The Do’s and Don’ts of Unbundled Legal Services

The Do’s and Don’ts of Unbundled Legal Services:  Legal Help on Your Terms

• Getting legal help – plain and approachable.
• Fair access to the legal system – keeps the meaning but sounds less formal.
• Being able to get legal support when you need it – good for client-facing writing.
• Making the legal system more accessible – use when talking about reform or improvement.
• Making justice affordable and available to everyone – ideal for blogs or community materials.

Being able to get legal support when you need it is one of the biggest challenges in today’s legal landscape. Limited-scope retainers, also known as unbundled services, legal coaching, DIY are the answer. This way of getting legal help is increasingly relevant to those going through a divorce and separation process with so many folks seeking affordable, flexible options. 

Nowadays, many (most?) British Columbians can’t afford full representation through every stage of their case — especially in family law matters, where emotions run high and finances are often tight. 

Limited-scope retainers have emerged as a practical middle ground for people who want help, but who cannot afford or do not want to hire a lawyer for the entirety of their separation and divorce process. 

Unbundled services let you get the legal help you need on specific tasks or issues. As lawyers this means we can help more people. We can serve more people without having to commit to lengthy retainers. For people going through a separation or divorce, it allows you to get very clear on the amount of money you are investing in legal fees. 

It really is a win/win situation. 

However, as with all great things, there are important considerations you will want to think about.  

What is a limited-scope retainer?

A limited-scope retainer means a lawyer agrees to handle only certain parts of your legal matter, rather than taking on the entire case. For example, a lawyer might:

• Draft or review a court document
• Offer strategic advice before mediation
• Represent the client at one hearing only
• Help prepare a financial statement or parenting plan

You remain responsible for the rest of your matter. This approach can be empowering when done right, but risky if boundaries aren’t clear. Like any kind of arrangement, you want to be sure you have clarity of agreement between you and your lawyer. This means that you will want to be sure that you and your lawyer are very clear about what tasks/jobs you are retaining them for. 

Option 1: DIY and “Google law” – powerful, but handle with care

I am thinking of a client we have right now. I will call him Trevor. Trevor has a very difficult co-parenting relationship with his ex-spouse. Originally, when Trevor was able to go from being a “weekend Dad” to a parent with equal parenting time with his child, he thought his troubles were over. Well, let’s just say they were not. Trevor’s ex-spouse, I will call her Katrine does everything she can think of (at least according to Trevor) to thwart Trevor’s role as a Dad. In addition to everything else, Trevor and Katrine do not agree on what their daughter, Nadia, now seven years old, needs in order to grow into a thriving and healthy adult who remembers her childhood with fondness. Of course, in our view, the biggest thing that would get Nadia there is that if her parents stopped fighting. However, we do not see that happening anytime soon. 

Trevor already exhausted a lot of his resources when he spent some years fighting for equal parenting time. Because of that, Trevor does not have the money left to fight over the decision-making. Instead of hiring Pathway Legal to be his lawyers to help with that, Trevor acts on his own behalf as his own lawyer. 

Every month or two, Trevor reaches out to Pathway Legal and consults with one of our lawyers. He pays for an hour or two hours of his lawyer’s hourly rate without having his lawyer on a general retainer. 

The Law Society of BC’s Code of Professional Conduct allows lawyers to help their clients with limited-scope retainers but it In fact, the Code of Professional Conduct for BC lawyers states that before undertaking a limited scope retainer, the lawyer must advise the client about the nature, extent and scope of the services that the lawyer can provide and must confirm in writing to the client as soon as practicable what services will be provided.

As you can see, clarity is key. In our agreement with Trevor, we only do work on his matter upon Trevor’s specific instructions. For example, if Trevor sends a communication from Katrine, we ask first if he wants us to read the entirety of the communication before we do so.  Trevor says he appreciates this way of having our help because his legal fees have not run away on him, becoming exorbitant. Every step of the way we clarify what Trevor wants us to help him with. We do not leave anything to chance or assumption. 

