Much of the research and writing on access to justice issues in the last five years, including that of the Canadian Bar Association and Julie Macfarlane’s National Self-Represented Litigants Project, has discussed unbundling as a potential, albeit partial, remedy.
The idea here is that the usual full-service retainer, ever so commonplace in civil litigation, makes lawyers’ services unaffordable and prevents many litigants from accessing justice. (Professor Macfarlane’s landmark 2013 study on the issue of self-representation found that “inability to afford to retain, or to continue to retain, legal counsel” was the overwhelming reason why the litigants she spoke to . . . [more]