Delaware Family Lawyer

Family Law Services

As of 2021, The Law Office of James Tobia, LLC is transitioning its Family Law Practice.  Going forward, we will no longer be accepting new clients for full traditional representation in Family matters.  Our Family Law services are now limited to:

  • Consultations
  • Mediation
  • Prenuptial and post nuptial agreements
  • Unbundled Services (also known as A La Carte Services or Limited Representation)

We understand that Family Law issues are among the most difficult and unique situations that clients will ever experience.  What is right for you and your family may not be right for the next family.  We have transition our family law practice to one focused on what is often referred to as Unbundled or “A La Carte” legal services.  It is also sometimes referred to as limited scope representation or discrete task representation.  In the traditional legal model, you hire a lawyer to represent you in every aspect of your legal action.  In some cases, you will need that.  But, in other cases, you may want limited legal assistance, starting with a consultation to help you understand the process and your options.

There may be times when people need to handle a family legal matter but wish or need to take on that responsibility themselves.  Some simply believe they are the best person to tell their story and protect their family interests.  Others may need to save money.  In fact, for whatever reason, a very high percentage of family cases are handled without any attorney.

If the other party to your case has a lawyer and you can afford one, it is probably best to hire a lawyer to represent you as well.  

But if you believe the situation is right for you and have decided not to hire a lawyer to represent you in court in the traditional manner, it may be a good idea for you to get legal help for the parts of the legal process that may become confusing, too complex or time consuming.  To meet these needs we provide a complete line of “a la carte” legal services to help you when you are preparing to represent your own family law case in court.

What are Unbundled or A La Carte Services?

The American Bar Association further explains unbundled services as follows:
“Unbundling, or limited scope representation, is an alternative to traditional, full-service representation. Instead of handling every task in a matter from start to finish, the lawyer handles only certain parts and the client remains responsible for the others. It is like an à la carte menu for legal services, where: [] clients get just the advice and services they need and therefore pay a more affordable overall fee;”
Think of it as a menu of legal services.  You choose which services you want or need and only pay for those discreet services.  Pick the menu items a la carte rather than ordering a full meal.  We offer the following A La Carte services:

•    Explaining Legal Process: We will help explain the legal process so you can better prepare your case and be more comfortable with the entire process.
  • Explain Documents and Deadlines: We can review and explain legal documents.
  • Document Review and Guidance: We can review and critique documents you receive and provide information on how to respond.
  • Document Preparation: In some situations, we can prepare documents for you, including in response to legal documents you have received such as a summons and petition, discovery, or a settlement.
  • Legal Research and Analysis: We can conduct the necessary legal research and analyze any legal information that may be relevant to your case.
  • Negotiations Preparations: We can advise you on what to expect and what to seek out during negotiations, and evaluate offers made to you.
  • Coaching (for example, giving you an idea of what will happen at a hearing or mediation session).
We offer each of these services individually and clients can take advantage of as many of these services as necessary to complete their case.

Limitations to Our A La Carte Services

With unbundled services:
  • We will not provide full legal representation services.
  • We are unable to track the progress of your case or manage any of your deadlines.
  • We will not communicate with the opposing counsel or the opposing party regarding your case or any part of the case, unless specifically outlined in our engagement agreement.
Your Responsibilities Regarding Your Case

When you self-represent your case, you must understand that you are responsible for all the following activities:
  • Management of all the deadlines for your case for submitting paperwork, evidence, and court documents.
  • Meet all deadlines and requests for discovery and disclosure requests.
  • Filing all the required Pleadings with the court and with opposing counsel.
  • Communicating with the court and opposing counsel.
  • Understanding all the Rules of Procedure, Laws and Court Rules that apply to your case.
In these very difficult times, we will lend a sympathetic ear and work to achieve what’s most important to you and for your family.

For more information and to schedule an initial consultation email or call the firm’s Wilmington offices directly at (302) 655-5303.

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