Neurologists in a GP World

We posted a survey on our site in September 2012 to collect information about pro se litigants. The reason we did so, is because although there are bits of information here and there no one is very diligent about tracking the habits of Florida pro se litigants. No one in the government anyway. So we, at the Florida Association of Legal Document Preparers have taken it upon ourselves to find out who these customers are and why they came to us.

This is only the first in a series, and we immediately admit that despite our best efforts there are some flaws in our research design. We allowed respondents to choose “other” too often, and in most cases we don't know what “other” means. And we did not include questions about respondents' education levels, and now wish we had asked for that information. However, we collected some interesting information, and will be offering a new survey very soon.

Our Findings

According to our survey, pro se litigants are most likely to be males between the ages of 50 and 65. I found the age and gender somewhat surprising, as I would have guessed at mostly women as pro se litigants; and mostly younger people in general as the most likely to proceed pro se. Not surprisingly, 70% of respondents are representing themselves and 73% initiated their court case. The fact that the respondents selected themselves explains these numbers, these pro active pro se litigants are also the most likely to visit our site in the first place.

In answer to: “Why are you representing yourself”? Eighty percent chose – cannot afford an attorney. The other 20% was equally divided between consumers who could afford an attorney, but chose not to; and consumers who believed their legal matter was simple enough to do it themselves.

In answer to: “Did you do any of the following before deciding to represent yourself”? -

Twenty-six percent chose “research online”. Only 6% asked at the Pro Se Help Desk at the courthouse; another 5% called or visited a legal aid center; and another 4% called the Florida Bar referral line. Those three things are supposed to be consumers first (and sometimes only) choice for legal assistance other than hiring an attorney. But as we can see, consumers are seeking help and information from google before going to the government. Could it be that consumers are so accustomed to getting nowhere and receiving no help that they automatically try the do it yourself way first? Is it because Americans, by nature, are independent and prefer to do it themselves?

In more answers to that same question, another 11% visited a law library; 10% consulted with an attorney; and 12% asked the clerk of court. “Other” was chosen 16% of the time, and unfortunately we do not know what other means. And can't imagine.

In answering the related question: “What did you find most helpful in deciding to represent yourself”? Fifty percent chose “educating myself online”.

Regarding the most difficult part of self representation, 30% chose “understanding procedures and rules; and 20% chose “finding someone to answer a question about legal procedure”. Most consumers believe that it is the clerk of court's job to answer questions about legal procedure. Unfortunately for most consumers many clerks of court disagree. Finding legal information and understanding legal information accounted for an additional 30% of responses combined. And that pesky “other” accounted for 17%. And again, we apologize for not knowing what “other” means.

Seventeen percent of survey respondents chose either a judge or a clerk of court to be the most helpful to them as a pro se litigant. However, 43% chose “other” as the most helpful to them as a pro se. We hope that in this case, “other” means legal document preparer, but we can't be sure. We also found that survey respondents were just about evenly split as to whether or not they were using a legal document preparer.

What is the most difficult part of representing yourself?

Comments:

The favoritism and inequitable access to the Court enjoyed by opposing counsel. Also, the extreme prejudice most judges and court personnel exhibit against self-litigants.

The prejudice against pro se litigants by the judiciary in Florida.

Getting the judges, general magistrates, and court personnel in general to recognize I have the right to represent myself. And the biggest problem that I face is scheduling hearings with the court, basically because the other side has an attorney. The court system does not handle pro se cases very will when an attorney is involved. This is especially true for Duval County, Fl.

I use a prepaid legal service and a para legal and I look at other case history to understand how to make the presentation. Attorneys are expensive and take too much time. sourcing the case history takes time and knowledge. I have to know the rules and how to proceed to get to the judge and be prepared and specific with facts. understanding what are facts and what is considered hearsay. Many attorneys I found are handling many cases and are very spread thin. That means lack of quality because of quantity.

JUDGES. AND LAWYERS WHO LIKE FULL BLOWN CIVPRO OVER SMALL CLAIMS RULES. THEY'RE NEUROLOGISTS IN A GP WORLD.

