Defamation - Guest Post by Gigi King

People can cause harm to someone’s reputation, this is a tort, and it is called Defamation. There are two types of defamation, one is called Libel and the other is called Slander.

If the statement is written it is called Libel, if the statement is spoken, it is called slander. A person can be injured causing damage to his/her reputation and can sue for damages under the theory of defamation.

When suing someone the burden is on the plaintiff, the person suing, to show proof such as:

1. The person who made the statement was in fact the real person.
2. The person actually published the statement
3. Damage occurred to the Plaintiff’s reputation
4. The person did not have consent
5. The statement was a lie

In 1735 in the Zenger case, John Zenger published a weekly newspaper article that was critical of an appointed New York mayor, the governor had Zenger arrested and tried for seditious libel. At that time, Congress had passed the Sedition Act of 1798 which made it a crime to criticize the government. Congress and the Courts eventually dismissed the act and now focus on recovering damages in civil cases.

There is a thin line between Defamation and freedom of speech; people are free talk about whatever they choose to as long as it is truthful. Actually damage has to be shown in order to sue for damages. (Ex: you lost your job; you got kicked out of a club or an association or your community).

Actual malice has to be proven but for public officials, celebrities and movie stars, because they could only win a defamation suit if the statement was published with actual intent to harm the public figure or celebrity; the person knew at the time the statement was made, it was a lie, and did not care. This exposed the person to ridicule, loss of friends, created a negative smear on the plaintiff’s character, you must also have the libel or slander documents or audio file.

Any damage to a person’s reputation can cause mental anguish, emotional distress and cause financial hardship as well. They say sticks and stones may break your bones, but words can actually hurt you. In Florida the statute of limitation for a person to file suit is two years.

There are categories of untrue statements which are presumed to be harmful a person’s reputation they are:

1. The person was involved in a crime
2. The person has a contagious disease
3. The person was involved in a sexual act of some form: child molestation, rape, kidnapping, gay, etc.
4. The person is engaged in illegal or unfair business practices.
5. The person abuses drugs and alcohol

General damages can be awarded for past and future harm, mental and emotional anguish, personal humiliation; special damages can be awarded for economic loss of employment, punitive damages can be awarded when the defendant’s actions were willful or maliciously.

If the defendant can prove the statement was in fact true an action for defamation cannot survive.

Sources Cited

www.wikipedia.org

Dinosaurs in a Blizzard.

This article is not about dinosaurs or weather. It is about what happens when a creature fails to adapt to a changing environment. Attorneys can rail all they want about the changes in the way people access the legal system, but it will ultimately be their own downfall. Try as they might, attorneys are not going to be able to turn back time. They aren't going to be able to reset the clock to the days when the first and only choice consumers had for anything legal was to immediately go out and retain counsel.

The internet opened up to wide public use in 1995. Since then, the internet has become a way of life for many Americans. A center for their social network, a place to find work, an easy way to shop, and most of all a place to find information. Including legal information. Now that consumers can readily find legal information, they can then make an informed decision regarding many of their own personal and legal matters. Sometimes they'll seek an attorney, sometimes they won't. Sometimes they'll hire a legal document preparer, sometimes they won't.

I found the following on the Florida Bar's site. It is part of a Consumer Pamphlet titled:

 "Hiring The Right Person To Help Me With My Legal Problems Pamphlet "

There will probably come a time in your life when you will need or want to seek legal advice or services. One of the first questions you may ask yourself is whether you need a lawyer, or whether a nonlawyer could assist you instead. This consumer pamphlet is intended to help you make an informed choice.

I recently saw an advertisement in the paper from someone who called himself a paralegal, which said he could help me with my legal problem for a lot less than a lawyer. Can this person really help?

Florida Bar says:

No, a nonlawyer cannot help you with your legal problem. 

Legally, only a licensed member of The Florida Bar can help you with your legal problem and give you legal advice. A lawyer’s job is to make the law work for everyone. Consumers often use the services of lawyers to help them draw up wills, handle real estate transactions, and other important legal needs. If a nonlawyer attempts to help you with your legal problem, that person may be prosecuted for the unlicensed practice of law (UPL) and your case may be affected.

