Legal Access - I don't know what it is but I'll know it when I see it. (I hope!)

I frequently write about legal access. Citizens' right to access the legal system. What does legal access mean? And how does it feel? Will we recognize it when we see it? I don't know. Back in 2009 mandatory mediation of foreclosures of homesteaded property was required. In 2010 the mandate was abandoned – http://www.discourse.net/2011/12/florida-supreme-court-axes-foreclosure-mandatory-mediation-program.html. The Department of Justice has created the Access to Justice initiative, which sounds like a great idea, their website is very nice. And their words well chosen. But, I still don't know.

A 2010 Huffington Post article by Dan Froomkin asks - “Why haven't more Americans successfully sued the banks that lured them into fraudulent mortgages, then foreclosed on them without the required paperwork?” Good question. The full article, “Access To Justice In U.S. At Third-World Levels, Says Survey” continues to state that the United States is among the lowest ranking country of all developed countries.

According to an article, “Pro bono attorneys provide legal guidance to community” published online and in the Daily Record, a group of Jacksonville attorneys hosted a legal phone in where anyone could call in and ask a legal question. The article states: “The purpose of the event was to assist the public with consumer law issues in the areas of foreclosure defense, bankruptcy, collections and garnishments”. And continues … “ During the two-hour news broadcast, the attorneys provided brief counsel and advice to approximately 115 callers.” Again, a start, but I still don't know.

What would access to the legal system feel like? What if a citizen could ask a legal question and get an answer for free? Or what if, after paying a court filing fee a citizen could ask the clerk what to do next and get an answer? What if an unwed father's paternal rights were fully established at a child support hearing? What if pro se litigants were extended the same respect as citizens represented by attorneys? What if there was no such thing as legalese? What if laws were written in everyday language?

One of the huge and obvious barriers to legal access is the cost. Legal document preparers are allowed to give legal information. Attorneys are allowed to give legal advice. Many people are quite satisfied with information, and do not need legal advice. The cost for having a legal document preparer prepare documents is about 10% of the cost of an attorney preparing the same documents. Are the services identical? No. Should they be? No.

We believe that as our industry gains credibility, and more citizens know that we exist, some of the financial barriers to legal access will come tumbling down. The legal document preparation industry is here to stay. We exist to serve consumers. We are niche businesses. And our niche is widening.

People United for Legal Systems Equality – P.U.L.S.E. has an online petition which begins:

“The Sixth Amendment to the U.S. Constitution has been interpreted to provide EVERY AMERICAN with the CONSTITUTIONAL right to self-representation, if they so choose. That privilege, like all other constitutional rights, should be enjoyed without fear of harassment, prejudice, or abuse. Furthermore, no law, regulation, or policy should exist to abridge or surreptitiously extinguish that right...” Click here to sign.

There is a second petition here - http://www.ipetitions.com/petition/faldp/

Please sign these petitions if you agree. We need your support. Our country's founding fathers believed that the establishment of Justice was a goal worth fighting for. We agree.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.