first national conference on "unbundled" legal services took place on
October 12-14, 2000, in Baltimore, Maryland. Workshop topics and many of the
materials distributed at the conference are available.
Practice and Pro Bono Opportunities-This
workshop focused on various ways that the provision of unbundled legal services
can be rendered pro bono by attorneys to increase access to justice for
low-income people, with emphasis on coordinating with court-sponsored assisted
pro se projects, working with mediation projects, and traditional pro bono
Presenters: Pam Ortiz, Sharon Goldsmith, Rachel Wohl
Counseling & Ghostwriting: Lamaze Meets the Practice of Law- A hands-on workshop complete with checklists, forms and retainer
agreements to ensure that your unbundled practice is efficient, economical and
doesn't run afoul of ethical considerations. Included practical tips on where to
draw the line and how to spot the Unbundled Client from Hell.
Presenters: Sue Talia, Lee Borden (see also www.divorceinfo.com, copyright 2000 divorceinfo.com)
2000 - Outcomes and Recommendations on Limited Representation Issues The
ABA Center for Professional Responsibility sponsors a Commission on the
Evaluation of the Rules of Professional Conduct, or Ethics 2000, is
charged with: 1) conducting a comprehensive study and evaluation of the ethical
and professionalism percepts of the legal profession; 2) examining and
evaluating the ABA Model Rules of Professional Conduct. This workshop offered an
update of the status of the Ethics 2000 initiative with commentary on issues
specifically related to nonprofit legal service providers.
Presenters: Will Hornsby, Alan Houseman
Your Law Practice: Use the Web to Develop an Unbundled Law Practice A nuts and bolts session for private
practitioners and others interested in ideas on how to approach re-thinking the
solo and small firm practice. The presenters will offer a variety of approaches
and options including participation in on-line networks.
Presenters: Greg Siskind, Peter Jaffee, Robert Cleaves, Kenneth Carson, Adam Gutride
Legal Services and Family Law: Make it Work in a Holistic Context An in-depth look at a private practice approach to working with
the other professionals to address the needs of the whole client.
Future of Elder Law and Unbundling
Stuart Cohen, Stephanie Edelstein, Mary Helen McNeal,
Models of Unbundled Practice: Pioneers in the Field
show and tell session from some of the pioneers in the art of client
coaching, transforming a litigation practice to a mediation-based practice,
looking at collaborative and holistic approaches as well as developing client
libraries and negotiating with clients for unbundled services.
Weldon, Barbara Shea, Forrest Mosten, Lee Borden
(see also www.divorceinfo.com,
copyright 2000 divorceinfo.com)
the Courts - Court Rules, Trends, and Issues -
Presenters: John Greacen, James McCauley, Lynda Shely
Ethically: Hypotheticals for Lawyers/Court Personnel
National Look at the Status of Pro Se Litigation and Court Planning The American Judicature Society reports on the status of pro se court
initiatives around the country with a detailed look at the challenges and
successes in Florida and Delaware.
Judith Kreeger, Kate Sampson, Julie Dvorak,
Over the Web: Impact of the Internet on Law Practice This
session will take a broad look at the changing legal services delivery system
with a detailed look at four innovative approaches - Americounsel.com Legalopinion.com USlaw.com
Presenters: Robert Cleaves, Elliot Eder, John Jenkins, Richard Granat, Will Hornsby, Peter Jaffe, John Marencik
the Delivery of Affordable Legal Services Through the Internet: A Blueprint
for the Shift to a Digital Paradigm
By William Hornsby - November
1999 Staff Counsel, ABA Standing Committee on the Delivery of Legal
We Making a Difference? Measuring Outcomes for Limited Services - Project
for the Future of Equal Justice - A number of legal services providers and
funders are developing outcome measures to quantify and analyze the results of
services provided to clients. Measuring
outcomes raises a variety of questions that become particularly difficult in the
context of unbundled legal services, such as defining what a favorable
outcome is, evaluating whether an outcome would have been different with more
traditional legal representation, and contacting clients to determine the
outcome. The presenter will describe the design, outcome measurements
and the results they obtained from the Hotline Outcomes Assessment Study,
followed by discussion about possibilities for using their measurements or
instruments in other contexts.
