by questful | Mar 15, 2021 | Legal
Unbundled legal services (also known as limited representation) can be a cost-effective way to obtain advice from an attorney without full representation in court. This type of representation provides the client with some control over the costs of litigation because the attorney’s services are provided on an as-needed basis. Examples of limited representation include, but are not limited to:
- Consultation and case evaluation
- Assistance in completing court-approved forms
- Drafting of court papers or briefs
- Representation at mediation
- Representation at a single court hearing
- Negotiation of settlement agreements
Oftentimes in unbundled cases, the client will remain the point of contact for the court, and thus required to stay on top of what occurs in the client’s case. Also, if the client chooses to participate without full representation, the client will be bound to the same rules of civil procedure as licensed attorneys.[1] Of course, if the client determines that full representation is needed the attorney can agree to enter a formal appearance in the case at any time.
Limited representation may not make sense for complicated or highly contentious court matters. If you are interested in unbundled legal services you should speak with an attorney.
Nicole Hanson
Hanson Law Firm, LLC
44 Cook St., Ste. 100 | Denver, CO 80206
Ph: 303.459.2393
www.nhansonlaw.com
by questful | Nov 6, 2020 | Legal
Colorado is one of a few states that continues to recognize common law marriage. It is often misunderstood that a common law marriage can be established after a couple has cohabitated for certain period of time or simply by filing joint tax returns. The Colorado Supreme Court recently reconsidered the issue of common law marriage, stating that “the core inquiry is whether the parties intended to enter a marital relationship—that is, to share a life together as spouses in a committed, intimate relationship of mutual support and obligation.”[1]
If a common law marriage is disputed, the matter may proceed to a court hearing. The party wishing to prove a marriage will need to present evidence to prove “mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.”[2]
Absent an express agreement to be married, the court will consider the couple’s conduct to determine whether the couple mutually agreed to be married. The two factors most often cited in establishing an intent to be married are cohabitation and a general reputation in the community that the couple was married.[3] Evidence of the parties’ intentions with respect to common law marriage may also be proven with joint tax returns, joint ownership of property, joint bank accounts, designation of the other party as a spouse on health insurance, medical or employment forms, designating the other party as a beneficiary on retirement and investment accounts, sharing of a family name or surname, evidence of a marriage “ceremony” or the exchange of rings.
Since every relationship is different, a court is required to consider the couple’s conduct “in context” and consider the totality of the circumstances.[4] If you have questions about common law marriage contact an experienced attorney.
[1] In re Marriage of Hogsett & Neale, 2021 CO 1, 3.
[2] In re Marriage of Hogsett & Neale, 2021 CO 1, 3.
[3] Whitenhill v. Kaiser Permanente, 940 P.2d 1129, 1132 (Colo. App. 1997); Smith v. People, 64 Colo. 290, 170 P. 959, 960 (1918); Taylor v. Taylor, 10 Colo. App. 303, 50 P. 1049 (1897); People v. Lucero, 747 P.2d 660 (Colo. 1987); Thimgan v. Mathews, 74 Colo. 93, 219 P. 211 (1923).
[4] In re Marriage of Hogsett & Neale, 2021 CO 1.
Nicole Hanson
Hanson Law Firm, LLC
44 Cook St., Ste. 100 | Denver, CO 80206
Ph: 303.459.2393
www.nhansonlaw.com
