Lawyers Help Close the Justice Gap by Assisting the Client’s Personal Practice of Law

The legal profession has long grappled with the challenge of access to justice. A significant portion of the population cannot afford full legal representation, leaving many to navigate the complexities of the legal system alone. However, there is a growing movement towards the Personal Practice of Law, where pro se litigants engage in competent self-representation, supported by limited-scope legal services offered by lawyers.

Understanding the Personal Practice of Law

The Personal Practice of Law empowers individuals to understand, apply, and argue the law on their behalf. This approach allows pro se litigants to take control of their legal matters with the right tools and knowledge. It involves:

• Interpreting the Law: Understanding the statutes, case law, and legal principles that govern their legal issue.
• Applying the Law: Relating these legal principles to the specific facts and circumstances of their case.
• Arguing the Law: Presenting their legal position effectively in court through written documents or oral arguments.

By equipping themselves with these skills, pro se litigants can navigate the legal system more confidently and effectively. However, they often need targeted assistance from lawyers to fully succeed.

Distinguishing Between Pro Se Litigation and the Personal Practice of Law

Pro se litigation involves individuals representing themselves in court, often without the necessary knowledge or skills to do so effectively. These litigants frequently rely on internet searches for terminology and sample documents, which may not adequately prepare them for the complexities of their cases. In contrast, pro se litigants engaged in the Personal Practice of Law represent themselves well because they have structured support to interpret, apply, and argue the law governing their disputes. This structured support ensures they are better equipped to handle their legal matters competently.

Embracing Limited-Scope Legal Services

Traditional legal representation, currently billed at an average of $330 per hour, is beyond the financial reach of most individuals. However, limited-scope legal services, also known as unbundled legal services, provide a way for lawyers to offer their expertise for specific, well-defined tasks at a flat fee. These services can include:

• A phone call for legal advice
• A pre-filing review of a legal document
• A single court appearance

By offering these targeted services, lawyers can make a meaningful difference in the lives of pro se litigants without taking on the full burden of a case.

Addressing the Risks

Legendary limited-scope trainer M. Sue Talia once told me that one of the primary concerns for lawyers in offering limited-scope services is the risk associated with taking on clients who might later blame them for any failures in court. This concern is rooted in the traditional model where lawyers are expected to control the entire case to mitigate risks.

However, this risk is significantly mitigated when the client is engaged in the Personal Practice of Law. These individuals are not seeking full representation but rather guidance and support for specific aspects of their case. They understand that they are practicing law for themselves and are responsible for the overall management of their case.

There is a clear distinction between pro se litigants who scour the internet for terminology and sample documents and those who are genuinely engaged in the Personal Practice of Law. The latter group benefits from structured support that helps them effectively interpret, apply, and argue the law. This structured support includes:

1. Decision-Making Tools: Helping litigants determine the best next step in their case, with clear explanations and options.
2. Litigation Tutorials: Providing easy-to-follow instructions on the legal standards and requirements relevant to each stage of the case.
3. Claims Analysis Tools: Assisting litigants in breaking down and understanding the elements of their case and the fact pattern.
4. Legal Research Tools: Offering access to statutes, case law, and legal precedents with powerful search tools to find relevant information quickly.
5. Document Assembly: Supplying templates and step-by-step guides to draft clear and effective legal documents, ensuring they meet legal standards.

Pro se litigants who utilize such structured support systems tend to have a higher success rate, with many winning or settling their cases. Lawyers who assist them are at much less risk of malpractice concerns. Additionally, satisfied clients are likely to return for further limited-scope services as they progress through their case, creating opportunities for repeat business. By offering limited-scope services, lawyers can help pro se litigants succeed while also safeguarding their professional responsibilities.

Practical Tips for Implementing Limited-Scope Services

1.  Clearly Define the Scope: Ensure that the scope of the service is clearly defined and communicated to the client. This includes setting boundaries on what the service will and will not cover.
2. Set Flat Fees: Offer flat fees for specific services to provide transparency and affordability. Clients should know exactly what they are paying for without fear of escalating costs.
3. Use Engagement Agreements: Utilize detailed engagement agreements that outline the responsibilities of both the lawyer and the client. This helps manage expectations and reduce misunderstandings.
4. Stay Within Legal Boundaries: Ensure that the services provided do not cross into areas that would be considered the unlicensed practice of law. Ghostwriting, for example, is allowed in some states but not in others. Regularly review local regulations and guidelines.

The Impact on Access to Justice

By offering limited-scope legal services, lawyers can play a crucial role in closing the justice gap. These services provide pro se litigants with the support they need to navigate the legal system more effectively. For lawyers, this model offers a way to expand their client base, diversify their practice, and make a positive impact on their community.

A Call to Action

We encourage lawyers to embrace the opportunity to offer limited-scope legal services to pro se litigants, particularly those engaged in the Personal Practice of Law. By doing so, you can help bridge the justice gap, mitigate professional risks, and contribute to a more equitable legal system. This approach not only benefits your practice but also supports the broader goal of ensuring access to justice for all.

Join the movement to make the courts accessible, fair, and truly democratic. Together, we can create a future where access to justice is a reality for everyone.