Unbundled Legal Services are specific identified services to be purchased on a separate hourly basis, rather than than paying for a lawyer's services on a general “retainer."
While on a retainer, the lawyer performs all legal work needed for a certain matter. However, when unbundled services are purchased, only those specific services, which are identified and agreed upon between the client and the lawyer, are performed for the client by the lawyer. Some of the commonly requested unbundled legal services are listed below:
Reviewing Documents:
An attorney is hired to review documents prepared by another lawyer, a mediator, or by a legal document assistant and to advise the client regarding the legal effect of the document. Ms. Hirvela, a family law attorney, is hired to review Marital Settlement Agreements, Prenuptial and Postnuptial Agreements.
Consulting:
Parties in “pro per” often feel more comfortable when they have a “consulting” attorney, whether the matter is being handled in mediation or in litigation. The “consulting attorney” is someone who can provide legal guidance to the client, without attending court, at a fraction of the cost of full representation.
Consultations include assistance and review of Marital Settlement Agreements, "MSA," Prenuptial or Cohabitation Agreements, and other legal documents.
Drafting:
Unbundled services include help drafting legal documents such as Marital Settlement Agreements, and Prenuptial or Postnuptial agreements. (See FAQ's)
Prenups
"Prenup" is a slang term for a “prenuptial," or premarital agreement – i.e. an agreement entered into “before the wedding vows” (A “postnup” is a “post nuptial” or postmarital agreement--- entered “after the wedding vows.”)
Considering a Prenup?
Preplanning with your partner opens up essential conversations about money and with that, conversation about values. How do you spend your money? How does your intended spend money? These are important areas to discuss before combining lives. Asking these questions is not being fatalistic. Some say this openness and clarity actually promotes a healthier relationship. Having taken these precautions, “just in case” the marriage ends in a separation or a divorce is a precaution so that neither person would be “caught off guard” financially if the marriage did terminate by legal separation or divorce.
If the married couple does not have a legally binding agreement, either prenuptial or postnuptial, and later they dissolve their marriage, the Family Code automatically controls what happens to marital assets and debts. This can cause an arbitrary division of property, which all to often, creates hardships and causes hard feelings. On the other hand, a couple who had a proper prenuptial or a postnuptial agreement drawn up has preset the distribution of their assets and debts, “just in case” their marriage should end by separation or divorce.
Effectiveness of Prenups
Fortunately, in California, since the case of San Francisco Giants’ Barry Bonds received so much attention, the law about such agreements is more developed. Now, the courts are more likely to uphold a prenuptial or postnuptial agreement so long as it meets the following requirements:
1. It must be voluntarily signed after a full and open disclosure between the parties of the facts concerning each party’s income, expenses, assets and debts. 2. It must be signed enough ahead of the wedding date so there is no duress in signing. (Usually, this means more than 7 days in advance of the date.)3. If the agreement contains certain types of terms, the Courts will require that each party has had independent advice of counsel. As this has been a changing area of the law, parties should take every precaution, with the goal that the agreement will hold up if and when it is needed.
(* Effective January 1, 2005, Family Code § 297.5 provides that Registered Domestic Partners have the same rights and responsibilities as spouses, so if they have a Cohabitation Agreement, they would retain control rather than having the Family Code control their finances should they separate. )
"UNBUNDLED" LEGAL SERVICES
VENTURA COUNTY DIVORCE MEDIATOR
COLLABORATIVE ATTORNEY
"Divorce Without Court" lowers your costs and lessens your stress.
Email: ellen@hirvelalaw.com
Phone: (805) 482-9340
Member State Bar of California, Ventura County Bar Association
Member Coalition for Collaborative Divorce
Member International Academy of Collaborative Professionals
(805) 482-9340
Ellen Hirvela Russell
COPYRIGHT © 2011 Ellen Hirvela Russell
