Comments on: I Can Unbundle The Case, But I Can’t Unbundle My Heart

By: Richard Granat

Richard Granat — Wed, 24 Feb 2010 00:01:50 +0000

Carolyn’s situation is a good example of the limits of “unbundling.” The concept works best in the context of clearly defined transactions which are uncontested. It gets messy when the conflict is hotly contested, where they are many interrelated issues, and when the tasks that the client wants to undertake are beyond the client’s competence. Carolyn’s response to engage the client beyond the original scope of representation out of necessity and compassion is the kind of response that defines the practice of law as a “profession”, and not just as another service business. We need to have more lawyers like Carolyn Elefant.

By: Richard Granat

Richard Granat — Wed, 24 Feb 2010 00:01:00 +0000

By: Edward Adamsky

Edward Adamsky — Tue, 23 Feb 2010 13:44:31 +0000

We could solve the health care crisis with unbundled Medical services. I’ll diagnose myself, I just need the doctor to call in the prescription to the pharmacy, how much is that? If I need surgery, I’ll do all the prep-work, I just need the surgeon to do the actual operation, he doesn’t need xrays or anything that I don’t want to pay for; that will save a lot. Unbundled services, how can it go wrong?

By: Edward Adamsky

Edward Adamsky — Tue, 23 Feb 2010 13:44:00 +0000

By: Stephanie Kimbro

Stephanie Kimbro — Tue, 23 Feb 2010 12:43:42 +0000

Unbundling legal services can be difficult when the practice areas are not more transaction based. However, I have had instances come up like this in my own practice when unbundling legal services for small business clients. Often the issue comes up after the engagement clickwrap agreement has been signed. Neither myself nor the client could have foreseen the scope of representation needing to change.
In those cases and where I feel the need to handle this new aspect of the case for my client rather than referring them away, I will go through that engagement process again and redefine the scope of my representation for the project. The client is then provided with additional information about my services, how much this new aspect of the case will cost and how he or she will be billed for it, and then they click to accept the new terms of our relationship.
In some cases, the terms may change from a fixed fee unbundled project to a billable hour project depending on the scope of what needs to be handled. So I guess I don’t think unbundling has to be so black & white and can be kept flexible to changes in clients’ legal needs. The key from a malpractice standpoint is getting the client to understand and agree to the changes in the relationship and keeping a good record of that for your law practice.

By: Stephanie Kimbro

Stephanie Kimbro — Tue, 23 Feb 2010 12:43:00 +0000

By: Richard Carey

Richard Carey — Mon, 22 Feb 2010 17:23:02 +0000

This is a wonderful post that truly highlights the issues with unbundled services and handling foreclosure cases on a pro bono basis. Foreclosure cases can quickly spiral out of control affecting different aspects of your client’s lives thus turning your few hour pro bono case into a full time job. As a Florida Foreclosure Defense attorney I see too often how the foreclosure process leaves clients at the mercy of the Courts. Although I handle several pro bono foreclosure cases, the amount of work and energy that goes into raising a valid foreclosure defense is truly taxing and cannot be done in an expedient manner as each case has its own unique issues. I wish you the best in your pursuit to resolve your client’s case.

By: Richard Carey

Richard Carey — Mon, 22 Feb 2010 17:23:00 +0000

By: Debbie Eberts

Debbie Eberts — Mon, 22 Feb 2010 15:13:36 +0000

Unbundling is one of those great ideas on paper, but very difficult to execute in the real world.

By: Debbie Eberts

Debbie Eberts — Mon, 22 Feb 2010 15:13:00 +0000

Unbundling is one of those great ideas on paper, but very difficult to execute in the real world.