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Hard Times Force People into Family Court "Solo": Consider Divorce with Limited Scope Representation

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By The Law Office of Susan W. Wakefield

Published:  May 13, 2009

The latest statistics in Connecticut indicate that due to the recession and increasing hourly rates charged by lawyers, a significant number of people are entering the family courts without an attorney. The high cost of legal services, coupled with the dire economic times, is pricing many people out of traditional retainer-based legal services and driving them into the courts on a “pro se” basis, meaning appearing in court on their own behalf. Pro se litigants now comprise more than fifty percent of the family court docket. According to judges, lawyers, and courthouse officials across the country, clerks are spending more and more time assisting parties who are unfamiliar with court forms and procedures, further taxing an already burdened court system. As a result, the courts are inundated with faulty paperwork and confused litigants, increasing the time and effort required to finish even a simple family case. Pro se parties are not just people who fall into a low income bracket, but also include middle class litigants who are experiencing unfavorable economic conditions and are unable to afford a traditional full-service family attorney. However, pro se litigants include many independent-minded consumers of legal services who demand more control over their case than the traditional model affords. For many individuals who have been negatively impacted by the downturn of the economy, self-representation today is not a choice – it is a necessity.

Limited Scope Representation, also referred to as Legal Coaching, is an affordable way for individuals to represent themselves while working with an attorney whose experience, guidance and knowledge helps to ensure that their rights are protected and that they have the information needed to make good choices. It also gives individuals the confidence needed to navigate through what can be a complex and intimidating court system. Working toward a positive and cost effective resolution to legal matters, Legal Coaching reduces the exorbitant costs associated with retaining an attorney to take full ownership of a case and removes a lot of the fear and uncertainty associated with not having an attorney’s representation. Legal Coaching is a way for all self-represented parties to get the legal advice and guidance needed to arrive in court prepared with the proper paperwork and realistic expectations. Working as a team, the parties and their limited representation attorney determine the steps necessary to prepare their case and move it through the system properly and efficiently, in terms of both time and cost. Individuals who are committed to reducing their legal fees decide the extent and degree of the attorney’s involvement, and the case and its associated costs and fees remain in their control at all times. Some attorneys may restructure retainer agreements and fees to better accommodate self-represented individuals.

Although some attorneys remain skeptical and resistant to individuals seeking to represent themselves, the reality exists that self-representation is on the rise. Legal coaching provides the means to better ensure that your self-representation brings positive results.

Last modified:  May 13, 2009 04:33 PM


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