Problem: You need an attorney, but you can’t afford one

Solution: Using a Notice of Limited Scope, have attorney do only part of your case

Have an Attorney Represent You for Only One Issue or Only One Hearing

Lawyers can do “limited-scope” representation.

Beginning in July 2003, California adopted a Notice of Limited Scope Representation form (FL-950) which permits lawyers to be the “attorney of record” for only one issue (such as child custody/visitation or child support) or for a limited hearing (such as the hearing set to occur on Dec. 30, 2009). (See Rules 3.35-3.37 and 5.70 and 5.71.) This way people who cannot afford an attorney for the entire case can afford an attorney to come to one hearing or do a part of their case. For example, Attorney Yeamans often does only discovery regarding your custody/visitation evaluator---obtain all their documents regarding your case, take their deposition and/or examine only them at hearing or trial.

Caution: Lawyer may have to study entire file to represent you at only one hearing

If you have a long history of conflict with your ex, and a visitation motion is pending, in order to represent you, the lawyer would have to learn this long history not only by talking to you but by reviewing a multi-volume (or multi-box) file. This is expensive. You might decide to have Attorney Yeamans only write up one set of papers for you instead of having her review the entire file. This office crafts its services to fit your budget, understanding that many litigation budgets are limited.

Sometimes it is more effective to represent yourself

If you have something coming up, such as an emergency screening, that is completely dependent on a detailed factual knowledge of your case, it is sometimes better for you to continue to represent yourself at that than to send in a lawyer. If a lawyer not wholly familiar with your entire life rushes into a emergency screening, the other lawyer or your ex begins making a lot of accusations, and the newly retained lawyer has no way to answer them because there was no way to anticipate them. You, being familiar with your case, could answer them the minute they’re brought up to you, and sometimes this timely response is absolutely necessary.

Who cannot represent themselves

(1) People with heavy accents who cannot always be understood may need to have an attorney, or they may need to bring a translator to the hearing. Even though you may speak English well enough for daily purposes, the stress and rapid pace of court may mean you need a translator so everyone can tell what you’re saying.
(2) People who have ADD, ADHD, or PTSD related to the divorce may need an attorney.
(3) Of course, many other people cannot represent themselves, but these surely cannot.

Attorney can write your papers and not be disclosed

If you cannot afford for the attorney to come to court, or if it is better for you to represent yourself, Attorney Yeamans can write your court papers for you, and you do not have to disclose that she has helped you. (Rule 3.35(c)(2).) However, if you want to request that your ex pay attorney fees for these services, you will be required to disclose various facts about the attorney’s services. (Rule 3.37(b).) If you do not make a fee request, the attorney’s assistance to you need not be disclosed. Of course, if the papers are written using language you would not know, your ex can figure out that you obtained help from somewhere. However, sometimes in trying to keep conflict to a minimum, it can be helpful not to disclose that you’ve consulted counsel; otherwise, your ex might feel compelled to obtain their own counsel, and things can escalate from there.

Conclusion

Even if you cannot afford counsel to do your entire case or to appear in court, you can obtain some form of limited-scope services by contacting Attorney Yeamans as (408) 867-8137. Our office prefers to render services that are cost-effective for you. Services like sitting a courtroom waiting (for which attorneys must either charge or go broke), continuing appointments/hearings, etc. are not particularly gratifying to us as this office prefers to provide you with services that meet your needs but minimize your costs.