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.
I'm right behind you and not changing a thing. They are off the chain and they can fly a kite amongst other things I can't post.
ReplyDeleteDoes this mean we must take "legal" out of our disclaimer...that we "do not provide legal advice...?"
ReplyDeleteGood point!
DeleteI agree to exercising the 1st Amendment. It's so funny how many Florida Judicial Systems are referring prose customers to preparers. I had a customer where I did a Contempt for I'm Hillsborough County he said when he went to file his paperwork he was referred to an attorney onsite only for the attorney to try and sale him a packet that I had already completed for him. He said he looked at the packet and it was the same information that I had already completed for him. Back to the legal terms. Are there any facts that says by using the term legal is a form of acting as an attorney in fact? Preparers clearly advises every potential customer that they are not lawyers and can not advise its posted on websites paperwork its every where. The legal aids have waiting list to assist prose customer and many prose customer wants to here the word legal documents to assure the forms are legal court forms. I know I would want to here the word legal if its pertaining to someone preparing a service for me. Attorney's are upset because there is another option that is at a lower cost for the customer since their rates can be so unreasonable.
ReplyDeleteSeems like the Florida Bar's desperation is growing, and they're seeing how far they can go. The question is; who is going to stop them?
ReplyDeleteAs Preparers we should exercise our Freedom of speach and build a reasonable solid plan. Approaching the Florida Bar from our stand point
DeleteThis comment has been removed by the author.
DeleteAngela, it is up to us. And, Shonda, commercial speech is protected free speech. We have a right to inform consumers about our service.
ReplyDelete