Family and Housing Court Litigants Might Find Unbundled Legal Services Ideal

     Family and housing courts were created in part to take the burden of large case loads off general civil courts, and in part to allow specialization of judges and attorneys because the nature of  many of the cases is very similar. This specialization is intended to improve the quality of justice delivered by the court.

     But despite the goal of creating special courts more accommodating to the parties involved, many of people still do not receive adequate counsel. According to a study of New York City courts, the cost of a lawyer is a large obstacle for many people, and an overwhelming majority of litigants represent themselves.

     This may be an area where Unbundled Legal Services are ideal. Persons of modest means with common needs, such as counsel on evictions or documents prepared related to child support, could seek the advice of an attorney and engage an attorney to draft appropriate legal documents without the attorney appearing on their behalf in court. Since attorneys will likely be familiar with these more common issues, they could charge a reasonable, affordable flat fee. There should be many opportunities for win-win opportunities for unbundled attorneys and self-represented litigants in housing and family law court matters.

     Excerpt from the Study:

"While precise data do not exist, informal surveys of court managers have revealed that most litigants (Family Court, approximately 75%; Housing Court, approximately 90%) appear without a lawyer for critical types of cases: evictions; domestic violence; child custody; guardianship; visitation; support; and paternity."

READ THE REPORT:

Self Represented Litigants in the New York City Family Court and New York City Housing Court

Office of the Deputy Chief Administrative Judge for Justice Initiatives. December 2005