issue that you need help with but cannot afford to hire an attorney to represent you. Unbundled services are a way for you to keep costs down but get help when you need it. Unbundled services offer you a lot of variety. You can hire an attorney to only draft a single motion, or you could even hire an attorney to draft all of your documents while you make the court appearances. You and the attorney you choose can arrive at a position that works for both of you.

Mediation

Mar04
2011 Written by Chris

Mediation is a method of alternative dispute resolution, or ADR. ADR is a general name encompassing different ways of resolving conflict outside the courtroom. Mediation is the most common form of ADR used in the context of family law. Mediation is a process involving a neutral party, the mediator, and the parties to the case. Attorneys may or may not be present. The mediator works with the parties to help identify the important issues in the matter and arrive at a solution together. Mediation is not about deciding who is right or wrong. It is about reaching an agreement both parties can work with.

Why use mediation?

  • It is quick. Mediation takes less time than going to court for two reasons: First, the court calendar is incredibly overwhelmed and you will wait months for your day in court. Two, actually putting both parties in a room together with the ability to arrive at a solution brings resolution much more quickly than sending letters back and forth through attorneys.
  • It is less expensive. Litigating a case is costly. With mediation, a matter can often be resolved in a matter of hours rather than months.
  • The parties are more likely to conform to the agreement. Nobody likes being told what to do and that is exactly what happens in court – a judge tells you what to do. In mediation, both parties reach an agreement together and because each party participated in crafting that agreement, the parties are more likely to adhere to the terms of the agreement.

Attorney v. Document Preparer

Mar04
2011 Written by Chris

The perceived cost of an attorney can make a document preparer seem like an attractive alternative, but there are some major differences between a document preparer and an attorney. A document preparer is not required to have any legal training, and the courts prohibit document preparers from giving legal advice. If a document preparer does offer egal advice, they may be engaging in the unauthorized practice of law. If you receive bad advice, you have little recourse, as you cannot complain to the State Bar, and the document preparer probably does not have professional liability insurance. The typical document preparer has never litigated a case and rarely if ever set foot in a court room. Finally, ask yourself this: How can someone who has little or no legal training and who is prohibited from giving legal advice draft a document that applies the law to your unique situation?

A document preparer may be appropriate for some situations, and someone familiar with the type of documents being prepared may be better than trying to understand and complete completely unfamiliar documents, but one should keep in mind the limitations within which a document preparer may work.

We work very hard to provide high quality legal services that are priced very competitively to services provided by non-lawyers. If you have sought us out, you are dealing with important issues in your life. Trust us to assist you.

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