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Unbundled Legal Representation in Family Law: Ethically Managing the Challenges Sheena Benjamin-Wise, Esq. and Hilary Creary, Esq. Benjamin-Wise Creary,

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Presentation on theme: "Unbundled Legal Representation in Family Law: Ethically Managing the Challenges Sheena Benjamin-Wise, Esq. and Hilary Creary, Esq. Benjamin-Wise Creary,"— Presentation transcript:

1 Unbundled Legal Representation in Family Law: Ethically Managing the Challenges Sheena Benjamin-Wise, Esq. and Hilary Creary, Esq. Benjamin-Wise Creary, PLLC. Nova Southeastern University Shepherd Broad College of Law

2 DEFINITION OF UNBUNDLED SERVICES O Fla. Bar Family Law Rules of Procedure 12.040 O American Bar Association http://apps.americanbar.org/legalservices/ delivery/delunbundlimited.html http://apps.americanbar.org/legalservices/ delivery/delunbundlimited.html O

3 HISTORY OF LIMITED REPRESENTATION O Public Need O Financial Limitations O The Florida Commission on Access to Civil Justice: http://www.flaccesstojustice.org/http://www.flaccesstojustice.org/ O Unrepresented Parties O Child Support O Paternity

4 LAWYER’S DUTY O Client understanding of Scope of Representation O Abide by Client Decisions O Empowering client to make decisions O Scope of Representation to Opposing counsel O Candor to the Court

5 LIMITED NOTICE OF APPEARANCE O Engagement and Representation letters O Required Pleadings and Forms O Consent for Limited Appearance O Termination of Services and Withdrawal

6 CONFLICTS OF INTEREST Current Clients Prohibited and Other Transactions O Adverse Interests O Informed Client O Explanation to Client O Relationship O Multiple Clients

7 CHALLENGES OF LITIGATION Represented Unrepresented O Fla Bar Rule 4-4.2 O Fla Bar 4-4.3

8 Marital and Family Law and Unbundled Services O Dissolution of Marriage O Collaborative Dissolution of Marriage Matters O Paternity Actions O Pleadings O Mediation O Deposition O Hearings

9 CONSIDERATIONS O Training for Attorneys O Ghostwriting Pleadings and Documents O Coaching O Malpractice Insurance

10 Questions and Answer

11 CONCLUSION BENJAMIN-WISE CREARY, PLLC. 2335 Atlantic Blvd. Suite 406 Pompano Beach, Fl. 33062 Tele. (954) 783-9737 sbwise@wiselawoffice.com hilarycreary@wiselawoffice.com www.wiselawoffice.com


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