NICASTRO LAW, L.L.C.
62 Ainsworth Street
Roslindale, MA 02131-1941
ph: (617) 469-6498
fax: (617) 323-4509
alt: (866) 4-LAW-NIC
info
LIMITED ASSISTANCE REPRESENTATION "LAR"
At Nicastro Law, we are working diligently to provide high quality representation at a reasonable rate. Our attorneys are certified in limited assistance representation "LAR". What is LAR? Some refer to it as "unbundling legal assistance". Technically, LAR is what permits an attorney to assist self-represented litigants on a limited basis with civil matters, without undertaking full representation of the client on all issues related to a case. It provides a significant benefit in expanding access to justice for civil matters in selected Massachusetts Trial Courts (Probate and Family Court, Boston Municipal Court, District Court, Housing Court, and Land Court). However, an attorney is not deemed a "Qualified Attorney" for LAR unless and until, he or she completes an information session on LAR approved by the Chief Justice of the Trial Court Department in which the attorney seeks to represent a client on a limited basis. The "Qualified Attorney" may limit the scope of his or her representation of a client if the limitation is reasonable under the circumstances AND the client gives informed consent. A survey conducted in 1998 by the Boston Bar Association indicated that in over 2/3 of the family law cases, one or both of the persons going to court are "pro se" (meaning, self-represented). The problem is that too many of the pro se litigants are unable to finish their family law cases due to lack of understanding of the court process. With LAR, we can assist you. You can call us at NIC to discuss a certified limited assistance attorney representation which is right for you.
On March 23, 2010, the Honorable Charles R. Johnson, Chief Justice, of the Boston Municipal Court Department pursuant to the provision of G.L. c. 211B, Sec. 10 and G.L. c 218, sec 51A, and in compliance with the Order in Re: Limited Assistance Representation issued by the Massachusetts Supreme Judical Court effective May 1, 2009, issued Standing Order 1-10 Limited Assistance Representation in Civil Matters Only, where in conjunction with the other parts of such order, a "Qualified Attorney" may assist a client in preparing a pleading, motion or any other document to be signed and filed in court by the client, a practice sometimes referrred to as "ghostwriting" so long as the attorney complies with all of the rules of said order. For more information, please contact us.
LAR'S IMPACT ON THE COURT SYSTEM
How is Limited Assistance Representation (LAR) impacting the court system and consumers? On May 1, 2009, the Massachusetts Supreme Judicial Court permitted the use of Limited Assistance Representation in all of the state's trial courts. Each trial court department chief justice with the approval of the Chief Justice for Administration and Management could make LAR available in his or her trial court. Currently, the following courts have adopted LAR in all of their divisions for civil matters: Probate and Family Court, Boston Municipal Court, District Court, Housing Court, and Land Court.
Starting on April 15, 2010, to better serve our clients, NICASTRO LAW, L.L.C., attorneys have been certified in LAR. NICASTRO LAW, L.L.C., began offering LAR to complement its repetoire of full services to its customers. Currently, 70% of the litigants in Suffolk County are "pro-se" litigants, which means they are representing themselves in their legal cases. They are learning "how to" by "trial and error" or "on the job self-training." The increase of self-represented clients has presented a strain on the court system, slowing the process down at a time when the courts are not only backlogged with cases but suffering from severe budget constraints. The cost effectiveness of limited representation provides the consumer with the opportunity to have a lawyer, they may otherwise not be able to afford. At the same time, it presents the attorney with the opportunity to assist those clients who otherwise would have no representation at all. Further, the now Chief Justice of the Trial Court, Paula M. Carey, has said that "the benefit to the court system is significant." Massachusetts Lawyers Journal, July 2010.
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Copyright 2010 NICASTRO LAW, L.L.C.. All rights reserved.
NICASTRO LAW, L.L.C.
3 Allied Drive; Suite 303
Dedham, MA 02026
ph: (617) 469-6498
fax: (617) 323-4509
alt: (866) 4-LAW-NIC
info