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'.
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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