Supreme Court sets unbundled services criteria for family cases.

Beginning January 1, family law lawyers may offer limited assistance to pro se litigants in family law cases, following Florida Supreme Court approval of amendments to Bar and family law rules.

Acting November 13, in Amendments to the Rules Regulating The Florida Bar and the Florida Family Law Rules of Procedure (Unbundled Legal Services), case no. SC02-2035, the court approved the recommendations from the Bar's Unbundled Legal Services Special Committee II, with some changes.

The amendments allow lawyers to accept representation for discrete tasks in a family law representation--such as handling a hearing or drafting a specific document--without assuming responsibility for the entire case.

"The ultimate result is going to encourage people to use the services of legal counsel. It will make them less intimidated about the cost," said Hollywood attorney Adele Stone, who chaired the special committee. "It was certainly encouraged by the judiciary and the court, and it will give greater access to justice, which is encouraged and supported by the Bar.

"I definitely look forward to seeing the implementation of this rule. I think it will benefit all concerned, the litigants and the judiciary."

"We're extremely pleased. We felt this rule has been necessary," said Richard West, chair of the Family Law Section. "This will be a benefit not only to pro se litigants but also attorneys, particularly young attorneys, because it will help get lawyers involved again in divorce cases."

West noted that the opinion cited studies that show 65 percent of initial filings in domestic relations cases have self-represented litigants and 80 percent of post-judgment proceedings have at least one party unrepresented. "Those of us who practice in this area of law know it is bogging down the system," he said, adding that getting lawyers involved "will be a benefit to all."

The opinion assigned two tasks to the Bar: Prepare a brochure explaining to lawyers and litigants how unbundled representation will work and prepare a standard form attorneys can have clients sign when they want less than the lawyer's full services in a case.

The court also asked the special committee to monitor how the new rules work in the next two years, and recommend any changes that may be needed.

"We emphasize that the goal ... is to increase access to justice for those litigants unable to afford full representation on all portions of their case," Justice Barbara Pariente wrote for a unanimous...