Presenters: Julia Gordon www.equaljustice.org
Less More? Dispatches from the
Front Lines of Limited Lawyering-
This session describes two models of limited lawyering programs in law schools,
both seeking to expand access to legal services by providing law students with
opportunities to engage in a limited range of lawyering - The "QLaw"
Community Outreach Project and the Public Interest Practicum. The session will
consist of a demonstration and appraisal of some core challenges of teaching and
practicing limited lawyering. Experienced students, law teachers and legal
services lawyers will talk out common concerns arising from providing a limited, 'unbundled' service. How useful, and how limited, is 'limited
lawyering' as a service for low-income clients?
What benefits and risks arise from offering students an experience other than
full representation, whether litigation or transactional work? What do students
learn from leaving the law school and meeting people different both from
themselves and from their 'expected' client? Are any of these experiences
'clinical' in the traditional sense? We hope to suggest some surprising
benefits, clear difficulties, and tentative standards for implementing similar
Alex Scherr, Carolyn Kaas, Susan Nofi-Bendici,
Alexander Scherr, Assistant Professor of Law & Director of Civil Clinics
to this article.
Consumers of Legal Services: Partners as Well as Clients The often forgotten partner in the unbundling of legal services.
Which clients and which cases can and should be handled pro se? What obligations
do we have to consumers in an evolving delivery system? What tools are at hand
(or need to be developed) to assure that the changing legal practice best
serves the public?
Presenters: Mike Millemann, Sue Talia, Ayn Crawley
Public Consumers of Legal Services by Sue Talia
Does the Practice of Law Begin in a Changing Information Environment?
Presenters: John Greacen, Alan Houseman, Kenneth Carson
New Marketplace: Lawyers Bidding on Legal Cases A
look a new approach to matching clients
with lawyers a dot com model and a nonprofit approach. The session
will provide ideas for possible private nonprofit partnerships.
Wayne Moore, John Jenkins, Adam Gutride, Michael Cane
Approaches to LawyeringPreventive Law, Collaborative Law - Holistic Law-This
workshop presents three emerging approaches to legal practice that focus on the
use of diagnostic evaluations, planning, alternative dispute resolution, and
partnering with other professional services.
Johnpeter Weldon, Ron Supancic, Tom Barton, Robert
Law Schools and the Changing Practice of Law-This workshop discussed the need for law schools to respond to current trends in the practice of law including changes brought about by technology, demographics, and the ever decreasing access to justice of low and moderate income individuals. It will
(i) discussed ways that law schools can educate students about alternative approaches to making legal services available, including alternatives to full representation models;
discussed the role that law schools might play in rigorously assessing the
comparative effectiveness of various models; and (iii) examine some of the
challenges to law schools making these changes.
Charn, Deborah Howard, Alizabeth Newman,
in Family, Workplace, Business and Community Issues
Presenters: Rachel Wohl, Louise Phipps Senft, J. Michael McWilliams, Lorig Charkoudian, Marvin Johnson
Resolution Online - Models, Trends and the Roles of Lawyers
Presenters: Forrest Mosten, Clyde Long, Charles Brofman
Reaching Low and Moderate
Income Person Over the Web: Recommendations to the Open Society Institute
Advice and Intake - Evolving Models and Ethical Obligations
Alan Houseman, Neil Ruther, Wayne Moore, Michael Cane
Roles in the Mediation Process-This
workshop will discuss and analyze the various roles performed by lawyers in
mediation and skills required for such servicese.g., mediation, legal
counsel, drafting, review of draft agreements, representation in mediation, etc.
