UNBUNDLE YOUR LAW PRACTICE:
How To Deliver Legal Services a la Carte
For Improved Service And Profits
Forrest S. Mosten, Unbundling Legal Services (2000, ABA Section
on Law Practice Management)
For Ordering Information: www.MostenMediation.com
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UNBUNDLE YOUR LAW PRACTICE:
TABLE OF CONTENTS
Overview of Unbundling
1. UNBUNDLING: What is it? Why it Works for Clients and Lawyers
- What is Unbundling?
- The Client is in Charge
- Discrete Lawyering Tasks
- Legal Services Menu
- Is Unbundling Right For You?
- Benefits to Clients
- Keeping Lawyers Out of the Way
- Benefits to Lawyers
- Practice Tips
2. UNBUNDLING: How it Works.
- Stage 1: Office Preparation
- Stage 2: Clarifying Your Approach
- Stage 3: Initial Client Intake Conference
- Stage 4: Unbundling Assessment
- Stage 5: Contracting for Unbundling
- Limited Scope Agreement
- Stage 6: Monitoring Limited Services
- Stage 7: Converting From Unbundled to Full Service
Representation
- Sample Termination Letter
- Stage 8: Evaluation of Client Satisfaction
- Practice Tips
3. THE INITIAL CLIENT CONFERENCE: What to Do When the Client Walks
In
- Agenda for Unbundling Discussion
- Initial Conference Topic Checklist
o What is Unbundling?
o What Unbundled Services Do I Offer?
o What Are the Benefits and Risks of Utilizing Unbundled
Services?
o Pros & Cons of Unbundling
o How Will Unbundled Services Compare With Full Service
Representation in Your Case?
o Are You the Type of Person Who Will Be Satisfied With
an Unbundled Arrangement?
o Is This the Type of Problem That Can Be Successfully
Unbundled?
o Assuming You Choose to Unbundle, What Will
You Do and What Will I Do?
o Issues to be Apportioned
o Tasks to be Apportioned
o Limited Scope Client-Attorney Agreement
o Fees
o Wrapping Up
o Practice Tips
4. HOW TO SET UP AND MANAGE AN UNBUNDLING LAW OFFICE
Reception Area
Client Library
- Client Library Picture
- Information to Educate Clients
- DRA Client Intake Form
- Legal Wellness Check-up
- Point of Sale Information
- Office Design
- Food and Drink
- Staff Training
- Practice Tips
5. MARKETING UNBUNDLING SERVICES: HOW TO GET CLIENTS
- Develop Your Signature in the Marketplace
- Unbundling Self Survey
- Write a Mission Statement
- Establish a Board of Directors for Your Practice
- Unbundling Practitioner’s Study Group
- Advertise Concept and Benefits Over Brand
- Benchmark: Don’t Hide the Ball
- Build From Your Strength: Your Existing Client Base
- Network Switching
- Public Speaking and Media
- Using Lunch to Focus on the Needs of the Referral Source
- Organizational Seminars & Training
- Doing Your Marketing From Home
- Write Articles, Forms and Practice Guides
- Your Marketing Lessons
- Yellow Page Display Advertising
- Newspaper and Other Print Display Advertising
- Television and Radio
- Direct Mail
- Website
- Lawyer Referral and Information Services
- Financial Commitment
- Practice Tips
6. ETHICAL AND MALPRACTICE BARRIERS TO UNBUNDLING: How to Deliver Discrete
Task Services Without Being Sued or Disciplined
- Fear of Malpractice and Disciplinary Trouble
- Hurried or Incomplete Advice May Give Rise to Malpractice
- Liability
- Limitations on Liability Are an Illusion
- Malpractice Insurance Carriers May Not Offer Coverage
- Due to Risks & Ethical Uncertainty
- Model Rule 4.2
- Sample Caption for Ghostwritten Pleading
- Ghostwriting Pleadings and Other Court Documents
- Limited Court Appearance & Permission of the Court
- Lawyer Coaches May Not Impede the Administration of the
- Court System
- Lack of Consumer Awareness
- Consumers Need Educational Resources
- Pro Ses: Intruders in the Court Arena
- Lawyers Haven’t Been Trained in Unbundling
- Unbundling Is Not a Politically Hot Issue
- Practice Tips
- Summary of Significant Opinions
Unbundling in Law Practice Today
7. UNBUNDLING IN LAW PRACTICE TODAY
- Corporate Business Practice
- Small Business and Real Estate Transactions
- Probate
- Wills and Estate Planning
- Personal Injury Claims
- Bankruptcy and Debt Relief
- Family Law
o Coaching Clients with no Staff and a World Wide Website
o Consulting Lawyer in Mediation
o Collaborative Lawyering
o Legal Advice Hot Lines
o Helpline: Telephone Mediation and Drafting Forms
o Case Assessment Conferences
o Coaching Within a Full Service Law Practice
- Common Unbundling Practice Strategies
- Simplified Court Forms and Procedures
- Role of a Legal Coach
- Role of Unbundled Manager of Dispute Resolution
- Role of Negotiation Coach
- Legal Wellness Checkup
- Practice Tips
8. UNBUNDLING ON THE INTERNET
by William Hornsby, Jr.
- Client Information Resources
- Client Screening and Intake
- Legal Advice
- Drafting/Form Preparation
- Conclusion
- Appendix of Internet Sites
9. STARTING YOUR UNBUNDLING PRACTICE: Your First Steps
- Prepare to Unbundle
- Develop Unbundling Practice Tools
- Market Your Unbundling Practice
- Look to the Future: Law Practice in 2020
Bibliography
About the Author
All Rights Reserved: 2000