I say:

It depends on what your legal problem is. Granted a nonlawyer document preparer may not give legal advice. But needing legal advice may not be the problem. Maybe a consumer only needs documents properly prepared. Maybe a consumer only needs information about procedure. Remember, there is no specific law school course that focuses on document preparation. Attorneys generally rely on paralegals or software for document preparation, and may not be personally familiar with preparing documents.

But this person is a paralegal. Doesn’t that mean they have training or that they work with a lawyer?

The Florida Bar says:

No. In fact, so many people were being misled about the titles “paralegal” and “legal assistant” that the Supreme Court of Florida passed a rule saying that it is not proper for a nonlawyer to use those titles if they are providing services directly to the public. Paralegals working in a law office often do have training and are often certified. They also have a code of ethics that they must follow, and work under a lawyer’s supervision, not on their own. Nonlawyers who do not work for a lawyer may not have any training and should not be using the title “paralegal”.

I say:

If a document preparer, who offers services directly to consumers, is refers to himself as a "paralegal" or "legal assistant" - I'd stay away. One of the very few clear cut rules regarding the unauthorized practice of law is that document preparers may not call themselves "paralegals" or "legal assistants". A "paralegal", and a "legal assistant", by definition, is supervised by an attorney; and document preparers are not. If a document preparer is unaware of that one very basic rule, it is likely that the document preparer is also unaware of other important information; AND is not a member of the Florida Association of Legal Document Preparers (FALDP). Members of FALDP must meet set standards to join; adhere to a code of ethics; and have an opportunity to become FALDP Certified. Document preparers may or may not have formal training. The use of the title "paralegal", in this context, has more to do with attorney supervision than training. Document preparers often have extensive training; many were formerly paralegals; some are retired attorneys or attorneys from other countries or jurisdictions.

What can this nonlawyer do for me?

The Florida Bar says:

The only thing the nonlawyer can legally do for you is to sell you a pre-printed form and type in the information that you provide to them. A nonlawyer cannot tell you what information you should put on the form, or even what type of form to use, and cannot help you fill it out. Basically, the nonlawyer can act as a secretary or typist.

I say:

The Florida Bar answer is partly correct. However, in addition to selling pre-printed forms and typing information, nonlawyers can assist consumers by locating a specific form for the consumer. It is a common request. Consumers contact document preparers and say they cannot find a specific form and ask for assistance in locating it. Consumers also often struggle understanding the instructions that accompany the Florida Supreme Court approved forms. The form instructions frequently delineate which forms must be filed simultaneously; and a document preparer can point out these instructions to the consumer. Document preparers can also answer procedural questions - such as:

• what happens next in my case?
• what happens after the other party answers the complaint?
• how long does the other party have to answer my petition?
• how do I efile? can a pro se litigant efile?

How do I know if the form provided by a nonlawyer is right?

The Florida Bar says:

You do not. You cannot rely on the nonlawyer to do it right. You are really representing yourself.

Again, nonlawyers can only supply forms and type in the information you provide.

I say:

Consumers who use document preparers are self-represented. And document preparers may not choose which forms a consumer is to use. Form selection is up to the consumer; and the forms are completed according to information provided by the consumer ... so any error is ultimately the responsibility of the consumer. Consumers who use document preparers are encouraged to educate themselves about their issue, and learn the applicable procedural rules. Through this self education consumers can become empowered in pursuing their own best outcome.

However, consumers can rely on document preparers to complete the required forms correctly. If a document preparer makes errors in completing documents, the consumer's recourse is the same as with any service provider: request corrections/ revisions; demand return of monies paid; or sue.

The ad says that nonlawyers provide the same services as a lawyer. Is that true?

