Volunteer Lawyer for a Day Project in New York City Demonstrates that Clients Want Unbundled Legal Services from Qualified Attorneys

      In 2008, the American Bar Association published the results of a "test of unbundled legal services in the New York City Housing Court." The study showed that, just as many in the group expected, litigants were pleased with the unbundled legal services they received.

     Here's an excerpt:

"During the interviews with Judge Schneider, she stated that based on the tenants’ responses during settlement stipulation allocutions, she expected that tenants’ levels of satisfaction with the unbundled representation would be high.
As Judge Schneider hypothesized, the litigants were enthusiastically supportive of the program, and very grateful for the services they received. 

All the litigants spoken with and surveyed found the program helpful, and ninety-three percent found their attorney very helpful. 

Not one litigant had a complaint either about the program or their attorney. 

Among the comments generated by the focus group meeting and surveys taken, the litigants explained that having an attorney for just one morning made a big difference. 

The overriding feeling about the program was best summed up by one litigant at the focus group meeting who said that when you go to court without an attorney as opposed to with an attorney, you feel the landlord’s attorney has the power and you don’t; but, when you have a lawyer, you have the power too. (Emphasis added)."

Read the Entire Report:

VOLUNTEER LAWYER FOR A DAY PROJECT REPORT:

A Joint Report by: Office of the Administrative Judge of the Civil Court of the City of New York, the Office of the Deputy Chief Administrative Judge for Justice Initiatives and the New York City Bar Association’s Committee on Legal Services to Persons of Moderate Means. February 2008. 

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

Ten-Year Study of New Yorkers' Access to Justice Concludes that Unbundled Legal Services Could Provide Greater Equality in the Courtroom

In 2009, the results of a 10-year study by the New York judiciary into the state's legal system found that :

"[a]proximately 1.8 million litigants appear each year in New York State’s courts and countless others not yet party to a case come to court without a laywer for information and guidance. In certain types of civil cases, such as housing matters, it is estimated that while up to 90% of litigants are self-represented, the opposing side has a lawyer."

Perhaps unbundled legal services could help.

Read the Entire Study:  

Expanding Access to Justice in New York State

NYU Law Review Article Advocates Testing the Merits of Unbundled Legal Services in Law Schools

     In her law review article, Rochelle Klempner points out that:

"many in New York agree that unbundled legal services is a sound mechanism to provide poor clients with greater access to the justice system." 

     But she goes a step further to say, that in instances where legal ghostwriting is appropriate to the client's needs, 

"ghostwriting furthers the lawyer's duty to meet the legal need of the public."

READ THE LAW REVIEW ARTICLE:

UNBUNDLED LEGAL SERVICES IN LITIGATED MATTERS IN NEW YORK STATE:

A Proposal To Test the Efficacy through Law School Clinics, 

By Rochelle Klempner, 30 N.Y.U. Rev. L & Soc. Change 653 (2006).