Unbundled legal services allow a person to hire an attorney for specific tasks or issues while handling the rest of the case personally or through another arrangement. This is also called limited scope representation. The agreement defines the work the attorney will do; it does not necessarily mean a flat fee.

In California Family Law

An attorney might help prepare financial disclosures, review a proposed settlement, draft a declaration, or represent a party at a particular hearing. The client and attorney should identify the included work, excluded tasks, fees, and responsibility for filing, service, and deadlines.

Under California Rule of Professional Conduct 1.2(b), a limitation must be reasonable under the circumstances, lawful, and based on the client’s informed consent. California Rules of Court, rule 5.425 sets out the family court procedures.

When the attorney appears in court

For noticed limited scope representation, the attorney and party must file and serve a Notice of Limited Scope Representation (FL-950). The notice identifies the issues the attorney will handle. Documents concerning those issues are served on the limited scope attorney; documents concerning other issues go to the party or the attorney handling those issues.

For example, a parent might hire an attorney for a child support hearing while continuing to handle property issues personally. The agreement and notice should make the division clear. Rule 5.425 also addresses responsibility for the order after the hearing, so completing the court appearance does not always complete the attorney’s work.

When the attorney only helps prepare documents

Rule 5.425(f) provides a different procedure for an attorney who helps draft documents without appearing. When that provision applies, the attorney’s assistance need not be disclosed within the documents. If the party asks the court to award fees for that work, the party must disclose the attorney’s name, work performed, billing basis, and amount billed. The provision does not apply when the attorney has made a general appearance or agreed to appear on an issue covered by the pleadings.

When the agreed work is complete

The steps for ending a noticed limited scope appearance matter. If the client has not signed a substitution of attorney, rule 5.425(e) provides a completion procedure using FL-955 and related forms, including notice to the client and an opportunity to object. Simply finishing a hearing does not replace that procedure. Code of Civil Procedure section 284 addresses changing attorneys by consent or court order.

Different rules for civil cases

Rule 3.35 distinguishes the civil rules from family law proceedings. Rule 3.36 governs noticed limited scope representation in civil cases and uses CIV-150. Rule 3.37 addresses undisclosed document preparation in civil cases. Those civil procedures should not be substituted for the family court rule and forms.