The Florida Bar says:

No, that is not true. A lawyer can give you legal advice and go to court with you. A nonlawyer cannot give legal advice and cannot go to court. There are other important differences between a lawyer and a nonlawyer:

I say:

No, that is not true. Any document preparer who claims to offer the same services as a lawyer is an unauthorized practice of law investigation waiting to happen. And an FALDP member who claimed to provide the same services as a lawyer would be immediately reprimanded, and potentially face termination of membership.

The Florida Bar says:
• Lawyers are required to have a college degree and a law degree. There are no legal education requirements for nonlawyers.

I say:

Prospective FALDP members must submit a written application -- not all applicants are invited to join. Prospective members must agree to a background check; meet set standards posted on the FALDP website; and agree to abide by the FALDP Pledge.

The Florida Bar says:
• Lawyers are required to pass a stringent admittance examination to determine their competency, as well as a thorough character and fitness investigation, before being admitted to practice law. There are no such requirements for nonlawyers.

I say:

Certain specific red flags generally prevent an applicant from joining FALDP. Some of these specific red flags are: an applicant who is a disbarred attorney; applicants who have committed financial crimes; and applicants who have engaged in the unauthorized practice of law.

The Florida Bar says:
• Lawyers are required to maintain current legal education and take ethics courses periodically. There is no continuing education requirement for nonlawyers.

I say:

FALDP Certification requires at least 10 Continuing Education Units per year. FALDP Certification is voluntary within the association, and not all members choose to pursue certification. FALDP regularly hosts webinars which are open to all members at no charge. Topics include information business ethics, best practices, and UPL, among others.

The Florida Bar says:
• Lawyers are subject to comprehensive and tough ethical rules. There are no written ethical standards for nonlawyers.

I say:

All FALDP members are required to adhere to the FALDP Pledge. Failure to abide by those rules can be reason for termination of membership.

The Florida Bar says:
• Lawyers who are accused of misbehavior are investigated by The Florida Bar, which can lead to losing their license to practice law. Nonlawyers are not professionally accountable to any authority, although they can be investigated and prosecuted for engaging in the unlicensed practice of law.

I say:

FALDP members who are accused of misbehavior are investigated by FALDP which can lead to termination of their membership. Consumers who report to FALDP that they have been poorly treated, or have paid for services and received no documents - even when the document preparer is not a member of FALDP - are assisted. Sometimes FALDP will complete a consumer's documents at no cost or low cost when a non-member document preparer has failed to live up to his obligations.

The Florida Bar says:
• Lawyers are required to maintain client confidences. Nonlawyers have no such requirement, and could tell your secrets to anyone, even the other side.

I say:

FALDP member document preparers are required to maintain their customer's privacy according the FALDP Pledge:

• To respect my customers’ privacy.
• To keep in strict confidence my customers’ affairs, and not share information about a customer without that customer’s permission unless court ordered.

The Florida Bar says:
• Lawyers as a profession maintain a Clients’ Security Fund, which is intended to reimburse clients for some of their losses if a lawyer misappropriates trust funds. There is no such program for nonlawyers. A nonlawyer cannot be forced to give you your money back if a nonlawyer steals it from you or does not provide the services that were promised.

I say:

Document preparers do not typically handle trust funds. If a nonlawyer steals from a consumer or does not provide documents as requested, consumers can sue the document preparer or report the document preparer to law enforcement. Just as with any service provider, there are resources in place to protect consumers.


I still think I’m going to give the nonlawyer a try. My case is simple and I think I can handle it myself.

The Florida Bar says:

Every person has the right to represent himself/herself. But remember, cases that appear simple at first may turn out to be more complicated than you first thought. Finding a lawyer isn’t as hard as you think and you might be able to have your questions answered or get good legal advice during an initial consultation. If you do not have a lawyer, many local bar groups in Florida sponsor lawyer referral services, listed under “attorney” or “attorney referral services” in the yellow pages of the telephone book. These services can set up an initial appointment for you with a lawyer for a nominal fee (usually less than $50). If there is no lawyer referral service in your city, The Florida Bar’s statewide service can locate a lawyer for you. You can call this service toll-free at (800) 342-8011. The statewide service, which operates only in cities where there is no local program, will refer you to an attorney for an initial half-hour consultation for a nominal fee. The Florida Bar’s consumer pamphlet “How To Find A Lawyer In Florida” may also help.

