WHAT IS LIMITED REPRESENTATION?
There are two types of representation available to you in your divorce or custody case: limited or full. Limited representation (also called “unbundled services”) is retaining a lawyer on a consultation-only basis. You hire an attorney in much the same way you would for a full representation case, but you represent yourself rather than have an attorney on your behalf.
Full representation attorneys enter their appearance in Court, file everything on your behalf, act as a go-between for you and the opposing party or counsel, mediators, experts and judicial officers. Full representation attorneys attend hearings to represent you. This type of representation is what you most often think of when you think of hiring attorney.
While that representation is incredibly valuable, especially for a high-asset divorce or a complex child custody issue, it can also be expensive. If you have a more simple case, whether that is low-asset, separate-asset, or very few child custody issues, limited representation may be more appropriate for you.
When you hire a firm on a limited representation basis, you are hiring an attorney to consult with. This attorney will not be speaking to the opposing party or opposing counsel on your behalf, attending hearings, or filing pleadings. If you have a mediation or a hearing, unless you make other arrangements, you will be on your own rather than have your limited representation attorney with you.
As you proceed through your divorce or custody case, you can call your limited representation attorney at any time to ask questions. He or she can prepare you for the various Court appearances you will make, like the Initial Status Conference and any contested hearings. Your attorney can also help you by reviewing your financial disclosures or even assist you in the drafting process. If you have a complex motion that you wish to file, your attorney can review the motion you have written. In some cases, the attorney can draft the motion for you. Depending on the type of motion, he or she may need to sign the motion to inform the Court that they helped you write it.
Limited representation often requires a lower retainer than a typical retainer. At Palmer Family Law, we have a significantly lower retainer requirement for our limited/unbundled clients than for those that require full representation. This is because the client largely controls how much the attorney works on his or her case. In full representation cases, the attorney has many tasks that are mandated by the law or the judicial officer that he or she has to do no matter what. With limited representation, the attorney is “limited” to the work that the client wishes to engage them for. Many clients elect to complete the financial disclosures themselves and never have their limited representation attorney review them. This is often a significant expense in full representation cases.
You may feel that you have the ability to represent yourself for the majority of your case, but wish to have extra support at mediation. With proper notice to the mediator and the opposing party, you can have your limited representation attorney attend your mediation with you. This gives you the support of legal representation and access to your attorney’s legal prowess without having paid them for the entirety of your case.
If you feel comfortable representing yourself at mediation and do not need help drafting pleadings, you may want to consider a limited representation attorney for the purposes of advising you once you reach a settlement. The attorney can evaluate whether the settlement is favorable to you, and if there are any legal pitfalls or language that you may want to consider including in your agreement.
In the end, it never hurts to have an attorney that you can call to ask a question or run things by – limited representation is the perfect situation for those who want to represent themselves. Chances are, unless you are a family law attorney yourself, a situation will arise during your case that you have not considered or are not prepared to handle. When that happens you will not be scrambling to find, interview and retain an attorney. You will already have an attorney familiar with your case and ready to advise you.
If you are interested in Limited Representation, reach out to discuss rates and see if our firm is the right fit for you.