BOBBY J. BARNHART, JR.

ATTORNEY & COUNSELOR AT LAW

MEDIATOR - CONSULTANT

Need (or just want) legal services but cannot afford the exorbitant fees charged by most lawyers?

Want to represent yourself in a legal matter but fear being taken advantage of by those with more knowledge of the legal system?

I am an attorney practicing law in the State of Maine. I have over 15 years of experience in the practice of law. I have litigated in federal and state courts and represented clients in almost every area of the law, both criminal and civil.

In my practice I often see people who represent themselves in a legal matter. When a person who is not admitted to the practice of law appears in Court (or before any legal tribunal) without an attorney, he/she is deemed to be appearing pro se. There are very few people, no matter how intelligent, who are not putting themselves in harm’s way by appearing pro se (especially when the other party is represented by an attorney).

There are also many situations outside of the court room where knowledge of the law can be essential (e.g. adoption proceedings, drafting of legal documents such as contracts, preparing a will, and so forth). Even though there is no risk of loss of freedom (criminal), money (lawsuit), or right or privilege (e.g. eviction proceeding), you can avoid mistakes (which can be monumental in certain circumstances) if you have a legal professional guiding you.

As a practicing attorney, in most situations I am prohibited by the Bar Rules from approaching a pro se party and advising them they are headed toward disaster (there are many reasons for this rule, which I believe is a good one, but sometimes it is really hard to comply when I see a pro se party in over their head). But were I able to discuss the situation with them, they would most likely tell me one of the following things:

1. I would like to hire an attorney, but I cannot afford one.

The real question is: can you afford not to have a legal professional on your side? What if I could show you how to obtain the benefits of having the advice and assistance of an attorney without the high cost normally associated with such a relationship? 

2. My case is very straight forward and there is no way I can lose, so I do not need an attorney.

There is no such animal as a "sure thing" in the court room. While judges are generally more lenient and tolerant of pro se parties, there are limits and without knowledge and experience in law, you can make mistakes which can precipitate disaster. This is especially true if you are a criminal defendant.

3. I had an attorney but I did not like the advice he/she gave me.

An attorney is obligated by the Bar Rules to advise you to the best of his/her ability even if the advice is something you do not want to hear. Even if you hire an attorney in the capacity of "limited representation" [as discussed below], that attorney will advise you honestly and completely even if he/she knows the advice is something you do not want to hear; however, under "limited representation" you retain control of your case and if you elect to proceed against the attorney’s advice, you may do so at much less expense (though, perhaps, with potentially dire consequences).

4. My attorney did not pursue the case the way I wanted them to.

Attorney’s are bound by the Bar Rules to a very high standard which prohibits certain tactics which are popular on television and in the movies. Furthermore, attorneys are generally experienced enough to be able to read a judge and/or jury and make judgements to avoid tactics which they believe will alienate or sway the opinion of the judge and/ or jury toward the other side’s arguments. But if your attorney is appearing in a limited capacity, and you want to play Perry Mason, that is your choice (although likely a bad one).

5. This is just a _______ [Will, simple contract, title transfer, etc.], for goodness sakes, it doesn’t have to be perfect.

Wow! How many times do I hear that one. Poorly drafted (and/or legally deficient) documents can have minimal effect, but it can also have far reaching and disastrous consequences. Even if the effect is minimal, it can result in substantial unanticipated expense to get it corrected. In extreme cases such as a legally deficient Will, it can result in the document being rejected and you wishes being totally ignored. Having an attorney review your document before you execute it can save you a bundle down the road.

So where is all this leading? What service can I provide to address your needs at a reduced price? Well, read on!

The term used by the legal profession for the services I am offering is "Limited Representation" or "Unbundled Legal Services" and this is how it works:

After a consultation ($50 for one hour or less and $25 for each additional ½ hour - first payment of $50 payable in advance [no personal checks or credit cards]), if you and I determine that you can represent yourself, and/or can perform the legal tasks you desire yourself, with advice and guidance from a licensed attorney, we will design and enter into an agreement whereby I act in a limited role for certain specific purposes.

If you are interested and want to discuss this further or set up an initial consultation, call me today.

Following is an example of such an agreement for a "Limited Representation" arrangement:

LIMITED REPRESENTATION AGREEMENT

To Be Executed In Duplicate

Date: ___________, 20_____

1. The client retains the attorney to perform limited legal services in the following matter: _______________vs._________________.

2. The client seeks the following services from the attorney (indicate by writing "yes" or "no"):

a. Legal advice: office visits, telephone calls, fax, mail, e-mail;

b. Advice about availability of alternative means to resolving the dispute, including mediation and arbitration;

c. Evaluation of client’s self-diagnosis of the case and advising client about legal rights and responsibilities;

d. Guidance and procedural information for filing or serving documents;

e. Review pleadings and other documents prepared by client;

f. Suggest documents to be prepared;

g. Draft pleadings, motions, and other documents;

h. Factual investigation: contacting witnesses, public record searches, in-depth interview of client;

i. Assistance with computer support programs;

j. Legal research and analysis;

k. Evaluate settlement options;

l. Discovery: interrogatories, depositions, requests for document production;

m. Planning for negotiations;

n. Planning for court appearances;

o. Standby telephone assistance during negotiations or settlement conferences;

p. Referring client to expert witnesses, special masters, or other counsel;

q. Counseling client about an appeal;

r. Procedural assistance with an appeal and assisting with substantive legal argument in an appeal;

s. Provide preventive planning and/or schedule legal check-ups:

t. Other:

3. The client shall pay the attorney for those limited services as follows:

a. Hourly Fee:

The current hourly fee charged by attorney for services under this agreement is $___________

 

Unless a different fee arrangement is established in clause b.) of this paragraph, the hourly fee shall be payable at the time of the service. Attorney will charge in increments of one-tenth of an hour, rounded off for each particular activity to the nearest one-tenth of an hour.

b. Initial Payment:

An initial nonrefundable payment of $__________ will be made to the attorney via cash, bank check, or money order. This fee only covers the initial _____ hours of attorney time; after the initial _____ hours, an additional nonrefundable payment of $__________ will be made to the attorney for the next _____ hours of attorney time; after the aforementioned _____ hours, an additional nonrefundable payment of $__________ will be made to the attorney for the next _____ hours of attorney time; and so forth. NO PORTION OF ANY PAYMENT MADE TO THE ATTORNEY IS REFUNDABLE FOR ANY REASON UNLESS AGREED TO BY THE ATTORNEY. Any balance due shall be paid within thirty days of the termination of services.

c. Costs:

Client shall pay attorney’s out-of-pocket costs incurred in connection with this agreement, including long distance telephone and fax costs, photocopy expense and postage. All costs payable to third parties in connection with client’s case, including filing fees, investigation fees, deposition fees, and the like shall be paid directly by client. Attorney shall not advance costs to third parties on client’s behalf.

4. The client understands that the attorney will exercise his or her best judgment while performing the limited legal services set out above, but also recognizes:

a. the attorney is not promising any particular outcome,

b. the attorney has not made any independent investigation of the facts and is relying entirely on the client’s limited disclosure of the facts given the duration of the limited services provided, and

c. the attorney has no further obligation to the client after completing the above described limited legal services unless and until both attorney and client enter into another written representation agreement.

5. If any dispute between client and attorney arises under this agreement concerning the payment of fees, the client and attorney shall submit the dispute for fee arbitration in accordance with Rule 9(e)-(k). This arbitration shall be binding upon both parties to this agreement.

WE HAVE EACH READ THE ABOVE AGREEMENT BEFORE SIGNING IT.

             Signature of client                                       Signature of attorney