Unbundled rule report sent to supreme court.
A proposal to create a family court rule specifically allowing lawyers to provide unbundled services to clients in family law cases will be presented to the Supreme Court.
The Bar Board of Governors, at its October 19 meeting in Boca Raton, approved all five findings and recommendations of the Unbundled Legal Services Special Committee. That includes asking the court to direct the Family Law Rules Committee to draft a rule that allows lawyers to provide limited and specific representation in court.
"Unbundled is allowing a lawyer to perform a discrete task in the context of a larger legal issue or case," said board member Sharon Langer, who chaired the Unbuadled Legal Services Special Committee. "What we're really talking about is limited representation."
The committee, she said, received a variety of input, including a proposed family court rule and recommendation from the Family Law Section.
"We relied on the Family Law Section's research and we agree there is a need for limited representation in family law matters," Langer said. "We did not address any other rule changes."
The limited representation includes allowing lawyers to appear in court without undertaking the responsibility for the entire case from the client. Only two other states, Colorado and Arizona, allow limited representation and that does not extend to courtroom work, she said.
The final conclusions of the committee, Langer said, are:
* Acceptance of the Family Law Section's investigation showing unbundled services are needed in family law matters.
* No other section or committee indicated limited representation is needed in other legal areas, therefore the unbundled committee concluded none is needed at this time.
* Florida Bar rules as drawn allow limited representation envisioned by the Family Law Section in its proposed rule.
* Proposed Family Law Rule 12.040(d) should be addressed to ensure it conforms with candor-to-the-tribunal requirements in Rule 4-3.3.
* The Supreme Court should instruct the Family Law Rules Committee to draft a rule that specifically addresses limited representation in court.
Langer noted that the...
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