Friday, August 28, 2015

The Times They Are A-Changin'


The line it is drawnThe curse it is cast
The slow one now
Will later be fast
As the present now
Will later be past
The order isRapidly fadin'
And the first one now
Will later be last
For the times they are a-changin'.

Bob Dylan

Bob Dylan's words have never held more truth. In our modern world, we see technologies come and go, businesses rise and fall, and the status quo steadily crumbles. When we founded the Florida Association ofLegal Document Preparers in 2010, pro se representation was rare. Consumers at that time were not as well informed about their rights and the law as they are today.

Legal document preparers are systematically chipping away at the status quo, and for all the right reasons. We are disrupting the way consumers access the court system by showing our customers they really can do it themselves. Since many consumers have no choice but to represent themselves - legal fees being prohibitive, and free legal services as elusive as ice in the Florida sun - legal document preparers are an alternative.

We are not a substitute for an attorney. In fact, we are prohibited from ever stating that our services are a substitute for an attorney under threat of imposition of draconian punishments which include fines and possible imprisonment. So, no, our services, are not a substitute for an attorney.

We do not offer legal advice. We are prohibited from doing so, even if we wanted to, under threat of those same harsh penalties. Our customers know what they want to accomplish, they know their own situations, and nowadays they usually know their rights. What they don't know is where to find forms, how to complete those forms, how to file them, what to file when, and which forms they need.

We are also prohibited from choosing forms for our customers. Same penalties apply. However, we can provide legal information. Legal information found in form instructions, statutes, case law, and other authoritative sources dictates what to file when. Legal document preparers help make the wildly asymmetrical legal system somewhat more balanced and accessible.

A few stats gleaned from the Palm Beach County Bar Bulletin, September 2015:

  • An estimated 60% of our state citizenry cannot afford a lawyer to address their legal need, and do not qualify for Legal Aid.
  • 85% of family law cases involve at least one pro se party because divorcing parties are often “priced out” of the legal market.
  • Less than 15% of small businesses use a lawyer

Florida legal document preparers are here to stay. Rumor has it that the Florida Bar plans to require document preparers to complete an Associates degree to learn how to prepare legal documents and only then be allowed to offer their services. I'm not quite sure how the Florida Bar intends to implement that. What I do know, is that if this becomes the requirement it represents yet another hurdle for pro se litigants to access the legal system.


The Florida Association of Legal Document Preparers (FALDP) requires applicants to meet or exceed minimum standards for membership. And FALDP now offers voluntary certification for member document preparers to further elevate our profession. We're here for the duration -- proudly serving the under served.


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