Unbundling Resources 2014
ABA Unbundling Resource Center
This is the ABA’s resource center maintained by the Standing Committee on the Delivery of Legal Services. This is the clearing house for links to a wide variety of materials on unbundling, including documents separately listed here. As each state enacts new rules, and issues new reports, links are added. Note there is amatrix that gathers the resources for the individual states. A free training on how to use the risk management materials is posted at The Delivery Committee has recently updated its White Paper “An Analysis of Rules that Enable Lawyers to Serve Pro Se Litigants. It can be found at
National Center for State Courts The National Center for State courts has posted links to limited scope rules in 40 states here. Check here to get an overview of state rules. Of course, be sure to check your own state’s rules for the latest version.
Julie MacFarlane, National Self Litigants Project: Final Report, 2013 (Canada)
New York Times Op-Ed Piece On January 2, 2010, the New York Times published an Op-Ed piece in favor of unbundling written by Chief Justice Broderick of New Hampshire and Chief Justice George of California. It can be found here:
California Rules of Court California adopted rules of court encouraging limited scope representation in family law cases in July 2003. (Rules 5.70 and 5.71). Similar rules were adopted for civil litigation in January 2007. (Rule 3.35 et. seq) Mandatory court forms were also adopted to accompany the rules. All may be located at
Risk Management MaterialsThe California Commission on Access to Justice has developed a complete set of risk management materials for use in family law limited scope representation, including checklists, best practices, four variations on fee agreements, and the official California court forms. A pdf version can be located on the California State Bar website 12.pdf . For a Word version, email and she will get it to you. This is an essential resource for anyone contemplating representing family law clients on a limited scope basis. A companion set of civil risk management materials is available for download at the following website.
California Judicial Council Website This is the link to a wealth of unbundling materials on the California Judicial Council website. It has direct links to both the family law and civil risk management materials,, the Ethics Primer listed below, limited scope court forms, as well as the Report of the Limited Representation Committee of the California Commission on Access to Justice (2001) many more resources.
Ethics Primer The California State Bar’s Committee on Professional Responsibility and Conduct has posted an Ethics Primer on Limited Scope Representation at
Practising Law Institute Free Webcast Trainings As a public service, Practising Law Institute (PLI) has sponsored a series of free webcast trainings on limited scope representation. They are posted by date on under CLE now. The basic family law training conducted by M. Sue Talia was posted April 1, 2009. A Training of Trainers was posted April 28, 2009. A third training on how to use limited scope representation in representing homeowners in conflicts with homeowner’s association (a rapidly growing area of civil practice) was taped in early June 2008, and will be posted shortly thereafter.
Colorado Ethics Opinion This is the Colorado Bar Association web site. Look for Ethics Opinion 101 for a comprehensive discussion of the ethical issues, and citations to opinions in other states. (Note that this is a 1998 opinion encouraging limited scope).
Los Angeles County Ethics Opinion This is the Los Angeles County Bar web site. Look for Ethics opinion 502. It is the only California opinion, and was very thoughtfully written by some ethics and malpractice experts.
Webinar and Resource Library This library contains a wealth of information designed to assist litigants and the attorneys assisting them. Check it frequently for updates. It has an excellent resource library which is continually being updated. There is also a free webinar on limited scope representation.
Unbundledlaw.org This was the original unbundled website set up by the Maryland Legal Assistance Network (MLAN). It has not been updated for some time, but was recently taken over by M. Sue Talia, who plans to update it for easy reference to the status of rules and ethics opinions around the country. Keep checking in.
ABA Resolution #108 in Support of Unbundled Legal Services, Passed by the ABA House of Delegates, February 1, 2013
ABA Model Rule 1.2 specifically authorizes limited scope representation. It can be found at
ABA Model Rule 6.5 encourages nonprofit and court based programs to offer limited scope representation by relaxing the rules on conflicts. It can be found at
New York Housing Court Pilot Project Report – This successful pilot project provided trained, supervised lawyers for a day to pro se housing court litigants who would otherwise be without access to representation. The report can be found at
Massachusetts Report on Limited Scope Representation
Publications of Forrest S. Mosten (Limited to Unbundling and Directly Related Issues)
Books
Unbundling Legal Services (ABA, 2000);
Collaborative Divorce Handbook: Helping Families Without Going to Court.San Francisco: Jossey Bass, 2009.
