We are disruptors, and -
yes - proud of it. I am happy that we disrupt the status quo. I am
happy that we present an alternative to consumers. If the legal world
had properly served consumers, we would not exist. Legal document
preparers are here to stay. We have a foothold. Around 70% of family
law litigants are pro se -- self represented. Many of the self-represented employ legal document preparers to prepare their paperwork. Some of them
cannot possibly afford an attorney. Others have no desire to retain
an attorney. And still others have no need for an attorney.
If, we legal document
preparers, present a viable alternative for consumers - then why not?
Consumers who cannot afford an attorney are not lost clients for
attorneys - it was never possible for them to be attorneys' clients
at all. Price being the governing factor. It makes no sense for
Mercedes Benz to be upset with Kia for stealing their customers. Not
the same customer, not the same demographic.
Some consumers can well
afford an attorney but choose not to retain counsel. They either feel
that they can easily handle their legal affairs themselves, or feel
that an attorney will cause them to spend money needlessly.
Still other consumers do
not need an attorney at all. They only need papers. They only need
documents prepared; they are well aware of their rights and issues;
and there is no legal dispute. Many of these consumers realize that
if they retained counsel, it is quite possible that an attorney could
create a dispute where none existed before. No dispute = no billable
hours.
I have no goal to malign
attorneys. They don't need my help in discrediting their profession.
The numbers speak for themselves. Since 70% of family law litigants
are attorney free - one can only surmise that a fair percentage of
them could afford counsel if they chose.
I, as a legal document
preparer, receive some attorney referrals. One of the attorneys who
refers to me [we'll call him John] has done so for the past several
years and I am rarely able to reciprocate, as he really only wants
family law mediation clients. And I rarely have this type of customer
to refer. I can only say Thank You. I suppose John refers to me
because in his opinion the consumer is better off paying my lower fee
and spending their money to take care of their children; rather than
paying his fee and their having to stretch financially to pay it. In
all these years, only once has there been a problem. The soon to be
ex disputed jurisdiction for the divorce as the couple still had
marital property in another state. I referred her back to John, then
she came back and asked me to prepare a voluntary motion to dismiss.
Which I did at no cost.
Even more than I
appreciate the compensation John's referrals bring, I appreciate the
respect he gives me by sending his clients my way.
On the other hand, I
recently severed ties with an attorney, we'll call her Mary. She and
I had an arrangement in which she would offer my customers a low cost
consultation; and then in theory send them back to me for document
preparation. No one ever came back. It was a legal Bermuda Triangle.
She had presented herself to me as an advocate for pro se litigants
and a friend to Florida document preparers. Although it took me a while to catch on, the truth came out. Beware the wolf in
sheep's clothing. I was blind sided, and I have yet to forgive myself
for that. She displays the following on her site:
"
... many people are opting to use document preparers who can complete
divorce forms at low cost, affordable rates. And while this is an
attractive option, most document preparers have little or no legal
training or experience outside of document preparation. ..."
That statement isn't
particularly true. Most document preparers have extensive experience
and academic training, including B.A. degrees in Legal Studies;
paralegal certificates; years of law firm experience; JD degrees; law
degrees from other states or countries; and lots of hands on
experience. A few document preparers are self taught - graduates of
the school of hard knocks.
The first big difference
between John and Scarey Mary is that John wants to serve the
consumer; while Mary wants to serve herself. The second difference is
that John is established in his profession; while Mary is competing
with nonlawyer lay practitioners. As a consumer, that in itself would
be enough to scare me away from Mary. Did she, and other attorneys of
her ilk, really go to law school to learn how to fill out forms.
Scarey. Mary.
I would question law students on why they remain silent on the lack of substantive legal document processing skills they are given for their $150K? If the goal is to have "document processing" fall into the realm of what a lawyer does, then train them. Until then, LDP's shouldn't be persecuted for doing the work that that the legal system demands. But that's just one non-lawyers opinion.
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