Unbundled Legal Services – The Pros and Cons for Ontario Family Law Clients
Navigating Family law issues in Ontario can be daunting, and potentially expensive. The good news is that the Law Society of Ontario, which is the provincial regulator for legal profession, allows lawyers to offer “unbundled” legal services to the public – also known as “limited scope representation”.
This means that as a client, you pay a family lawyer for only specified tasks, rather than for full legal representation throughout your proceeding. This contrasts with “full-scope” representation, where a lawyer handles every aspect of your case from start to finish.
While this approach can be appealing, it’s important to weigh the pros and cons to determine if it’s the right fit for your situation.
What Kinds of “Unbundled” Legal Services Are Available?
With unbundled legal service you take on the overall responsibility for managing your own case, but a lawyer can agree to perform specific tasks for you. For example he or she can:
- Draft specific documents for you
- Offer legal advice on narrow legal issues
- Represent you at a single court hearing
- Review a particular agreement.
The scope and nature of the tasks the lawyer takes on will depend on your budget, your familiarity with the legal issues and processes, and how comfortable you are with representing yourself on the remaining matters.
Pros of Unbundled Legal Services
- Affordable. Legal fees for full representation can quickly add up, and it can soon become unaffordable for many people. With unbundled services, you control the costs by paying for only what you need. You might pay a lawyer to draft a separation agreement, or attend a single mediation session on your behalf.
- Flexible. With unbundled services, you can decided where you need help. If you’re confident managing certain aspects of your case—like gathering evidence or filing paperwork—you can focus your budget on areas where professional expertise is essential, such as court appearances or negotiating settlements.
- Empowerment. You might be the type who thrives on having control of your case, and learning about the law and legal processes. By hiring a lawyer for only discrete tasks, you can get guidance on the complex or high-stakes part of your case.
- Access to Justice. Unbundled services can be ideal if you cannot afford to hire a lawyer for the full proceedings. It bridges the gap between self-representation and a full retainer.
Cons of Unbundled Legal Services
- Increased Responsibility. If you’re using unbundled services, you have to be prepared to take on more of the legal workload. This includes organizing documents, filing forms, meeting court deadlines, and representing yourself in some court proceedings. If you are not familiar with the Canadian legal system, this can be overwhelming, and can lead to costly mistakes.
- Limited Support. With unbundled services, the lawyer’s involvement is restricted to the agreed-upon tasks. If unexpected complications arise, you may find yourself needing additional help—and paying more. For example, you might hire a lawyer to draft an agreement to cover parenting time, but later require assistance with its enforcement or modification.
- Risk of Miscommunication. A piecemeal approach can sometimes result in gaps in understanding between you and your lawyer. If you’re not clear on the boundaries of the lawyer’s role, you might mistakenly assume they are handling more than they agreed to. Similarly, the lawyer may lack full context if they’re only involved in isolated parts of your case.
- Variable Effectiveness. The success of unbundled services often depends on how well-prepared and organized you are, in the role of client. If you struggle with time management, detail-oriented work, legal research, or presenting your case clearly, then even excellent legal advice may not result in a favorable outcome.
Is Unbundled Legal Service Right for You?
Unbundled legal services might work well for you if:
- You are organized and comfortable handling some aspects of your case
- Your legal issues are straightforward
- You are seeking cost-effective solutions, but still need professional guidance
However, if your case involves complex issues—such as high-conflict custody battles or disputes over significant assets—it may be worth investing in full representation. In these situations, having a lawyer who understands your case from start to finish can prevent costly errors or delays. If you need assistance from a specialized family lawyer in Toronto, please do not hesitate to contact our offices.