June 20

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How to “Do-It-Yourselves” Oregon Divorce & Family Law Issues Using “Limited Scope” Lawyers

By Samantha Malloy

June 20, 2024


In this final post of our graduation series, we're addressing how you can have more left over for your graduate.

In case you missed it, here are the other 3 posts in this series:

As mentioned before, most Oregonians don’t have legal help in their family law cases. There’s a broad “middle” between those who can get free legal services and those who have the thousands needed to hire lawyers to represent them. 

This post is for you if you find yourself in this “middle,” and are curious about how “limited representation,” “limited scope legal representation” or “unbundled services” could work for you.

One way to think about limited scope divorce services is the menu analogy.

Using the "Menu Analogy" to Understand the Difference Between Traditional Legal Representation and Unbundled Legal Representation

Restaurants can offer different types of menus. “Set-price menus” give you a set price with a choice between several options for each of: appetizer, main course, and desert. “Value meals” are another example where you pick your drink, side and sandwich. Other restaurants give you an “a la carte” menu where you choose whether and what appetizer, main course and/or dessert.

Traditionally, lawyers only offer the set-price menu but without a guaranteed end price. Most family lawyers will only tell you their hourly rate.

(For more on this, see What Makes Family Law Cases Expensive)

Traditional legal services work more like your home communication services that “bundle” your phone, internet and television together. Your cell/internet company knows it’s easier, and therefore more profitable, to make 1 (higher price) sale of 3-services than to sell 1 individual service to 3 customers. Unlike telecom though, lawyers don’t generally fix the price (unless they offer a legal subscription). 

A La Carte: How Unbundled Legal Services Work

“Unbundled” or “limited scope” legal services let lawyers work with clients differently.

With an unbundled or limited scope lawyer, you the client gets to pick and choose when and how you get legal services. This is like the a la carte option on a menu.

You can think about limited legal services in terms of the tasks, such as writing, research, presenting your arguments, etc., or your case phase, such as filing paperwork, gathering information, going to court, etc. 

The way we break it down at Rogue Family Law is by what you need: legal information, legal advice, legal coaching, and legal tasks.

Legal Information: 

Your journey should start with a map and the rules of the road so you are knowledgeable about what lies ahead. The map should outline the legal process – the steps you need to take, the phases your case will go through and outline the destination. The rules of the road include understanding the law about your issues.

This can include:

  • Parenting-both custody and parenting plans
  • Support (child and spousal)
  • Division of property and assignment of debt
  • Identifying the paperwork requiring
  • Explaining the legal procedures you must use

At Rogue Family Law, we offer information in the form on on-demand and live/guided Legal Workshops, which are courses you can take which contain Oregon-specific divorce information taught by Oregon Family Law Attorney and Rogue Family Law Founder Samantha D. Malloy.

Legal Advice: 

After you get the big picture, you will need to translate the legal information you gained to your specific family law case, so you are empowered to create solid strategy that aligns with your goals. Legal advice includes the likely range of outcomes will be in your case, which factors are likely to impact your case and what legal strategy and procedures to use. 

Examples include picking between mediation or judicial settlement, how temporary orders can help, and which targeted relief requests to make.

Other consulting topics include:

  • Explaining how the law applies to your life/family/facts as known,
  • Assessing likely outcome ranges and identifying the most critical facts
  • Discussing legal strategy, and how to deal with what the other side is saying or will say.
  • Clarifying and prioritizing your goals with the best available arguments,
  • Problem solving – identifying legal issues and alternative solutions and strategies for them

Legal Coaching: 

Once you have seen the map and charted your course, you need personalized support and guidance to get to your outcome with confidence. Whether you want step-by-step guidance or occasional tips and check-ins along the way, coaching keeps you focused so you can perform what you need to do in a way that will get you the results you want.

Examples include:

  • Building and enhancing your own skills and abilities to present your case as convincingly and effectively as you can in a way designed to help the judge give you what you want.
  • Organizing and managing your legal work
  • Recognizing and resolving your dilemmas
  • Developing a plan of action focused on the “big” picture
  • Implementing the plan

Legal Tasks (aka doing): 

You may wish to hire a lawyer to do the behind-the-scenes legal work. In theory, you could hire a lawyer to cover a hearing or trial, but most lawyers aren’t comfortable going to trial without ensuring that they’ve done the necessary and proper preparation themselves.

Legal tasks could be:

  • Preparing letters or court filings such as petitions or responses, motions and judgments/order
  • Doing legal research to find prior cases to support a particular request that falls within the range of outcomes a judge could make
  • Investigating a case factually, such as identifying discovery requests and resources to find evidence
  • Drafting Trial Memos for the court
  • Organizing exhibits for court

At Rogue Family Law, we have created a tool that guides you to write your own court paperwork (motions, responses, etc.), with or without having us review them for you called our Document Portal.

Getting Unbundled Help at Rogue Family Law 

As of 2022, Rogue Family Law exclusively works with Oregon individuals to represent themselves ("pro se") in court, but we aren't the only ones. There are other Oregon lawyers who also will unbundle their services. Check their website or ask them if they are open to working with you as you represent yourself.


Related Articles

1. What If I Can’t Find a Lawyer Who Can Help Me OR I Find Lawyers Who Can’t Help Me Right Away

2. Between a Rock and a Hard Place: How to Get Unstuck When You’re Self-Represented

3. Why You Should Budget Your Family Law Case Like A Vacation

4. How to Reduce the Costs in Your Family Law Case

About the Author

Rogue Family Lawyer Samantha D. Malloy has been rated a “Super Lawyer" each year since 2020. She has over 30 years of experience handling complex cases in Oregon, Florida, and New York. She's also won the American Jurisprudence Award in Child, Parent and State and the Judge Aileen Haas Schwartz Award for Outstanding Work in the Field of Children's Law from New York University Law School.

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