Limited Scope Legal Help for Family Matters in British Columbia

Hiring a lawyer for an entire family case can be out of reach. Limited scope help, often called unbundling, lets you pay for a lawyer's help with only part of your matter and handle the rest yourself.

This article explains the idea, how to divide tasks, and how it works alongside representing yourself in British Columbia. What is suitable depends on your case, so a lawyer can confirm how it would apply to you.

This article covers the law of British Columbia.

What limited scope help means

Unbundling means a lawyer provides legal services for part of a client's legal matter. The client and the lawyer decide which tasks each will do.

In practice, that means you stay in charge of your file. You might hire a lawyer for advice at a key moment, and then carry on yourself.

Tasks you might split

There is no single menu, because the division is agreed between you and the lawyer. Common ideas include the following.

• Getting advice on your rights and options before you decide what to do.
• Having a lawyer review a separation agreement before you sign it.
• Getting help preparing or checking court documents.
• Preparing for a mediation or a court hearing.
• Having a lawyer attend one specific step while you handle the rest.

Whether a lawyer will take on a particular task is up to that lawyer, so ask early.

How it works alongside representing yourself

Because you and the lawyer decide which tasks each will do, it helps to be clear about who is handling what, including deadlines, filing and gathering evidence. How this applies depends on your situation, so it is worth confirming with a lawyer. Clarity about this line is the most important part of the arrangement.

The Law Society of BC developed a Family Unbundled Legal Services toolkit with Mediate BC, including sample retainer agreements, available through Courthouse Libraries BC. Ask your lawyer to put the agreed tasks in writing and confirm the Law Society's current requirements for limited scope retainers.

Free services can fill gaps too. Family Justice Centres offer information, referrals and mediation through accredited mediators. Lawyer advice at a Family Justice Centre depends on your situation, and staff otherwise refer you elsewhere.

• Family Justice Centres offer free services to parents and other family members dealing with separation or divorce, including help with parenting arrangements, guardianship, child and spousal support, contact with a child, and property division for a companion animal.
• You can reach a Family Justice Centre Monday to Friday, 8:30 AM to 4:30 PM, at 1-844-747-3963, and services are also available by telephone and video conference for families separated by distance.
• Centres also provide a needs assessment, referrals to community agencies, a free Parenting After Separation course, and the Online Divorce Assistant, which only works where both spouses agree on all issues.
• Some referred services are based on financial need, so you may be asked about income.

Paying for it

Part 10 of the Family Law Act has no general costs provision. Narrower expense provisions exist, such as allocating children's lawyer fees among parties, assessment report fees, expenses of complying with disclosure orders, and fees for dispute resolution, counselling or programs.

In property disputes, the Supreme Court may order an interim distribution of family property to fund family dispute resolution, all or part of a proceeding, or obtaining information or evidence, if that would not be harmful to a spouse's interests and is necessary for one of those purposes. This applies only in the Supreme Court, only to family property at issue in a property division, and it is not a general costs order. Ask a lawyer whether it could apply to you.

Justice Access Centres also offer free family justice services. Mediation there is a neutral, informal setting where a trained mediator helps you discuss issues without giving legal advice.

If family violence may be a concern, family dispute resolution professionals must assess whether it may be present and, if so, consider how it may affect a party's safety and ability to negotiate a fair agreement.

What to do next

• List the parts of your matter where you feel least able to cope alone.
• Pick one or two tasks that matter most, such as advice or document review.
• Ask each lawyer whether they offer limited scope help and how they would define the tasks.
• Request a written description of what the lawyer will and will not do.
• Keep your own organized file of documents, dates and deadlines.
• If you are experiencing family violence and cannot afford a lawyer, ask whether a Family Law Centre can help; it offers free legal help to survivors, and you need at least one additional eligible legal issue.

Frequently asked questions