To quell ever-increasing numbers of unrepresented persons in courts and administrative hearings, ‘unbundled’ or limited scope retainers are being promoted as one avenue to increase access to justice. While not for everyone, such arrangements are seen as offering people a cost-effective way to obtain legal representation when they do not qualify for legal aid, cannot afford legal representation for their entire matter, or might otherwise choose to represent themselves.
Unbundling involves hiring a lawyer or paralegal for only part of a legal matter. The legal rep is not taking responsibility for handling the whole case. That remains with you, but together, you identify what needs to get done and divide up the tasks between you. You are, in effect, representing yourself for those tasks with your name beside them.
You’re in control of your case — and responsible for it. That doesn’t exempt a paralegal from the duty to provide competent representation, and the services provided under a limited-scope retainer must still be within a paralegal’s permitted scope of practice.
To be successful takes time, hard work, and follow-through. It can be stressful. You should be honest with yourself about whether you can do this.
Unbundling lowers costs — but there’s still a price
A Paralegal can assist with a variety of services, depending on the individual needs and budget. For example, if you’re going to court, you can hire help to prepare documents such as pleadings, responses, and/or motions. But contingent on the agreement, you may still be responsible for filing the documents with the court, serving the other parties, and/or attending hearings and making the necessary presentation.
For most people, these roles are quite daunting and unfamiliar territory. Praying the other side doesn’t show up is not a strategy. Nor is counting on the sympathetic ear of the adjudicator. Developing and clarifying your approach to a matter may have a cost and still not win your case, but it may help avoid some obvious pitfalls. For example, how many defendants argue in Provincial Court that the police stopped the wrong speeding car – that the other dude was going much faster. Speeding is an absolute liability offence. The only defence is necessity. So, if the cop shows up, and proves you were speeding unless you have a viable reason, you are going to lose. This is an overly simplified example, but it happens daily.
With unbundling and limited scope retainers you have control but also have the option of a wide range of legal services.
Legal Consultation – an opinion on the merits of your case or advice on options to resolve it
- Identify basic legal principles governing your matter to better prepare, and present your case
- help determine the documentary evidence needed to prove the merits of your legal position, whether as plaintiff or defendant.
- Explore the strengths and weaknesses of your evidence to determine which allegations are capable of proof and which are not. A thorough, detailed evidence consultation may result in a more focused Statement of Claim or Defence, well-supported affidavits, and persuasive legal arguments crafted to align with the best evidence for your case.
- Provide the necessary forms, deadlines, and rules for filing court documents at any given stage in the process.
- Explain court procedures respecting service on parties of a claim, defence, or other documents or adjournment requests
- Clarify the importance of your evidence, witnesses, or expert reports
Drafting Documents or Reviewing your Draft of a Document
Many self-represented parties find it difficult to articulate their legal arguments clearly and cogently in writing. This can be exacerbated if English is not your first language, or you are not familiar with the terminology. By taking a client-focused approach and helping the litigant to express the nuances of their legal position, to simplify a complicated point, and to identify the essential “seeds” of their legal case.
- Legal drafting and review services for factums, affidavits, memos, pleadings, letters, contracts, settlement offers, and notices.
- Prepare the Plaintiff’s Claim and Defences
- Prepare motions: to set aside, for an order for subservice, for judgement
- Prepare court documents: Affidavit of Service, Default Judgement, Certificate of Judgement, Writ of Seizure and Sale of Land, Writ of Seizure and Sale of Personal Property, Notice of Examination, Notice of Garnishment, Affidavit for Enforcement Request; Affidavit; Terms of Settlement, Request for Clerk’s Order on Consent
- Prepare Letters
Legal Research
- From the outset you need to know the strengths and weaknesses of your case; whether your fact situation has ever been adjudicated before and how it differs from similar matters
- the factors and evidence that the court considered.
- You need to align your pleadings, your affidavit evidence, and your legal arguments with relevant, on-point case law – to strengthen both your legal argument and your settlement position.
Hearings, Pre-trial Meetings, Negotiations and Settlements
Very few cases or hearings do not have some form of a ‘pre-trial hearing’ mechanism in place to help clarify and resolve outstanding issues, ensuring good use of the court’s resources. As well, in many instances (not all) the rules may allow penalties should the outcome be less than an earlier proposed settlement offer. As well, adjudicators often have wide latitude in awarding costs. Wasting time may prove costly.
If you are in the process of settling a case, I can assist in negotiations and drafting settlement offers in line with the merits of your case. A reasonable settlement position may save you on costs down the line.
- Settlement Conference
- Motions Hearings or Adjournment Hearings
- Pre-Trial hearings
- Examination Hearing & Contempt Hearing
- Garnishee Hearings, Terms of Payment Hearings
- Mediations & Arbitrations
- Representing you during a single appearance