The comments are verbatim from the survey. 

Call Halt to Florida's Witch Hunt

First printed October 14, 2005 in the Daytona Beach News Journal 

Has Anything Changed???

Not all sex offenders are sexual predators, but all sexual predators are sex offenders. Both classes of sex offenders are handled in much the same way. Sex offenders are obligated to report their current address and any subsequent address change to the Florida Department of Law Enforcement for a a period of time ranging from 10 years to life.

Sex offenders are required to disclose their offense on job applications. Sex offenders are prohibited from seeking refuge in most public shelters during hurricanes or other emergencies. Sex offenders are prohibited from working in any job where they might come into contact with children. Sex offenders are prohibited from living less than 1,000 feet from places where children might congregate; less than 2,500 feet in cities that have passed such ordinances.

The term sex offender encompasses a wide range of sexual offenses, differing in degree of seriousness.

In Florida, the charge once called statutory rape – consensual sex with an underage partner – is sexual battery. The underlying legal reasoning is that a minor child, anyone under 18, is legally unable to give sexual consent, therefore consensual or not, any sexual act is battery.

Individuals who have been charged with a sex offense, and whose adjudication has been withheld via a plea arrangement, are likely to be considered sex offenders. Attempted rape upon a 14 year old victim is a sex offense. That attempted rape, if it had been carried out with violence, likely would have earned the perpetrator a felony sexual battery charge and designation as a sexual predator. The family member, neighbor or acquaintance that lures a child with gifts or attention in exchange for sexual favors is likely to be a sexual predator, depending on the age of the victim, frequency of the crimes and whether there was violence or threats of violence. The silent stranger that steals a child in the night, then rapes and kills is a sexual predator.

I recently checked the sex offender registry to find out how many sex offenders live with a a one mile radius of my house in unincorporated Holly Hill, and within a one mile radius of my mother's house in Ormond Beach., beachside. Let me tell you, there are plenty. But the funny thing is, there are not may sexual predators listed at all. I would say not more than one percent of the former on the list. It seems obvious to me, that it is the sexual predators that we need to worry about. It is the sexual predators who commit violent or serial rape, who steal and rape the children and who bribe young children for sexual favors.

I suggest that we, as a society, stop the hysteria – end the witch hunt. I have no problem with monitoring the whereabouts of sex offenders, especially sexual predators who are the worst of the worst. But, I think we need to take a closer look at how we monitor the lesser sex offenders, the hapless individuals who were dumb enough to make a stupid and serious one time criminal mistake.

As municipalities busy themselves passing ever more stringent restrictions on sex offenders, I wonder whether these offenders finally will dare to stand up for themselves and question the constitutionality of these laws. I wonder whether these offenders who have served their time in prison and paid their societal debt will ever successfully reintegrate into society when society can't stop piling on the sanctions, sanctions that are there to satisfy agendas of law and order politicians and assuage our collective guilt.

The guilt, rightly placed, belongs first to the offender, second to the parents of the young victims and third to society in general. There always will be criminals, individuals with evil or greed or cruelty in their hearts.

Parents have an obligation to be ever vigilant to protect their children from harm. Parents must be aware, and even suspicious of the adults who come into contact with their children. Most child molesters know their victims, and most child molesters are known by the parents of the victims. Individuals who seem too interested in their children, or want to spend an inordinate amount of time with their child, or seem to give too many gifts or favors might be cues to possible danger. The suspicion might be unfounded; we can hope.

Parents also can teach their children to be aware of danger signs, once the children are old enough to be out of their parents' sight, and once the children are old enough to understand. Adults do not need to ask young children for driving directions. Adults do not need a young child's help in finding a lost puppy. Adults do not give gifts of toys or candy or ice cream to young children unless they want something in return.

We, as a society, must accept the task of enacting and enforcing responsible laws to protect our citizens. We ought not succumb to mass hysteria, which in the end, does but make us afraid. We ought to learn and make the distinction, in our law making and enforcement, between the truly dangerous predator and the lesser sex offender. Let us watch closely the truly dangerous and violent who walk among us, and allow those others to get on with their lives.