What Is a Limited Scope Retainer for Family Law in British Columbia?

You may be handling your own separation because full representation is out of reach, but you want a lawyer to help with the parts that matter most. A limited scope retainer is built for that situation.

This article explains what unbundled services are, how tasks can be divided, and what to watch for so that partial help does not leave you exposed. Whether this approach suits you depends on your facts, so use this as a starting point for a conversation with a lawyer.

This article covers the law of British Columbia.

What a limited scope retainer means

A retainer is the agreement under which a lawyer acts for you. In a limited scope retainer, often called unbundling, a lawyer provides legal services for part of your legal matter, and you and the lawyer decide which tasks each will do.

That is different from full representation, where a lawyer manages the whole file from start to finish. With unbundling, the agreement between you and the lawyer sets out which tasks each of you will do, so it is worth being clear about what falls outside the lawyer's part.

Tasks people commonly hand off

Which tasks make sense depends on your case. People often think about the following, and a lawyer can tell you which are realistic for your file.

• Getting advice on your rights and options before you negotiate.
• Reviewing a separation agreement or draft order you have been given.
• Helping you prepare for mediation, or reviewing what came out of it.
• Drafting or checking court documents that you will file yourself.
• Appearing at one hearing while you handle the rest.

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. Family Justice Counsellors, who are accredited mediators, provide mediation, and child support disputes can use facilitated negotiation with a child support officer.

Using the toolkit and public services alongside a lawyer

The Law Society of BC developed a Family Unbundled Legal Services toolkit with Mediate BC, including sample retainer agreements, available through Courthouse Libraries BC. You can ask a lawyer whether they use it, and reading a sample agreement beforehand helps you know what to expect.

Some referred services are based on financial need, so you may be asked about income. Combining a few paid tasks with free services can stretch a budget, but the pieces need to fit together.

Risks to watch for

Partial help works best when everyone understands where it stops. These are the common trouble spots.

• Unclear boundaries: you assume the lawyer is watching a deadline or reading a new document, but that was not part of the agreed tasks.
• Missed steps: who is responsible for a particular form or date depends on the tasks you and the lawyer agree on, so ask to have it spelled out.
• Changing circumstances: a case can grow more complicated, and the agreed scope may no longer fit.
• Family violence: dispute resolution professionals must assess whether family violence may be present and consider how it may affect safety and the ability to negotiate a fair agreement. Tell your lawyer if safety is a concern.
• Required processes: in some regions, Early Resolution Registries require specific steps before a Provincial Court family case proceeds. Ask who is responsible for those steps.

What to do next

• Write down the exact tasks you want help with and the ones you will do yourself.
• Ask the lawyer to put the scope in writing, including what happens if the matter changes.
• Ask who will track deadlines and who will receive documents from the other side.
• Ask how and when the lawyer can be reached between tasks.
• Confirm in writing what is not included, and what extra help would require.

If you are unsure whether unbundling suits your situation, a lawyer can review your facts and suggest which tasks to prioritize.

Frequently asked questions