Can LSR Do More Harm Than Good?

The question comes up, but it is a trick question.  The only accurate answer is “it depends.”  On what does it depend?

There are a number of factors that must be considered before offering LSR on a particular matter.  This list is not exhaustive, but here are several:

  • Complexity of applicable substantive and procedural laws
  • Capabilities of the prospetive client
  • Reasonably available alternatives

When Exxon merged with Mobile Oil, you can be certain that no one even entertained the option of offering their CEOs some LSR.  A contested probate matter with half a dozen heirs fighting over $10 million would also be unsuited for LSR.  In a similar vein, a prospective client with a cognitive disability–even in a very simple legal matter–may not be suited to use LSR services.

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