In an interesting move called unbundling of services, people who can’t afford lawyers can now represent themselves but with the help and coaching of a lawyer.

Representing yourself in court can turn out to be a major disaster. Generally speaking when people talk about going to court, they have a lawyer going with them because who better to know the legal system, rules, regulations and the law? While this is “ideal,” in these tough economic times people are sometimes forced to become Do It Yourself (DIY) lawyers.

Many civil cases are getting to court without the assistance of attorneys because people can’t afford one and dwindling legal aid budgets make free legal help hard to find. That leaves only one other option, pro se (doing it themselves). This might not be such a major concern were it not for the fact that many of the cases in court hinge on situations that may cause a great deal of upheaval in a person’s life; for instance child custody and divorce.

This situation does not bode well for the course of the administration of justice in the courts. The backlog of pro se cases will slow the courts down even more. It’s tough to instruct the pro se litigant in the legal niceties and still keep the court docket moving. What’s the solution to moving these cases along?

California has a very innovative approach to handling this type of situation. It is one of the first states to strive for the right of counsel in certain civil cases. In addition, in instances where basic human needs are in question and the individual is unable to afford an attorney, the state has a pilot project (court fee financed) to provide lawyers for low income residents. This is a good start to deal with a tough issue.

Other solutions to address this burgeoning need for legal counsel for people who can’t afford to pay for all the services an attorney provides involve unbundling legal services. In fact, 41 states, including California, have a rule that lets lawyers unbundle their services. What this means is that it will enable them to take only a “part” of a case, something referred to as limited-scope representation. This is an innovative approach to solving a difficult problem and proves that the legal community, at least somewhat, is responsive to the needs of their clients of lesser means.

At one time attorneys were forced to follow a case from start to finish, unless the court excused them. This made finding a lawyer an expensive, and sometimes impossible, proposition. Now, people will be able to hire a lawyer to help them fill out forms, perhaps appear at hearing or two, prepare documents or coach them on how to present their case in court. That could provide invaluable assistance and maybe even turn a case around.

Will this move to unbundle services and offer limited-scope representation eliminate lawyers? Highly unlikely, it’s the lawyers who know the law, how to work with it and within the system. There will always be a need for attorneys, either through offering limited-scope representation or through representing a client in all matters related to the presenting issue.

To learn more about David Alden Erikson, Attorney at Law, visit Daviderikson.com. Mr. Erikson specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law.