The Perfectly Acceptable Legal Solution – Better Than Good Enough

When faced with a legal question, the immediate problem is the difficulty in knowing which specific course of action is the right course. Many consumers tackle this by educating themselves. For example, a divorcing couple is almost always faced with multiple decisions that may affect the rest of their lives, and the lives of their children.

Hiring an attorney could be a possibility. But, for many consumers, the costs are so high, that hiring an attorney cannot even be considered. Pro bono legal help is nearly non-existent. Legal aid resources are spread so thin that many who qualify are turned away. Like it or not, many consumers have no other choice, but to go pro se.

Information about divorce and family law is readily available online through the wonders of the internet. But – there is so much information now, the next problem is that consumers must sort through the zillions of web pages that come up. Information overload in the information age.

The Florida Supreme Court and the Florida Bar graciously create and publish cookie cutter forms for family law matters. Sadly, (or not so sadly for legal document preparers), the cookie cutter forms and their accompanying instructions are confusing for many pro se litigants. They are written so that a reading level above high school level is needed to comprehend them. The difficulty of understanding the forms and instructions; the unfamiliar subject matter; the stress of divorce; and the importance of the matters at hand create multiple hurdles for the average pro se. The more mentally agile and motivated consumers become adept at leaping through the flaming legal hoops to reach their personal family legal goals – divorce, child custody, family adoption, property settlement, child support, and so on.

Enter the Florida legal document preparer. The Florida Bar would prefer we call ourselves – non lawyers. I rather like the term – Unlawyer – but it hasn't quite caught on yet. Legal self help, pure legal DIY, and the use of legal document preparers is often referred to “in the literature” as “good enough” legal services. I would like to change that term. I think the “good enough” term is damning with faint praise, a backhanded compliment. I prefer the term – perfectly acceptable legal services. As in – documents prepared by legal document preparers are perfectly acceptable. Or this standard form is perfectly acceptable. Now doesn't that sound better than “good enough”? Wouldn't a consumer be happier to purchase perfectly acceptable legal services than good enough legal services?

According to a recent article by Michael DeBord on Southern California Public Radio, www.scpr.org - “LegalZoom IPO: Be afraid, lawyers! Be very afraid!”

“The legal professional is being totally re-arranged by the economic downturn. Law firms have imploded. Law school grads — who used to be able to bank on fat salaries in exchange for 100-hour work weeks at big firms, if they attended top programs ... — are struggling to find jobs. Law is no longer the often-boring but generally reliably lucrative escape hatch it once was for decades of career-confused liberal arts majors.”

LegalZoom announced that it will be going public soon. According to reports, in 2011 490,000 orders were placed through their website; over two million customers have been served over the past decade; and their revenue in 2011 was $156 million. In addition to their legal document services LegalZoom now offers attorney legal services by subscription.

The benefit for consumers and for legal document preparers everywhere is that LegalZoom's high media profile brings credibility and legitimacy to the legal document preparation industry. They are successfully paving the way for other online document preparation providers to market their services more aggressively. And there is plenty of room for plenty of players, niche businesses, and support companies.

With legal fees averaging $200. per hour, consumers increasingly welcome legal document preparers services as – perfectly acceptable. Much better than good enough.

Document Preparers - Look at This!

The following was just sent to me by an associate who was perusing craigslist. It is reprinted here verbatim from the Tampa Bay Legal services section. There was no contact information at all, not even a scrambled address. I would say it was not by any means posted by the Florida Bar UPL Committee, can you see why? Intimidation? Threats? Misinformation? Disinformation? Yes, yes, yes, and yes. Please comment.

Unauthorized Practice of Law
Date: 2012-04-27, 10:07AM

If you advertise for legal services, including legal document preparation, you are practicing law without a license.

Engaging in the unlicensed practice of law is also a misdemeanor in Florida. Criminal complaints alleging the unauthorized practice of law ("UPL") are handled by the State Attorney's Office. The penalties include a fine and/or a jail sentence. Additionally, if a notary public is found to be engaging in the unauthorized practice of law, the Governor may suspend that notary from office by executive order. Paralegals cannot help a customer directly and may only work under the supervision of a licensed attorney.

Exactly what services can you provide without engaging in the unlicensed practice of law? Generally speaking, a nonlawyer may only sell legal forms and then type those forms which have been completed in writing by the customer. As an example, you could sell a will form to an individual. The customer would have to fill in the blanks for the factual information customizing the will to his or her own needs. You can have no oral communication with the customer regarding how the form should be completed, and you may not correct mistakes. You may simply type the information written down by the customer.

Craigslist has been notified of the number of posting advertising such services in violation of Florida law and has agreed to forward the names and contact information of violators to the appropriate county's State Attorney's Office.

Please, if you are not an attorney, do not advertise legal services - on Craigslist or anywhere else. You may be risking a jail sentence.

Location: Florida
it's NOT ok to contact this poster with services or other commercial interests

Original URL: http://tampa.craigslist.org/hil/lgs/2982160742.html

And How are the Children?

Masai warriors are widely known for fearsome rites of passage. Tradition demands that to become a warrior you must kill a lion with nothing more than a spear. These fierce fighters embrace their roles as protectors of the tribe.

The traditional greeting between Masai warriors is: And How Are the Children?
The traditional response is: The Children are Well.

If the children are well, then all is well. Can we say that in America? And how are the children? Are the children being looked after, protected, revered? Are they? I have my doubts.

Adriana spent over two years searching for her baby boy. In June of 2009 Adriana's boyfriend, her baby's daddy, was taking care of the baby while Adriana worked. Before she got home the boyfriend fled taking the baby who knows where. Adriana panicked and called the police, reporting it as a kidnapping. Under the laws of that state, as in Florida, when a child is born of unwed parents, it is the mother who has parental rights, not the father. The father can assert paternal rights only after a court orders that he is the legal father. The police, however, told her – sorry ma'am custody is a civil matter, you have to go to court. It was not and is not a civil matter, it is a crime for a parent to abduct a child.

I spoke with Tod on the phone yesterday. His former wife took their daughter out of the country without his knowledge or consent. They have court ordered shared parental responsibility and they have a Parenting Plan incorporated into their Final Judgment of Dissolution of Marriage. But, the mother took their eleven year old daughter out of the country anyway – all the way to Guam. Tod doesn't think they're coming back. So far law enforcement has refused to enforce the Child Pick Up Order, although it was signed by a Hillsborough County judge.

And another one – Marcus from Texas called me. His son is probably in Jacksonville, Florida; but may be with relatives in Boston. He's not sure. With the help of a private investigator he found a current address for his son's mother. Marcus, an unwed father, needs an Order of Paternity before he can hope to get child custody or visitation. He pays his child support though, every week it comes straight out of his check. Marcus will go to jail if he doesn't pay his support. For the past five years, not a single thing has happened to his ex for keeping Marcus' son from him.

And yet another. Joe pays child support for a son he has never seen. Joe discovered he was a dad months after his girlfriend left him. He dutifully sent in the DNA test which he paid for himself. An Order for Child Support went into effect. Joe learned the hard way that child support and visitation are separate. At the court hearing when Joe was ordered to pay child support, the Magistrate refused to listen to anything pertaining to custody or visitation. And so it goes.

And how are the children? You tell me. In a state, in a country, where as a matter of public policy we claim that it is in a child's best interest to have access to both parents – why is it so hard? Neither Adriana, Tod, Marcus, or Joe has been found by a court, or anyone else to be unfit parents. There are not even any allegations of unfitness against any of these parents. So why is it so hard? Why is it so hard for a supposedly civilized society to take care of the children? Are the children well? Nobody knows.