1. Limited Scope Representation By M. Sue Talia

2. What it Isn’t Limited liability Limited liability Second class practice Second class practice Unethical Unethical Inherently dangerous Inherently dangerous Just about poor people Just about poor people Good for every case Good for every case Good for every issue Good for every issue Good for every client Good for every client

3. What it Is Quality practice of law Quality practice of law An attorney-client relationship An attorney-client relationship Limited Scope Limited Scope Ethical Ethical Safe Safe A Profit Center A Profit Center

4. Why Now? Overwhelming need demands innovation in practice Overwhelming need demands innovation in practice Inability of traditional models to serve vast pools of potential clients Inability of traditional models to serve vast pools of potential clients Consumer demand for affordable legal services Consumer demand for affordable legal services Court need for intelligible pleadings and procedural assistance for pro se litigants Court need for intelligible pleadings and procedural assistance for pro se litigants

5. Topics to be Covered Ethical issues Ethical issues Malpractice issues Malpractice issues Best Practices Best Practices Turn-key office intake and risk management materials Turn-key office intake and risk management materials Practical problems Practical problems Marketing Marketing

6. Defining the Continuum Wide array of potential services Wide array of potential services Tailored to each case Tailored to each case Tailored to each client Tailored to each client Changes as the case or client’s skill (or lack thereof) evolves Changes as the case or client’s skill (or lack thereof) evolves

7. The Four Basic Ethical Rules (aka No-Brainers) Limitations must be informed and in writing Limitations must be informed and in writing Limitations must be reasonable under the circumstances Limitations must be reasonable under the circumstances Changes in scope must be documented Changes in scope must be documented Clients must be advised on related issues EVEN IF THEY DON’T ASK Clients must be advised on related issues EVEN IF THEY DON’T ASK These duties are NON-DELEGABLE These duties are NON-DELEGABLE

8. Tasks and Issues Use your professional judgment Use your professional judgment Do a thorough intake Do a thorough intake The most common: The most common: Document assistance Document assistance Procedural assistance Procedural assistance Strategy and advice Strategy and advice Attending the occasional hearing Attending the occasional hearing

9. Client Selection The Poster Child The Poster Child The Unbundled Client from Hell The Unbundled Client from Hell Everyone in between Everyone in between

10. Going to Court The Unbundled Lawyer’s Greatest Fear The Unbundled Lawyer’s Greatest Fear Getting In Getting In Getting Out Getting Out

11. Malpractice Issues Remember the four No-Brainers Remember the four No-Brainers Document your file Document your file Checklists are your Best Friend Checklists are your Best Friend Use good judgment in defining the scope Use good judgment in defining the scope NEVER step outside the bright line box without drawing a new bright line box NEVER step outside the bright line box without drawing a new bright line box Tailor and use the Risk Management Materials Tailor and use the Risk Management Materials

12. The Risk Management Materials Your Ticket to a Good Night’s Sleep (Courtesy of the California Commission on Access to Justice)

13. Client Handouts and Resources Client handout describing limited scope (remember No-Brainer #1?) Client handout describing limited scope (remember No-Brainer #1?) MapQuest directions to court, self help centers, law library, any other regularly used resources MapQuest directions to court, self help centers, law library, any other regularly used resources Handouts re common issues such as dividing furniture, severing joint tenancies, etc. Handouts re common issues such as dividing furniture, severing joint tenancies, etc. Common sense web sites relevant to your practice (e.g. divorceinfo.com) Common sense web sites relevant to your practice (e.g. divorceinfo.com)

14. Re-Drawing the Box New issues New issues “Help! This is harder than I thought!” “Help! This is harder than I thought!” Expanding the scope Expanding the scope Reducing the scope Reducing the scope Beware of emergencies, real or imagined Beware of emergencies, real or imagined

15. Practical Issues Dealing with opposing counsel Dealing with opposing counsel Dealing with the courts Dealing with the courts Getting papers filed Getting papers filed New issues pop up like mushrooms New issues pop up like mushrooms Resisting changes in the scope Resisting changes in the scope The revolving-door limited scope lawyer on the other side of the case The revolving-door limited scope lawyer on the other side of the case Service of process Service of process

16. Support Groups Informal support groups with colleagues who unbundle are a boon Informal support groups with colleagues who unbundle are a boon Email, listserves, brown bags, etc. Email, listserves, brown bags, etc.

17. Marketing your Practi$e Brochures Brochures Websites Websites Public Speaking Public Speaking Community cable TV and radio Community cable TV and radio Online yellow pages Online yellow pages Your eternally grateful unbundled clients Your eternally grateful unbundled clients

18. A Final Word Lest the citizenry lose faith in the substance of the system and the procedures we use to administer it, we can ill afford to confront them with a government dominated by forms and mysterious rituals and then tell them they lose because they did not know how to play the game or should not have taken us at our word. Moore v. Price, 914 S.W. 2d 318, 323 (Ark. 1996), Mayfield, J., Dissenting.

19. Q & A

20. My Contact Info M. Sue Talia P.O. Box 2335 Danville, CA 94526-7335 Phone: 925-838-2660 Fax: 925-743-1614 Email: sue@unbundledlaw.org Note: Please put the words “limited scope” or “unbundling” in the subject line to avoid being lost in cyber-space

21. The End