Family Lore Focus

SUSSKIND IN ACTION

'Red File' - A new model for providing divorce
remedies

Mogers Solicitors, in Bath, have stepped into the legal services debate with
“Red File”, a new model for providing divorce remedies. The divorce and ancillary
relief process are broken down into component parts and the client, who
represents themselves, can choose at each stage whether or not to request
assistance under the scheme. If they do choose to have assistance then they pay
a fixed fee for that element alone. The client and lawyer then meet, or work by
telephone; to complete the relevant section and the client retains the responsibility
for filing documents and managing correspondence.

In doing so, a different approach to alternative law provision is seen.

Neil Denny, of Mogers explains that it was possible to launch such a product
despite the fact that it might be against the conventional interests of legal firms:

“There were three points that we had to accept. Firstly, clients often want to retain
responsibility for their own cases, whether arising out of a sense of autonomy or
by financial circumstances.

“Secondly, the profession will soon have to accept that many clients will be able to
largely, if not completely, conduct their own divorces and many financial
applications. There are excellent online resources providing information and
guidance to our potential clients. We cannot deny that. Take Divorce Online as an
example. There is a wealth of information on Mark Keenan’s pioneering, and
incredibly successful site which is freely available, even to non-clients of Divorce
Online.

“Thirdly, those clients who want to manage their own divorce are going to do it
anyway. On that basis, we might as well re-evaluate how we relate to them and
see how we can support them in their efforts.”

Neil also feels that the debate on family law services has become too narrow. “It
has become polarised between online or DIY divorce and full representation. There
is a whole spectrum of needs and potential service models in between those
extremes. Susskind touches upon this in his book “The End of Lawyers?” with his
chart showing the “Evolution of Legal Service.” What starts out as bespoke legal
services will develop into a standardized process, into a systematized process,
before further evolving into packaged and finally commoditized services.“

Neil concludes: “Red File is simply about crediting the client with the ability to take
responsibility themselves and respecting their wishes. It is about offering choice.
It is about shaping up for the future market. It is impossible to second guess what
new models non-traditional law providers will introduce following the full
implementation of the Legal Services Act. They will not be shackled by, or be
starting from, the existing paradigms of hourly charging rates. As a result they will
be free to innovate and potentially move ahead rapidly in the affections of the
market place.”

14th January 2009.