Limited Scope Retainers: The Do's

As with any kind of agreement, clarity is key and this means that you should consider doing the following when having a lawyer hired on a limited scope retainer, or hired as your legal coach:   

• Do make sure you understand exactly what your lawyer is helping you with (for example, “just drafting my affidavit” or “only representing me at one conference”).
• Do ask your lawyer to put your agreement in writing. That way you can both refer back to it if necessary. 
• Do be honest and complete when you share information with your lawyer, even if they’re only helping with part of your case. Sometimes context is EVERYTHING. 
• Do ask questions if you’re unsure about what you are still responsible for doing on your own.
• Do keep track of your deadlines, court dates, and documents, and follow through on the tasks your lawyer has not agreed to handle. In essence, when you are DIY’ing it, it is up to you to ensure no deadlines are missed. 
• Do tell your lawyer if you think that you want a greater amount of help than you originally anticipated. Most lawyers will agree to switch to full-service retainer. If you do this, make sure your lawyer sends you a new retainer agreement. 
• Do read all letters, emails, and instructions from your lawyer carefully. 
• Do keep all of your legal documents and communications in a safe and organized place. 
• Do let the court or the other party know that your lawyer is hired in a limited way if your lawyer shows up to do something for you (ie. A short hearing). Your lawyer can guide you as to how to do that. 
• Make sure your lawyer communicates to the opposing party or their lawyer that they are on a limited scope retainer and that all communications should still go through you (unless your lawyer is specifically retained to communicate with your ex-spouse or their lawyer). 

Limited Scope Retainers:  The Don’ts

Matters can get very messy really quickly if you and your lawyer are not clear about who is doing what in your legal matter. 

• Don’t assume your lawyer is taking care of everything in your case; in a limited-scope retainer, you still have important responsibilities. You are the one ultimately responsible for making sure you don’t miss court dates and deadlines. You are also responsible for taking the steps necessary to move your matter forward. The only time that this is not the case is if your limited scope retainer says that your lawyer is responsible for these tasks. 
• Don’t ignore or delay dealing with court documents or deadlines because you think your lawyer will “step in” if things get serious.
• Don’t agree to something in court or with the other side that you don’t understand. Just because you don’t understand a court order does not mean you are not bound by it. 
• Don’t expand what you expect from your lawyer in your own mind without talking to them and updating the agreement. This is called “scope creep” and it happens a lot unless both the lawyer and client are clear about their roles and responsibilities. 
• Don’t send your lawyer every message or document and assume they will respond or act on it. If you have not specifically instructed them to look at such documents, you can assume they will not. 
• Don’t be afraid to say, “I don’t understand” or “Can you explain what I need to do next?” — your lawyer needs to know if you’re confused and they need to know that you understand exactly what is happening with your case. 
• Don’t rely on advice from friends, social media, or online forums instead of the specific legal advice your lawyer has given you about your part of the case. There is an unlimited abundance of information out there, the issue is that a LOT of it is not correct. 

What you are allowing your lawyer to do (and not do)

• You are allowing your lawyer to help with specific pieces of your case, not the whole thing. This might mean drafting certain documents, giving you advice before a step, or attending one court appearance.
• You are not asking your lawyer to manage every part of the file, chase every deadline, or deal with every communication that comes in. That is your job. You only give your lawyer specific tasks/jobs to do. 
• You are allowing your lawyer to rely on the information you provide, so it’s important that you are truthful and thorough (this is arguably always the case though). 
• You are allowing your lawyer to step back once the agreed-upon work is finished, unless you both agree in writing to expand or continue the retainer.

What does a well-drafted retainer letter include? It includes: 

• The exact services your lawyer will perform
• What the lawyer will not handle
• Fees, billing method, and expected timelines
• When the lawyer’s involvement will end

Ambiguity is the enemy of limited-scope work. Clarity of agreement is its friend.

Your lawyer’s competence:

By the way, just because you are on a limited retainer, it doesn’t mean that your lawyer is somehow off the hook from giving you great legal advice and service. Even on a limited retainer, a lawyer must exercise their duties competently. 

Be Honest With Yourself:

Some folks may not have the organizational skills, capacity, or literacy to manage their case responsibly. 

In those situations, unbundling could do more harm than good. Before entering into a limited scope arrangement, ask yourself the following questions: 

• Can I handle the steps and details required to finish my case? 
• Do I fully understand the limited scope agreement? 
• Do I have all of my documents organized? 
• Can I keep all of my legal documents and communications organized? 

Ultimately, limited-scope retainers can serve both lawyers and clients well — but they demand thoughtful screening, careful drafting, and honest communication. The model works best not as a shortcut, but as a partnership grounded in transparency between you and your lawyer. 

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