Tuesday, August 28, 2012

When will we say enough?

At what point do we say – enough? I often talk to legal document preparers throughout Florida and hear all manner of stories about their customers' difficulties accomplishing legal tasks through our court system. We use the term - legal access – and there are many facets and meanings to that term. Besides talking to many legal document preparers around the state, I also regularly talk to Florida pro se litigants.

Legal access can literally mean being able to enter and get around inside a courthouse. Sharon Hoffmeyer, a former member of the Florida Association of Legal Document Preparers, appeared on Jacksonville's Channel 4 News with camera man in tow, to show just how difficult legal access can be for someone with disabilities. For Jacksonville politicians, the entire story of the 350 million dollar Duval County Courthouse is a sore point – the fact that it went so far over budget, the fact that the transition into the new building was chaotic, and add the fact that the best laid plans of disability access consultants were ignored.

Ms. Hoffmeyer and I discussed the lack of ADA compliance in the Jacksonville courthouse, and her difficulty in accessing the legal system in general. We also spoke about the fact that the difficulty in accessing the legal system is a much larger problem, than access for the disabled. Ms. Hoffmeyer is in the process of pursuing a simple legal matter as a pro se litigant; and she is an experienced paralegal having worked for attorneys for much of her working life. She was trying to set a hearing on a motion that she had filed. At every turn, however, the clerks of court told her that she needed an attorney to set a motion hearing. Ridiculous. It was her motion, she had written if for herself, filed it herself, but continually hit barriers when simply trying to set a hearing on that motion.

As a legal document preparer, I find I often must inoculate my customers against the unhelpful attitudes of the clerks of court. Not all the clerks. Some of them are absolutely wonderfully helpful. And they are most appreciated. Recently one of my customers was struggling to navigate the self-help computers at the clerk's office in Sarasota. All she wanted was a copy of a court order. After about 45 minutes one of the clerks came out from behind the counter, helped my customer, and in 30 seconds or less the order was printing. My grateful customer then left the courthouse, went to Publix, bought flowers, and took them to the clerk. Help is appreciated.

On the other hand, most of the stories go the other way. We know that the clerks are told they are not allowed to answer legal questions. And fair enough. We (legal document preparers) don't answer legal questions either. But, as expensive as filing fees are, you would think that consumers could get simple answers to simple questions. Countless times pro se litigants are frustrated by the entire process. Many give up. Some educate themselves online or go to the law library for information. Certain circuits have an on site attorney service, charged at a dollar a minute. Some courthouses have Pro Se Help Desks where pro se litigants can ask questions about documents and procedure. The Pro Se Help Desks are sometimes helpful and sometimes not.

In Miami-Dade family law pro se litigants are required to attend an appointment with a clerk at the Pro Se Help Desk before filing their documents. The appointment is supposedly to make sure that all of the documents are in order. The fact, however, is that the purpose of the meeting is for the clerk to make sure that the pro se litigant is using the Miami-Dade local family law forms. Many circuits have local forms. But only Miami-Dade not only requires pro se litigants to use their local family law forms, but also requires that pro se litigants purchase those forms from the Miami-Dade courthouse. Many circuits sell form packets, that include local and forms used statewide – Supreme Court approved forms. The Supreme Court approved forms in the packets are available as free downloads on the Florida Supreme Court's website, www.flcourts.org. Most of the form packets, in most of the circuits cost around $20. But only Miami-Dade charges around $70. for their form packets – and requires that pro se litigants purchase their forms from them. Forms for divorce, child custody, modifications, step-parent adoption, paternity, disestablishment of paternity, and on and on. All forms, available for free on the Florida Supreme Court's website – cost Miami-Dade litigants. I believe it is unfair, and Miami-Dade residents don't know they are being taken advantage of. They are being singled out to pay more for family law forms than any other pro se litigants in the state.

Barriers come in many forms.

Tuesday, August 14, 2012

Third Annual FALDP Conference - 9/22 & 9/23

The Florida Association of Legal Document Preparers – FALDP – is proud to announce our Third Annual Conference. This year we are hosting our conference in historic St. Augustine, at the Hilton on the Bayfront, located at 32 Avenida Menendez, Saint Augustine, Florida, 32084, on September 22 & 23. As always, it is a members only event. But, don't worry, there is still time to join.

Our mission is a journey. We have only begun, there is much to do. We trust that as we grow and educate our members; our members will, in turn, educate consumers. We hope that the confidence gained through education will in turn empower those consumers.  We have faith that one day, consumers will have a fighting chance to  pursue their legal rights, with or without an attorney, with the proper education and tools to know when or if legal advice is required, and to make their own informed legal decisions whenever reasonable.

Conference fees are only $105. for both days for Premium Members. Accommodations are paid separately. Some local hotels and Bed & Breakfasts are offering discounted rates to attendees. Please check our website for conference and accommodation discount details.

Annual Premium Membership dues are only $65. Membership guidelines and a free Member Handbook are available on - our membership page.

Conference Details & Registration:

Saturday, September 22; 9-5 – Day one - The FALDP Forum, focuses on education, with three dynamic guest speakers and lively guided discussion throughout the day:

James Middleton of Estate Planning Group, LLC will speak to the members about the importance of Living Trusts and Estate Planning – for everyone – not just for the wealthy. Since 1984 James has focused his energy on helping people plan ahead, so that they can achieve peace of mind, here and now. He returns on Day Two to discuss with members how to become involved in helping others through the FALDP Living Trust Estate Planning System. James relies on HotDocs Sofrware and information published by Schumacher Publishing, Inc. For more information about Living Trusts, visit -

David Bass, another of our guest speakers, is a Florida real estate expert, broker, and investor who relies on legal document preparers to complete the form sets he has compiled. As a private lender in this dismal economy, David found that paying attorney fees to foreclose his private mortgages was nowhere near cost effective. So, David developed a system for private lenders to foreclose their own loans which he has used successfully over and over again. Learn more about David's Pro Se Foreclosure system online

Joey Morales will speak to our group about credit repair. He works for Credit Justice Services - which offers a program focused on protecting the rights of consumers through careful adherence to all credit reporting laws and regulations. Since 2008, Joey and his team, have helped many individuals and families to achieve their credit related goals. Joey regularly assists mortgage brokers by transforming credit denials into credit approvals. And works with real estate agents by referring qualified buyers.

On Sunday, September 23; 10-2 – Day Two – The Business Development Seminar, our three guest speakers return to invite FALDP members to partner with them by adding new income streams to their business menu. Along with these three business add on opportunities attendees will also be invited to learn about increasing their income by networking with other members for services. Member presenters will discuss how members can increase their business efficiency and income by adding on or using services such as: becoming a process server; using our member's computer merge service for faster document preparation and assembly; and tapping into another member's marketing expertise to get the word out through cyber space about your services.

Both days will be interspersed with guided discussion, brain storming sessions, and prize giveaways.

The Friday evening before, (9/21) a pre-conference get together is set for happy hour, 5-7, at the one and only “SPY Global Cuisine and Lounge” located at 21 Hypolita Street, St. Augustine, Florida 32084. FALDP Director, Ruth Tick, will be there waiting to meet you. (She said she'd be sure to wear a flower in her hair – so you can find her).

Florida legal document preparers, don't be left out. If you have not yet joined the only Florida trade association created just for you, there is no better time. Come and enjoy our Third Annual Conference, and explore historic St. Augustine.

SEE YOU THERE!