The merits of unbundling?

Law firms should embrace unbundling and do more to market it to clients, according to the Legal Services Board (LSB).

The LSB and Legal Services Consumer Panel, its consumer wing, published new Ipsos Mori research with consumers, lawyers and judges this week.

Unbundling is where legal services are broken down into separate parts, which are then shared between the lawyer and the client. For example, a client could opt to save money by preparing their own evidence and instructing a barrister for representation.

The research, Qualitative research exploring experiences and perceptions of unbundled legal services, found that clients’ primary reasons for choosing unbundling were reduced cost and greater control.

Unbundling is increasingly offered by solicitors. However, whether or not unbundling was an option tended to be identified during the initial client interview rather than being actively marketed. The research highlighted some concerns, for example, the client receiving advice based on limited information or there being a lack of clarity about the scope of work involved.

Members of the judiciary also highlighted these potential difficulties but said that, if full representation could not be obtained, some legal assistance ought to be beneficial.

Legal Services Consumer Panel Chair, Elisabeth Davies, says: “We've known that the unbundling of legal services has been going on for some time.

“This research supports the view that unbundling can be used to broaden access to justice, and it's reassuring to see this method of service provision working hand in hand with DIY law. It's a natural response to the cuts in legal aid funding and wider financial struggles, and is indicative of the profession adapting to meet the needs of today's consumers and helping to empower them.”

She adds: “It is crucial that the more vulnerable consumers, including those who lack the confidence or knowledge to unbundle, are taken into account in other ways. Unbundling is an important part of a wider solution.”