I say:

Document preparers routinely urge consumers to seek legal advice or representation when and if the case becomes more complicated than the consumer first thought. Many consumers consult with an attorney before using a document preparer; and have already received legal advice before hiring a document preparer. Some consumers find attorney prices unaffordable after the initial consultation; and seek assistance for a legal document preparer instead of an attorney. It is also common for a consumer to seek the services of a document preparer after an attorney withdrew from his case. FALDP maintains a Member Directory with information about FALDP Members throughout the state. Consumers can call 800-515-0496 to be matched with a legal document preparer who may be able to assist them. 

In the long run, it is attorney's best interest to adapt with the times, and recognize that legal document preparers provide a vital consumer service, and have a niche in the marketplace. Attorneys railing against document preparers and trying to put document preparers out of business through intimidation and half-truths is a losing proposition. Just ask the dinosaur.

Early Termination of Probation

Many regular everyday Joes and Janes find themselves on probation due to a one time mistake. For law abiding citizens, probation is not only embarrassing but also difficult to live with. Some people find that the reporting requirements, regularly leaving work to visit the probation office, make it difficult to keep a job. Others find that its difficult to secure employment at all while on probation.

Sometimes permission for early termination of probation is written into the sentencing order for probation. But, it won't come automatically. A probationer still must request early termination of probation, and generally their defense attorney is long gone. The courts usually require that a probationer complete at least half of their probationary sentence before requesting early termination. Even if the probation period is only one year, six months later a probationer usually must pay his defense attorney more to request early termination. The request for early termination is not usually part of the initial retainer agreement. Likewise, if the probationer had a public defender as a defense attorney, the public defender is not usually able to assist with early termination of probation due to budget restraints.

Many probationers don't realize that they can request early termination of probation for themselves and proceed as a pro se litigant (self-represented). While the decision to early terminate is at the judge's discretion, it is the probationer's right to request it. Some counties offer form packets for early termination, and some document preparers, such as www.for-the-people-of-Florida.com prepare the early termination forms for a nominal fee.

There are various types and levels of probation, including administrative, drug offender, sex offender, community control, and pre-trial intervention. Each type and level of probation includes its own set of restrictions and accompanying conditions.

The court can impose various conditions that a probationer must comply with or complete. Conditions may include community service, classes, and travel restrictions.

According to the Florida Department ofCorrections website - 

"Probation is a court-ordered term of community supervision under specified conditions for a specific period of time that cannot exceed the maximum sentence for the offense. The probationer is required to abide by all conditions ordered by the court. Violation of these conditions may result in revocation by the Court and imposition of any sentence, which it might have imposed when originally placing the offender on probation. The probationer is generally required to pay the cost of supervision to the state of Florida, and may have additional conditions requiring payment of restitution, court costs and fines, public service and various types of treatment.

The probationer is usually required to visit his supervising officer in the local office at least once a month and depending on the probationer's status, the officer may visit the offender at his/her home and/or place of employment."

948.04 Period of probation; duty of probationer; early termination.—

(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.

Following are probation conditions/ requirements that the court may impose. Isn't it worth your while to at least request that you be released from probation?

948.03 Terms and conditions of probation.—

(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:

(a) Report to the probation and parole supervisors as directed.

(b) Permit such supervisors to visit him or her at his or her home or elsewhere.

(c) Work faithfully at suitable employment insofar as may be possible.

(d) Remain within a specified place.

(e) Live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision.

(f) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor.

(g) Effective July 1, 1994, and applicable for offenses committed on or after that date, make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the felony probationer while in that detention facility. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors.

(h) Support his or her legal dependents to the best of his or her ability.

(i) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances.

(j) Pay any application fee assessed under s. 27.52(1)(b) and attorney’s fees and costs assessed under s. 938.29, subject to modification based on change of circumstances.

