Legal Document Preparers and Freedom of Speech

My dad often used the term "aggressively stupid" to describe officious petty bureaucrats. He had other favorites too, IPA was his acronym for "idiots per acre", as in "the IPA index is off the charts here". He was also a life long snob, using yet another personal acronym, LSE, which stood for lower-socio-economic to describe anyone who he thought was beneath him, which was most people. The two years I spent living with him as a teenager were endlessly interesting and educational. Dad was super intelligent and quite the misanthropist. He retired from the U.S. Navy as a Captain and was a psychiatrist; and managed to alienate three of his five children before he died.

I could not help but think about my dad when I read recent Florida Bar unauthorized practice of law (UPL) letters sent to legal document preparers. IPA certainly came to mind. But more on point, is the aggressively stupid label. In the most recent UPL letters the Florida Bar and UPL Committee has stated that legal document preparers may not use the word "legal" anywhere on their websites. At first, it was that we may not use the word "legal" to modify services - legal services. I concede that could be confusing ... maybe. Then it was that legal document preparers may not use the word "legal" in their email address. Next it was that legal document preparers may not use the word "legal" in their business name. Funny, I have been the Director of the Florida Association of Legal Document Preparers since 2010, and that one is news to me. And, the latest is, that legal document preparers may not use the word "legal" on their website, anywhere, or in any of their advertising.

This is the stupid part: Legal document preparers may not use the word "legal", but others can? What about bloggers? I'm a blogger, this is a blog. The name of this blog is "Legal Sunshine". I can think of a whole slew of ways to use the word legal that have little or nothing to do with lawyers or legal document preparers. Legal, legal, legal. Street legal, legal limit, legal job, legal questions, legal information, legal dictionary and on and on. And just for fun, I went on the Florida Division of Corporations' site and found pages and pages of business names that include the word "legal". I'm betting that not all of them are attorneys.

The reason for the prohibition as stated by the Florida Bar UPL Committee is that consumers could be confused and think that a legal document preparer is an attorney. I'm not sure how someone could think that, since disclaimers abound. Nearly every legal document preparer site and advertisement displays, at minimum, the following: "We are not attorneys and do not provide legal advice". Plain language that. Show me a consumer who, after reading that basic disclaimer, believes that the legal document preparer is an attorney, and I'll show you a consumer who most definitely needs help with his legal documents. And, as education and income correlate, that same consumer very likely also could not afford to retain counsel.

This is the aggressive part: Through the power of the Florida Supreme Court, the Florida Bar is authorized to investigate UPL. In reality, the Florida Bar has absolutely nothing to do with legal document preparers until and unless there is unauthorized practice of law. The Florida Bar does not regulate legal document preparers in any way; does not oversee legal document preparers in any way; and does not license document preparers in any way. However, UPL is a third degree felony. Right up there with: Grand Theft; Grand Theft Auto; Cocaine Possession; Possession of a Controlled Substance

Burglary of an Occupied Structure; Uttering a Forged Instrument; and Child Neglect just to name a few. I don't believe for one second that the intent of that law is to persecute legal document preparers trying to earn a living. I do believe that if the Florida Bar UPL Committees get their way and prohibit legal document preparers from using the word "legal" to describe the forms they prepare that the First Amendment is in serious jeopardy. And, I believe that I'll be damned, and we will all be damned if our freedom of speech is so curtailed.

Today is National Freedom Day

On February 1, 1865, Abraham Lincoln signed a joint resolution that proposed the 13th Amendment to the U.S. Constitution. The amendment was made to outlaw slavery and was ratified on December 18, 1865. On June 30, 1948, President Harry Truman signed a bill to proclaim February 1 as the first official National Freedom Day in the United States.

One way to celebrate National Freedom Day is to reflect on and savor the freedoms that we enjoy.

Here are a few:

• The freedom to belong to, endorse, or criticize whatever religious or political groups we wish. This is not common in many parts of the world, where criticizing the majority religion or political party can get you sent to jail or even killed.

• We have the peace and security of being able to be in the minority, and not fear that the majority will come kill you and your family for your beliefs. In America, we've learned to tolerate differences without resorting to violence. 

• We have the freedom to spend our money on whatever goods or services are legally for sale, without having to buy from a government enforced monopoly. 

• We have the freedom to change our government. If someone doesn't like the current officeholders, they can form a movement, publicize their views, get candidates to run, mobilize their voters, and replace those officeholders.

• American citizens exercise one of their guaranteed freedoms by going to the primary polls to vote for their favorite presidential candidates. U.S. elections provide for an orderly and peaceful transition of governmental leaders.

• We have the freedom to change our government. If someone doesn't like the current officeholders, they can form a movement, publicize their views, get candidates to run, mobilize their voters, and replace those officeholders. This is not the rule in many countries. 

• We have the freedom to start our own business ventures. If you see an economic opportunity, you can form a business to try and take advantage of this. You don't need to have relatives in high places or other connections to gain permission to start a business.

• In the US you can change your residence, business or spouse very easily.

• And every Sunday, as well as during the week, Christians and people of all faiths are free to worship in the place of their choice. No barred doors. No Secret Police. No censoring of the message by government security. The freedom to worship according to one’s conscience is one of our nation’s most cherished values.

• In the democracies of western Europe, and in Germany in particular, if you change your residence then you must register the change with your local police precinct.

• In many countries around the world there are not even basic human rights – especially religious freedom. Christians – especially in Islamic and communist countries – are forced to worship underground. Reading a Bible could bring imprisonment.

• North Korea – Kim Jong Il must be worshipped as a “god” with no exceptions. Up to 700,000 North Koreans are suffering in prison camps, some for simply practicing their faith underground. As one North Korean said last December, “we can only celebrate Christmas in our hearts.”

• Saudi Arabia – The country is considered a friend of the U.S. due to its support of the war on terrorism. However, there is absolutely no religious freedom. A person charged with apostasy – changing one’s faith from Islam – could face death.

• Iran – Islam is the official religion in Iran and all laws and regulations must be consistent with the official interpretation of Shariah (strict Islamic law). Since hard-line conservative Mahmoud Ahmadinejad became president in 2005, persecution has increased for Christians and others.

• Freedom of international travel is a big one.  As of 2014, a passport from the United States grants entry to 174 countries (tied for #1 with the UK, Germany, Sweden and Finland) either with no visa at all, a visa purchased on arrival, or an "e-visa" purchased online in advance.

• While citizens of most developed countries in Europe have fairly similar freedom of international travel, but politics or other factors limit travel for citizens of many countries that are economically or politically powerful. Israelis and Brazilians only get access to 147 and 146 countries without advance visas, respectively; Taiwanese only 132, Russians only 100, Chinese and Indians only 52!

(This information was collected from my travels around the web, most notably from quora.com, Christian Science Monitor, and Wikipedia).