The workshop presenters are outstanding lawyer-mediators and mediation
Phipps Senft, Franklin Garfield
Bedfellows: Integrating Unbundled Practice with Courts and Bar Associations -
Sue Talia, Judge Elaine Moriarty, Judge
New Wave: Visions of Unbundling A
free ranging look at the myriad possibilities now and in the future for a
transformed legal system. Serving coffee and counsel anytime access to legal
help substituting bytes
for atoms in the legal arena law firms as information businesses -
consumer driven trends in a digital world new roles for non-attorneys
in assisting the public to gain
access to legal help.
Presenters: Ralph Warner, Jeffery Hughes, Richard Granat
You and Your Practice Ready to be Unbundled?
how to session by one of the pioneers in developing an unbundled law
practice. The presenter will discuss negotiating with the client using a menu
of services approach, how to determine if this type of practice suits you, how
to set up and manage an unbundling law office plus tips on marketing to
Presenter: Forrest Mosten
of Legal Services and the Clinical Experience This program will start with
a discussion of the definition of unbundling, concentrating primarily on issues
relating to clinic students and to legal services organizations and the courts.
The program will also review a number of different models for unbundled practice
in these contexts.
Oro, Dana Harrington, Nathaniel Nichols
Up Legal Practice on the Web: An Open Code Approach to Web-based Legal
Practice-The workshop will summarize an open code approach to
web-based legal practice support that is being pursued at AmeriCounsel (www.Americounsel.com)
and raise some of the challenging technical and strategic issues involved. We
will also review the recommendations to the ABA regarding an open source
standard for the legal community. A growing community of commercial and
not-for-profit entities are using the web to deliver interactive systems that
make practical legal knowledge more accessible to those who need it, both in
self-help and advocate-mediated contexts. These efforts will be greatly aided by
evolving shared standards of practice systemization, whereby disparate practice
tools (online interviews, document assembly, intelligent checklists, expert
systems, etc.) and disparate ways of structuring case information can be made
interoperable. A common framework for describing the structures of data and
rules that underlie todays emerging legal technologies will help catalyze an
explosion in useable online resources, which will further enable radical
improvements in the affordability and accessibility of legal services.
Presenter: Marc Lauritsen
XML: Will the Law Tag Along? by Alan J. Rothman and Marc Lauritsen [Copyright 1998; A version of this article appeared in the National Law Journal, February 1, 1999]
and Managing Statewide Unbundled Legal Services Delivery Systems-This
workshop will discuss the process of stimulating the development of unbundled
legal services in a state, and how such services can be incorporated in such
systems as legal aid, lawyer referral, court-provided assisted pro se, and
others to improve and expand civil legal assistance to low and moderate income
persons. The workshop presenters include senior state IOLTA program
directors (past presidents of the National Association of IOLTA Programs),
hotline directors and persons with experience managing unbundled services.
Presenters: Robert Clyde, Kari Deming, Robert Rhudy and Gabrielle Hammond
and Professionalism: A Comparative Analysis of Unbundling Issues in Different
Contexts- This panel will provoke a lively debate by canvassing the ethical
and professional issues raised by limited legal assistance, analyzing how
different contexts might affect those issues, and raising the explicit question,
Are more unbundled services necessarily better?. The contexts we
will consider include court-based assistance programs using lawyers and
nonlawyers, legal services offices, law school clinics and private law offices
charging a fee for the limited service. We will review briefly the existing
ethical rules that touch upon unbundled services, and then turn to ways in which
the professional rules should account better for different contexts.
Beyond what is permissible, what policy considerations should guide our
resolution of broader issues? Is it desirable to seek ways to expand the
provision of limited assistance at the courthouse, to allocate scarce legal
services resources to unbundled services? In the law school clinic
setting, what is feasible and desirable from a pedagogical point of view?
In the private setting, is it desirable to encourage and permit the private bar
to expand its provision of limited services, presumably at reduced fees?
Mary Helen McNeal, Russell Engler, Paul Tremblay