(k) Not associate with persons engaged in criminal activities.

(l)1. Submit to random testing as directed by the correctional probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances.

2. If the offense was a controlled substance violation and the period of probation immediately follows a period of incarceration in the state correction system, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s.943.10(3).

(m) Be prohibited from possessing, carrying, or owning any:

1. Firearm.

2. Weapon without first procuring the consent of the correctional probation officer.

(n) Be prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician. The probationer or community controllee shall not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.

(o) Submit to the drawing of blood or other biological specimens as prescribed in ss. 943.325 and948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement.

(p) Submit to the taking of a digitized photograph by the department as a part of the offender’s records. This photograph may be displayed on the department’s public website while the offender is under court-ordered supervision. However, the department may not display the photograph on the website if the offender is only on pretrial intervention supervision or if the offender’s identity is exempt from disclosure due to an exemption from the requirements of s. 119.07.

(2) The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s.827.071, s. 847.0135(5), or s. 847.0145, to reside in another state, if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period shall not exceed 364 days, and incarceration shall be restricted to either a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.

Friends don't let friends vote Trump.

I try my best to refrain from commenting on politics, but this time ... enough is enough. If I alienate you as a reader, so be it. I don't want to be like the German citizens who looked the other way during Adolf Hitler's rise to power. Of course, we all want America to be great, who doesn't? Trump's rhetoric is racist, damaging and divisive. Let alone that he is inciting violence. I came across the following as a comment online. I would give proper credit, but I don't know where I found it. Good information, here it is:

"On several occasions, Trump is recorded at his rallies exhorting his minions to commit acts of violence against those who disagree with him and offering to pay the legal expenses of anyone who acts on his "suggestions."

Nov 22, 2015: Video showed a gang of men kicking and punching a Black Lives Matter protester at a rally in Birmingham, Alabama. When asked about the Alabama incident, Trump blamed the victim. "Maybe he should have been roughed up because it was absolutely disgusting what he was doing."

Feb 1, 2016: Trump told his supporters, "There may be somebody with tomatoes in the audience. If you see somebody getting ready to throw a tomato, knock the #$%$ out of them, would you? Seriously. Okay? Just knock the hell -- I promise you, I will pay for the legal fees."

Feb. 22, 2016: Trump has even threatened to personally get in on the action. "I'd like to punch him in the face, I'll tell ya," he said of a protester.

Trump should be charged with a Federal offense, Solicitation to commit a crime of violence:

18 U.S. Code § 373 - Solicitation to commit a crime of violence

(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years."

Some of Trump's Positions (from his campaign site):

Immigration Reform:

A nation without borders is not a nation. There must be a wall across the southern border. Make Mexico Pay For The Wall

Gun Control/ Second Amendment:

The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.

My Comments:

Immigration Reform according to Trump:

Build a wall AND make Mexico pay for it? How exactly is that supposed to work? How can we make Mexico pay for a wall? Many of us would like to see the immigration laws enforced, I include myself in that, but at what cost? Do we want to completely alienate Mexico, which despite all their foibles, has always been a U.S. ally. Are we to believe the Mexicans come and take our jobs? Why not punish the employers who hire undocumented workers? Are we to believe that Mexicans over burden our welfare system? I doubt it, at minimum you need to prove who you are to collect any sort of welfare benefits. There are not really hand-outs to undocumented aliens, other than emergency medical care. Are we to be so lacking in humanity to deny that as well?

Gun Control/ Second Amendment according to Trump:

I don't really have a dog in that hunt. I see both sides. My problem with Trump's statement on his site, is that he MISSTATES the Second Amendment. That is not what the Second Amendment says. Period.

The Second Amendment:

 "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Gun advocates, including Trump, tend to leave out the first clause of the Second Amendment, particularly the part about "A well regulated militia..." to drive home their point. When Trump misstates a constitutional amendment on his campaign site during a run for the republican nomination, he makes himself a complete liar to me. Remember, Hitler always advised to go for the big lie.