Articles and Chapters
Unbundling 2014: Recommendations for the Courts, ABA Judges’ Journal (January, 2014)
Unbundling Legal Services Today--And Predictions for the Future,
ABAFamily Advocate,
Vol. 35, No. 2, (Fall 2012)
Lawyer as Collaborative and Preventive Peacemaker, Chapter in ABA Innovative Practice of Law, (2014)
Unbundling Legal Services to Help Divorcing Families Chapter 5 in Innovations in Family Law Practice.Madison, WI: AFCC Innovations Series, June, 2008.
Unbundling—Rethinking How to Package and Deliver Legal Services, in Forrest S. Mosten, The Complete Guide to Mediation: The Cutting-Edge Approach to Family Law Practice. Chicago: American Bar Association, Section of Family Law, 1997, 322-345.
“Collaborative Law Practice: An Unbundled Approach to Informed Client Decision Making.” Journal of Dispute Resolution, 2008,2008(1), 163-194.
“The Potential of the Family Law Education Reform Project for Family Lawyers.” Family Court Review, January 2007, 45(1), 5-11.
“Intake Should Be Your Primary Marketing Strategy.”Just Resolutions,American Bar Association Dispute Resolution, January 2006, 1,3.
“Confidential Mini-Evaluation.”Family Court Review, 1992, 30(3), 373-384.
“The Consulting Lawyer in Private Divorce Mediation: Sample Client Retainer Letter and Discussion.” Los Angeles County Bar Family Law News and Review, Summer1989, 10(3), 6-9.
“Lawyer as Peacemaker: Building a Successful Law Practice Without Ever Going to Court, Family Law Quarterly, Fall 2009, 43(3), 489–518.
“Unbundled Legal services in Mediation.” DR Report, November 1999, page numbers NA.
“Unbundling Legal Services: Servicing Clients Within Their Ability To Pay.”American Bar Association Judge’s Journal, Winter 2001, 15.
“The Lawyer as Dispute Resolution Manager.”Family Law News and Review, Fall 1994, 15(4), 5-8.
“The Lawyer’s Role During Agreement-Making.” American Journal of Family Law, Spring 1997, 11, 13-22.
“Unbundling Legal Services,”International Legal Practitioner, June 1996, 42-45.
Preventing Future Conflict Through Legal Wellness Check-Ups.”Preventive Law Reporter, Fall 1996, 12-15.
“Preventive Mediation in Blended Families.” Dispute Resolution Magazine, American Bar Association, Dispute Resolution Section, 1996, 3(1), 16.
“Emerging Roles of the Family Lawyer: A Challenge for the Courts.” Family and Conciliation Court Review, April 1995, 33(2), 213-240.
“The Client Library: Law Firm’s Preventive Law Classroom,”Preventive Law Reporter, Fall 1995, page numbers NA.
“Coaching the Pro Se Litigant.” American Bar Association Complete Lawyer, Winter 1995, 1-8.
“Unbundling of Legal Services and the Family Lawyer,” Family Law Quarterly, American Bar Association,Fall 1994, 421-449.
“Preventive Planning in the Resolution of Dispute.” Denver Law Review, 1988, 64, 441-442.
Editor and Contributor. “How to Provide Legal Services to Middle Income Clients Profitably.” State Bar of California, 1985, page numbers NA.
“Introduction of Special Issue on Client Counseling.” Creighton Law Review, 1984-1985, 18(5), 1329-1341.
With Redmount, R. S., “Client Centered Consultation and ADR.” International Legal Practitioner, March 1995, 28-34.
With Lande, J. “The Uniform Collaborative Law Act’s” Contribution to “Informed Client Decision Making in Choosing a Dispute Resolution Process.”Hofstra Law Review Special Issue on Uniform Collaborative Law Act (Publication Forthcoming Spring, 2010)
With Lande, J., “Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law,”25 Ohio St. J. on Disp. Resol. 347 (2010)
Representing Your Clients in Mediation: Effectively Setting Up a MediationinLos Angeles County Bar Family Law Section Symposium Book. Los Angeles, CA: Los Angeles County Bar Association, 2010.
“Peacemaking Can Be Your Day Job.”SPIDR Newsletter, 2000, 24(1/2), 1.
“Mediation and the Process of Family Law Reform.” Family and Conciliation Court Review, 1999, October 1999, 429-447.
“Unbundling Your Mediation Services.”ADR Report, October 1999, 3(25), 3-6.
“Using Your Duty to Inform as a Marketing Tool.” ADR Report, April 2001