1. Perspectives from Practitioners
Wayne Moore, Law Office of Wayne Moore

2. Unbundled Legal Services By Wayne Moore Conference on Unbundled Legal Services Denver October 26-27, 2017
Bankruptcy (Ch 7, no asset) (some Ch 13s)(21% pro se) (2 bundles)
Client prepares mailing list, income statement, list of unsecured creditors
Represents self at creditors’ hearing and provides copy of the discharge
Real Estate Closings (1 or 2 bundles)
Client represents self at closing
Unemployment Hearings (90% pro se) (1 bundle)
Client files appeal, represents self at hearing, and provides decision
Uncontested adoptions (38% pro se) (3 bundles)
Client files pleadings, arranges for service of process, obtains consent,
and arranges for any witnesses,
Represents self at court hearing and provides signed judgment

3. Uncontested guardianships of adult/child (3 bundles)
Client files pleadings, arranges for service of process, sends notices,
obtains consent, and arranges for any witnesses,
Represents self at court hearing and provides signed judgment
Protective orders (98% pro se) (1 or 2 bundles)
Client files pleadings, arranges for service of process, arranges for any witnesses,
Represents self at court hearings and provides signed judgments
Uncontested probate (45% pro se) (3 or 4 bundles)
Client files pleadings, sends notices, obtains consent, inventories assets, pays bills,
sells assets, pays taxes, transfers property
Represents self at any hearings, provides court notices and signed court orders
Small Claims (Plaintiff) (1 bundle)
Client files pleadings, arranges for service of process, gathers evidence,

4. Unbundling – Practice Tools (Particularly for moderate income clients)
Questionnaires
Checklists for screening cases
Special retainer agreements
(Fees paid in advance)
Self-help materials
Clear point of case closure
(Re-open case with new retainer)

5. Questionnaires Ensure all facts are gathered during first interview
Ensure all issues are considered

6. Special retainer agreements
Client, not attorney, is responsible for case
Attorney only assists
Clear list of attorney’s tasks
No list of client’s tasks (included in self-help materials)
Case closes when attorney’s last task is completed
or after deadline for client action expires
Case is re-opened if more tasks are required with new
retainer agreement

7. Self-help materials
Step-by-step list of all tasks that client must perform to complete case
Includes list of evidence that must be brought to the hearing
Includes opening statement to judge
Includes instructions for presenting evidence
Includes questions that must be answered by client/witnesses at hearing

8. Case closure Closes upon attorney’s completion of last task or
expiration of deadline for client action
Close-out letter is sent
Additional tasks require re-opening case with new retainer agreement
Re-opened case is closed upon attorney’s completion of last task or expiration of deadline for client action
Key: minimizes case monitoring

9. Fees paid in advance No refund if client does not perform tasks
Sometimes allow payment in 2 or 3 installments; one for
each bundle

10. Moderate income people- harder to serve
Potential for higher uncollectables
Must charge lower total fees: $200 to $600
Higher volume of cases
Higher marketing costs (time)
Higher intake/screening costs
Higher monitoring costs (quality control)
Extreme efficiency required
Non-profit corporate structure important

11. Harder to Serve Longer interview time Poorer reading skills
Difficulty traveling
Difficulty taking time off from work
More likely to be no-shows without notice
Don’t trust lawyers or courts
Low prices do not reduce their expectations
Under stress

12. Potential for higher uncollectables
Require payment in advance OR
Actively manage payments
(Attorney is 3 parts advocate and 1 part collection agent)

13. Higher marketing costs
Heavily dependent on referrals
Need to be non-profit corporation
(Referrals from legal aid and social service agencies tend to be lower
income)
Solutions
Co-locate with other attorneys
Google ads

14. Higher intake/screening costs
Vast majority of referrals can’t afford even low fees
(Conversion rates are less than 1 in 10)
Solutions
Use home-based employee, who is paid based on time spent on the phone, to handle intake
Use web-based intake and scheduling systems
Charge for initial interview ($75 (in-person)/$45 (telephone))

15. Higher monitoring costs
Greater danger of missed deadlines and client confusion
Solutions
Divide case into bundles, which end when attorney completes task or client
misses deadline
Ex: Bankruptcy (2 bundles)
- Initial interview (client receives self-help materials, gathers info and
completes 3 forms within deadline)
- Completion of petition (client files and represents self at hearing)

16. Extreme efficiency required
Use questionnaires and checklists
Use document generators (not cut-and-paste or fillable forms)
Minimize case monitoring
Strive for paperless office

17. Summary: Key barriers to serving moderate income people
Low average fee
High marketing/intake/screening/monitoring costs

18. Options Use sliding fee scale instead of unbundling
-Reduces marketing/intake/screening/monitoring costs
- But, hard to control average fee ($600)
Use unbundling
- Can charge traditional hourly rates
- But, hard to control marketing/intake/screening/monitoring costs
Use hybrid (Both unbundled and sliding fee – best option)
- Use a balance of both methods

19. Conclusion
Fee-for-service practice devoted to moderate income people is not scalable
Very few dedicated unbundled practices exist
Slow growth of sliding fee scale practices because of low wages
(29 in 7 years)

20. Scalable solution
Legal website to find, screen and refer paying clients
Many attorneys willing to accept limited number of flat fee clients
- Coach clients to represent themselves
- Represent clients in court, who have performed preliminary steps
themselves
Website derives income from selling self-help materials containing vouchers listing attorneys willing to complete case for flat fee

21. Legal website’s role
Sell self-help materials that contain a voucher for hiring an attorney
- Coaching: materials explain how to:
- Fill out intake questionnaire
- Prepare court pleadings
- Gather necessary evidence
- Representation in court: materials explain how to:
- Gather evidence for use at court hearing
- Voucher
- Contact information for local participating lawyers

22. Participating attorney’s role
Coaching
- Review intake questionnaire with client
- Review court pleadings prepared by client
- Go over steps in self-help materials required to finish case
Representation in court
- Review questionnaire with client
- Review evidence collected by client
- Review court file
- Represent client in court

23. Client’s role Coaching - Fills out intake questionnaire
- Prepares draft court pleadings
- Meets with attorney and pays full flat fee
- Revises pleadings per attorney’s advice
- Files pleadings and arranges for service of process
- Meets with attorney to review remaining steps
- Represents self at court hearing

24. Client’s role Attorney represents client at court hearing
- Fills out intake questionnaire
- Collects necessary evidence
- Meets with attorney, pays full flat fee and provides evidence
- Attends court hearing with attorney