An article I came across that is a first hand impression of a Trump rally is here.

Proposed Changes to Child Time-Sharing Laws

Senate Bill 250 has passed in both houses and is awaiting Governor Scott's signature. This law change affects how the courts will decide child custody and time-sharing. According to the bill analysis, the significant changes and potential effect are:

"The bill creates a presumption that equal time-sharing is presumed to be in the best interest of a child. Assuming that placing a presumption in law simplifies time-sharing actions, parties to a time-sharing action may spend less on litigation costs."

And -

"The bill provides additional guidelines for the court to use in determining a time-sharing schedule of a minor child. Current law provides that the public policy of the state is for each minor to have frequent and continuing contact with both parents after the parents separate or divorce. Consistent with existing legislative intent, this bill creates a rebuttable presumption that approximately equal timesharing with a minor child by both parents is in the best interest of the child. A party may overcome the presumption by providing evidence based on factors that affect the welfare and interests of the child and the circumstance of the family.

Current law provides a list of factors for the court to consider in establishing or modifying a time-sharing schedule, based on the best interests of the child. In addition to the factors presently provided in law, this bill adds the following:

The amount of timesharing requested by each parent; and

• The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.
• The bill requires a court to support an order that provides for unequal timesharing with written findings of fact."

If the Governor approves this bill and signs it into law it is scheduled to be in effect on October 1, 2016. 

In my opinion, although the presumption that 50/50 times-haring is in the best interest of the child sounds like a good idea, it could have significant drawbacks. Parents would be required to overcome the presumption that 50/50 time-sharing is appropriate, and may pro se litigants are going to struggle to do that. Would they be required to have the other parent evaluated? Would this bill lead to additional litigation as the parties attempt to overcome the rebuttable presumption supporting 50/50 time-sharing? What do you think?  

National Women's History Month

In March we celebrate National Women's History Month. I do not identify as a feminist, but there are many women I admire. These are just a few on my list:

Eleanor Roosevelt

When President Franklin Roosevelt was stricken with polio in 1921, the first lady, Eleanor Roosevelt, took a more active interest in public issues in order to restore his links with the world of politics. Throughout her adult life she played a leading part in women's organizations and was active in encouraging youth movements, in promoting consumer welfare, in working for the civil rights of minorities, and in combating poor housing and unemployment. In 1933 she conducted the first press conference ever held by a U.S. president's wife, and in 1935 she began writing a daily column, "My Day," which was syndicated in many newspapers. She also conducted a radio program, and traveled around the country, lecturing, observing conditions, and furthering causes.

Mother Teresa - 1979 Nobel Peace Prize

Mother Teresa taught in India for 17 years before she experienced her 1946 "call within a call" to devote herself to caring for the sick and poor. Her order established a hospice; centers for the blind, aged, and disabled; and a leper colony. In 1979 she received the Nobel Peace Prize for her humanitarian work.

Justice Sonia Sotomayer

Sonia Sotomayor – the fearless federal trial court judge who saved Major League Baseball from a ruinous 1995 strike – entered the record book as the first Hispanic and the third woman to serve on the High Court. Sotomayor was born in the Bronx on June 25, 1954 to Juan Sotomayor and Celina Baez, both native Puerto Ricans. Her father worked in manual labor and her mother was a nurse. The family took residence in the Bronxdale Houses, one of the most coveted complexes in the city-owned housing projects. Sotomayor’s father passed away when she was nine. Following his death, Celina began working six-day weeks as a nurse to support the family. Sotomayor decided to become an attorney at the age of 10 upon watching an episode from the legal drama "Perry Mason."

Judge Sonia Sotomayor is the first Latina to sit on the United States Supreme Court. She was a judge of the United States Court of Appeals for the Second Circuit when President Barack Obama picked her to replace retired justice David Souter on the U.S. Supreme Court in 2009.

