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| Jo-Anne Stark |
I received a call the other day from a person who asked me if I had a “menu” of services — sort of an à la carte selection of legal services that I could provide at a flat rate. Is this really a thing now?
Yes, this really is a thing. Often referred to as “limited legal services,” savvy clients now expect to see a variety of legal services at differing price ranges. Firms that still only offer open-ended hourly rate full representation are finding that more and more potential clients are happy to look elsewhere for affordable legal services — ones that meet their expectations while not draining their wallet!
What type of limited legal services are there? One service gaining popularity is unbundled legal services. This is that type of à la carte offering where a client purchases a legal service, usually for a flat rate. The client continues to manage their own legal matter but hires a legal professional for one piece of legal work. An example might be hiring a lawyer to prepare specific court documents, such as an affidavit; another might be hiring a lawyer to draft a contract which the client has negotiated.
Another type of limited legal service that is garnering more interest is legal coaching; here, the legal coach is hired by the client, who is representing themselves. The coach offers regularly scheduled sessions where they partner up with the client to establish goals and determine steps that need to take place to advance a legal matter. An example might be a client who is going to court to obtain a divorce; they represent themselves but have regular coaching sessions on a weekly basis to stay on top of the required court filings and to prepare for any court appearances that are needed. The legal coach stays in the background, providing the support, guidance and information that the client requires to get the job done. Clients must be willing to do their own work and to be held accountable by the coach.
Limited legal services are often far more attractive to middle-income clients because they are more affordable. They also allow a client to retain control over their legal matter, instead of handing it off to someone else. However, these types of services are not all the same: with unbundled, the lawyer is retained for one particular service and then the engagement ends; with legal coaching, the coaching sessions continue on a regular basis until the legal matter is resolved.
With unbundled, lawyers often require a retainer up front before work commences and hence the need for trust accounting (do I hear a groan?); while with coaching, clients usually pay monthly for the sessions after they have taken place, using a credit card kept on file (so much easier!). Coaching also has the added advantage of being a process that is described as very empowering — it is focused on the client and building up their confidence, while motivating them to complete their own “legal work.” Coaching is really based on the idea that legal services need to be client-centric; it is all about finding ways to serve the person.
I sometimes compare the different types of legal services using an analogy. A full-service lawyer is akin to going out to a fancy restaurant — you enjoy an amazing meal served by a highly trained chef, and then you get a large bill at the end of the evening. Unbundled legal services are like takeout cuisine — it’s a bit cheaper, but the customer picks up the food prepared by the trained chef and takes it home to enjoy in their own home. Finally, coaching is like attending cooking classes once a week — the person learns new skills, gains confidence in preparing their own meals and learns to appreciate the effort it takes to make a fine dinner. Some law firms I’ve worked with have expanded to include all three types of legal services! Adding limited legal services is an effective way for law firms to service clients with differing budgets.
Whether you plan to offer full-service legal options, unbundled or legal coaching, just be clear on what the service really is — the last thing you want is a client who has unreasonable expectations about the services you are offering! A well-worded letter of engagement or retainer agreement is vital to ensure that expectations are managed throughout the process.
Jo-Anne Stark, B.Comm., J.D., CLC, is the founding president of the non-profit Legal Coaches Association and author of Mastering the Art of Legal Coaching. Find her on LinkedIn.
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