Changes

Los Angeles courts have a large, and growing, number
of pro se litigants—individuals who are representing
themselves without a lawyer. The high percentage of
pro se litigants in our legal system places a burden not only
on those litigants but also on the entire court system. Even
the most basic legal issues or concepts can be confusing to litigants who are
unfamiliar with the legal system. This slows down the legal process for everyone
and can be a barrier to reaching a just result in any given case.
Pro bono legal services are one way to reduce the number of unrepresented
parties who cannot afford a lawyer. However, clients of limited means do not
always qualify for pro bono services, and even so, there is not enough free legal aid
to go around. A new trend is to provide legal representation through alternative
arrangements and programs that are affordable to clients of limited means.
One new practice to meet the needs of litigants of limited means is called limited
scope representation, also called “unbundled” or “discrete task” representation,
in which attorneys provide specific legal assistance for a limited aspect or issue in
a case, such as preparing forms or appearing in court for a particular hearing.
Limited scope representation provides legal services to clients of limited means
who cannot afford full representation but who would greatly benefit from legal
counsel on specific aspects of the case. Cases best suited for limited scope representation
include family law cases, which tend to involve a high number of litigants
with limited means.
LACBA’s Lawyer Referral Service (LRS) is promoting limited scope representation
through an advertising campaign and information posted on its website. LRS is
the first lawyer referral service in the United States to provide legal referrals and
free legal information to more than 100,000 people each year. Under the leadership
of director Seth Chavez, LRS is taking creative steps and supporting new initiatives
to serve its members and expand access to justice in Los Angeles County. These
initiatives are in consultation with LACBA’s Access to Justice Committee, whose
mission is to expand the delivery of legal services to the poor in Los Angeles County.
In addition to promoting limited scope representation, LRS has also created a
new limited experience panel, which is an incubator project that allows less experienced
lawyers to receive client referrals. Panel members will be matched with
limited means clients who are litigating basic legal issues. The limited experience
panel will give new lawyers an opportunity to gain experience, while also providing
greater access to legal representation for those of limited means. A win for new
lawyers seeking experience and work, and a win for pro se litigants who are lost in
the mire of litigation.
In April, LRS is also planning to launch a flat fee program that will allow clients
to pay an affordable lump sum amount for discrete legal tasks, such as filing for a
simple divorce, trademark filings, or forming basic corporate entities. LRS plans to
add additional tasks as the program grows.
These initiatives benefit everyone in the legal process—the litigants of limited
means who otherwise could not afford representation, the new attorneys who are
given the opportunity to broaden their experience and client base, and the courts
by making the court process run more efficiently. And of course, win or lose, the
end result is justice for every litigant.
n
Donna Ford is a retired Assistant United States Attorney.
6 Los Angeles Lawyer April 2016