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Flat Fee Assistance |
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On May 1, 2009, the Supreme Judicial Court of Massachusetts expanded the Limited Assistance Representation (hereinafter "LAR") to include all
trial court departments. At Kelsey & Trask, P.C. we recognize that LAR gives us the opportunity to provide "unbundled" services to clients
at a Flat Fee, which can be a great service for clients of limited means.
Below we have provided answers to many of the common questions that we are asked about Flat Fee Assistance and the LAR program.
If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
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| What is Flat Fee Assistance (also known as Limited Assistance Representation?) |
Limited Assistance Representation (also called "unbundling") allows a lawyer to provide partial services to a client, limiting the attorney's
representation to only a specific matter while the client manages the remainder of the case. In Family Law, this often means that the lawyer either assists in the
preparation of court pleadings, but doesn't go to court, or agrees to only go to court for specific events. Limiting services in this way allows for greater predictability
in the amount of time an attorney might spend working on your case. This predictability allows us to provide a Flat Fee for many family law related services.
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| What are the advantages of LAR? |
Hiring an attorney to represent you in your family law case can prevent costly mistakes. If you sign agreements
you do not understand, you will still be stuck with the consequences. For example, in cases that could involve future alimony,
or complicated income or business issues, the choices you make now could create lifetime obligations.
We guide our clients through the court process ensuring they understand the documents and agreements they sign, or the
consequences of seeking the opinion of a Judge at trial. LAR allows you the option of hiring an attorney for advice, or limited
appearances without having to incur the cost of an attorney for your entire case. In many circumstances this also allows the attorney enough
predictability to be able to provide a flat fee service, something that is otherwise typically unusual in divorce litigation.
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| How do you set the fees for LAR? |
Every case is different, and although our hourly rate is standard, it is very hard to know how much time a particular case will take
especially in divorce litigation which often involves high emotions. The LAR program allows us to limit our representation in a way that allows greater predictability
in the amount of time we will have to spend on your case. After consultation regarding the type of services you want to limit our representation to and the complications involved in your case,
we are usually able to provide a flat fee that
we are willing to work for in those circumstances. If you then decide to hire us for further services we can agree to work on an hourly basis or work out a new flat fee
for those additional services. In each case, a Limited Assistance Retainer Agreement will be signed by both the attorney and the client, specifically stating what services
the attorney is to provide and what portions of the case, the client intends to perform on their own. |
| Does a lawyer have to be certified to provide LAR? |
The LAR program is an exception to the normal rules, in which attorneys file unlimited appearances and "ghostwriting" is frowned upon.
Under the LAR program, "ghostwriting" (writing pleadings on behalf of a client who will present them without counsel) and limited appearances are
permitted by the Supreme Judicial Court to give more parties the
opportunity to have legal advice even if they cannot afford an attorney for their whole case.
The program requires that attorneys participate in a training for LAR in order to be eligible to provide these limited services.
Attorney Kelsey participated in the required LAR training at the
Norfolk Probate & Family Court, when LAR was only a pilot program, before it was expanded in May 2009, and is therefore certified to practice LAR. |
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