Lawyers are expensive. Lawsuits are expensive. But it is sometimes more costly in the long run not to have legal counsel.
This is certainly a statewide problem but also affects La Plata County, as approximately 70 percent of civil cases are filed pro se, meaning without an attorney. The Colorado Supreme Court is trying to rectify this access-to-justice issue with two approaches: unbundled legal services and modest means representation.
The concept of unbundled legal services, also referred to as limited scope representation, allows an attorney to handle only part of a case if that limitation is reasonable and consented to by an informed client. Usually, a lawyer would provide all legal services in a case, the entire “bundle.” With unbundled legal services, the attorney participates in only a discrete part of a case. For example, if a client wants general information about the law in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief telephone or office consultation so long as the client receives adequate information to be able to address the issues.
Or in an eviction proceeding, referred to as a forcible entry and detainer action, there are two parts to the legal process; a hearing for possession and a subsequent hearing about damages, or who owes who money. Under a limited scope agreement, an attorney could appear for a client just for the hearing on possession and not be the attorney of record for the hearing on damages if one should be set. Or the attorney can give advice in her office about what the tenant needs to rebut or argue with regard to the damages to the premises, rent paid or the security deposit and then the tenant can represent herself in court armed with the knowledge of the relevant issues.
This type of representation can limit the expenses for the client while ensuring the court receives information about the relevant issues to be decided. Hopefully, the client will feel that he or she is able to negotiate the justice system with fairness and an opportunity to be heard.
Also, an attorney can write a legal document to be filed with the court so long as that assistance is reflected in the pleading to be filed. A client who is being sued can take the complaint to an attorney and ask the attorney to draft an answer to be filed with the court. So if a person receives a legal document and is unsure of how to proceed, an attorney can provide limited and general information about what to do next. The attorney can also provide information to the client about the legal theories and defenses in the lawsuit so the client can make an intelligent and informed decision about the need to hire an attorney for complete representation for the entirety of the case.
All limited scope agreements should be in writing so both the attorney and the client are clear on the scope of representation. No one wants to be surprised in court about what is being covered. This would also avoid a misapprehension that the attorney would be representing the client in court when the attorney believes the drafting of pleadings and imparting information were all the services to be provided. As is a standard maxim in legal matters, get it in writing.
The other avenue for access to justice supported by the Supreme Court is the development of the Modest Means attorney list. This list contains the names and telephone numbers of attorneys in our community who are willing to work for a reduced rate on certain types of cases. These attorneys are also willing to provide the unbundled legal services mentioned above. The list of modest means attorneys is being updated currently and will be available by Aug. 1. The list can be picked up at the pro se litigation coordinator’s office, as well as local agencies such as the Women’s Resource Center, Colorado Rural Legal Services, Alternative Horizons, the Family Centers and local libraries. Please be aware this list is not an endorsement or recommendation of any of the listed lawyers (this wouldn’t be a legal article without a disclaimer), but the list may provide some direction on who to contact.
There are some types of cases that really do require legal expertise and should be handled fully and completely by an attorney. However, a number of cases can be addressed with coaching and guidance from an attorney or else with the attorney litigating part of the case and the party the remainder. Also, many pleadings are more easily prepared by an attorney with full disclosure and then filed by the party.
The justice system can be complex and intimidating, and these two avenues to legal representation allow litigants to litigate with confidence they understand the process while also limiting the expense.
Martha Minot is the current La Plata County Court judge. For more information about unbundled legal services and modest means representation, contact La Plata County’s pro se litigation coordinator Lindsey Patterson at 385-6179.