Malala Yousafzai - 2014 Nobel Peace Prize

Much of the world's population, especially in poor countries, is made up of children and young people. To achieve a peaceful world, it is crucial that the rights of children and young people be respected. Injustices perpetrated against children contribute to the spread of conflicts to future generations. Already at eleven years of age Malala Yousafzai fought for girls' right to education. After having suffered an attack on her life by Taliban gunmen in 2012, she has continued her struggle and become a leading advocate of girls' rights.

In her speech, "I am many" Ms Yousafzai said the award was not just for her: "It is for those forgotten children who want education. It is for those frightened children who want peace. It is for those voiceless children who want change.

"I am here to stand up for their rights, raise their voice. It is not time to pity them. It is time to take action so it becomes the last time that we see a child deprived of education."

Besides the famous women in history, each of has women in our personal histories whom we admire and celebrate. This month, please take note of the women in your history and present who have made your world a better place ... mothers, sisters, colleagues, teachers, and daughters.

In the United States, National Women’s History Month began in 1981. Congress petitioned President Reagan to proclaim the week beginning March 7, 1982 as “Women’s History Week.” He did so, saying:

American women of every race, creed and ethnic background helped found and build our Nation in countless recorded and unrecorded ways … As leaders in public affairs, American women not only worked to secure their own rights of suffrage and equal opportunity but also were principal advocates in the abolitionist, temperance, mental health reform, industrial labor and social reform movements, as well as the modern civil rights movement.

Women’s History Week was recognized for the next five years until the National Women’s History Project lobbied Congress to designate the entire month of March as “National Women’s History Month.” Since President Reagan issued such a proclamation in 1987, March has been officially labeled as such. 

Investigation or Harassment?

When does protecting consumers become harassment? Even without any consumer complaint about any damage done the Florida Bar has the right to initiate an unauthorized practice of law investigation on their own; for the “potential” harm that could occur. Even though no one has complained of any harm, damages, error, or mistake caused or done by a document preparer, the Florida Bar can and does investigate document preparers on the slimmest excuse. Considering that there is no required consumer complainant, all document preparers are subject to being investigated at any time at the whim of the Bar.

The Florida Bar can and does initiate unauthorized practice of law complaints against document preparers for stating in their advertising things like:

• Using the word "legal" in their business name;
• Using the word "legal" on their website;
• Using the phrase "legal services" in their business name or website;
• Offering free consultations;
• Stating their years of prior experience as a paralegal;
• Referring to herself/ himself as a paralegal or legal asssistant;
• Stating their education, degrees earned;
• Stating that document services are a low cost alternative to the high cost of attorney fees;
• Using words such as "help", "assistance", and "solutions" to describe their services.

The Florida Constitution authorizes the Florida Supreme Court to regulate and govern the practice of law:

Florida Statute 454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate.—

(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and regulate admissions of attorneys and counselors to practice law in said state.


The Florida Supreme Court has exclusive jurisdiction regulation of the Florida Bar, regulation of admissions to the Bar, and creating and amending the Florida Rules of Court, The Florida Supreme Court, in turn delegates the authority to investigate unauthorized practice of law to the Florida Bar. The Florida Bar, as an official arm of the court, is charged with the duty of considering, investigating, and seeking the prohibition of matters pertaining to the unlicensed practice of law and the prosecution of alleged offenders.

Florida Bar UPL Rules state:


10-2. DEFINITIONS RULE 10-2.1 GENERALLY

(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the state of Florida.

10-5. COMPLAINT PROCESSING AND INITIAL INVESTIGATORY PROCEDURES RULE 10-5.1 COMPLAINT PROCESSING

(b) Review by Bar Counsel. Bar counsel shall review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of the prohibition against engaging in the unlicensed practice of law. Bar counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida bar staff investigator to aid in the preliminary investigation. If bar counsel determines that the facts, if proven, would not constitute a violation, bar counsel may decline to pursue the complaint. A decision by bar counsel not to pursue a complaint shall not preclude further action or review under the Rules Regulating The Florida Bar. The complainant shall be notified of a decision not to pursue a complaint and shall be given the reasons therefor.