Dinosaurs in a Blizzard.

This article is not about dinosaurs or weather. It is about what happens when a creature fails to adapt to a changing environment. Attorneys can rail all they want about the changes in the way people access the legal system, but it will ultimately be their own downfall. Try as they might, attorneys are not going to be able to turn back time. They aren't going to be able to reset the clock to the days when the first and only choice consumers had for anything legal was to immediately go out and retain counsel.

The internet opened up to wide public use in 1995. Since then, the internet has become a way of life for many Americans. A center for their social network, a place to find work, an easy way to shop, and most of all a place to find information. Including legal information. Now that consumers can readily find legal information, they can then make an informed decision regarding many of their own personal and legal matters. Sometimes they'll seek an attorney, sometimes they won't. Sometimes they'll hire a legal document preparer, sometimes they won't.

I found the following on the Florida Bar's site. It is part of a Consumer Pamphlet titled:

 "Hiring The Right Person To Help Me With My Legal Problems Pamphlet "

There will probably come a time in your life when you will need or want to seek legal advice or services. One of the first questions you may ask yourself is whether you need a lawyer, or whether a nonlawyer could assist you instead. This consumer pamphlet is intended to help you make an informed choice.

I recently saw an advertisement in the paper from someone who called himself a paralegal, which said he could help me with my legal problem for a lot less than a lawyer. Can this person really help?

Florida Bar says:

No, a nonlawyer cannot help you with your legal problem. 

Legally, only a licensed member of The Florida Bar can help you with your legal problem and give you legal advice. A lawyer’s job is to make the law work for everyone. Consumers often use the services of lawyers to help them draw up wills, handle real estate transactions, and other important legal needs. If a nonlawyer attempts to help you with your legal problem, that person may be prosecuted for the unlicensed practice of law (UPL) and your case may be affected.

I say:

It depends on what your legal problem is. Granted a nonlawyer document preparer may not give legal advice. But needing legal advice may not be the problem. Maybe a consumer only needs documents properly prepared. Maybe a consumer only needs information about procedure. Remember, there is no specific law school course that focuses on document preparation. Attorneys generally rely on paralegals or software for document preparation, and may not be personally familiar with preparing documents.

But this person is a paralegal. Doesn’t that mean they have training or that they work with a lawyer?

The Florida Bar says:

No. In fact, so many people were being misled about the titles “paralegal” and “legal assistant” that the Supreme Court of Florida passed a rule saying that it is not proper for a nonlawyer to use those titles if they are providing services directly to the public. Paralegals working in a law office often do have training and are often certified. They also have a code of ethics that they must follow, and work under a lawyer’s supervision, not on their own. Nonlawyers who do not work for a lawyer may not have any training and should not be using the title “paralegal”.

I say:

If a document preparer, who offers services directly to consumers, is refers to himself as a "paralegal" or "legal assistant" - I'd stay away. One of the very few clear cut rules regarding the unauthorized practice of law is that document preparers may not call themselves "paralegals" or "legal assistants". A "paralegal", and a "legal assistant", by definition, is supervised by an attorney; and document preparers are not. If a document preparer is unaware of that one very basic rule, it is likely that the document preparer is also unaware of other important information; AND is not a member of the Florida Association of Legal Document Preparers (FALDP). Members of FALDP must meet set standards to join; adhere to a code of ethics; and have an opportunity to become FALDP Certified. Document preparers may or may not have formal training. The use of the title "paralegal", in this context, has more to do with attorney supervision than training. Document preparers often have extensive training; many were formerly paralegals; some are retired attorneys or attorneys from other countries or jurisdictions.

What can this nonlawyer do for me?

The Florida Bar says:

The only thing the nonlawyer can legally do for you is to sell you a pre-printed form and type in the information that you provide to them. A nonlawyer cannot tell you what information you should put on the form, or even what type of form to use, and cannot help you fill it out. Basically, the nonlawyer can act as a secretary or typist.

I say:

The Florida Bar answer is partly correct. However, in addition to selling pre-printed forms and typing information, nonlawyers can assist consumers by locating a specific form for the consumer. It is a common request. Consumers contact document preparers and say they cannot find a specific form and ask for assistance in locating it. Consumers also often struggle understanding the instructions that accompany the Florida Supreme Court approved forms. The form instructions frequently delineate which forms must be filed simultaneously; and a document preparer can point out these instructions to the consumer. Document preparers can also answer procedural questions - such as:

• what happens next in my case?
• what happens after the other party answers the complaint?
• how long does the other party have to answer my petition?
• how do I efile? can a pro se litigant efile?

How do I know if the form provided by a nonlawyer is right?

The Florida Bar says:

You do not. You cannot rely on the nonlawyer to do it right. You are really representing yourself.

Again, nonlawyers can only supply forms and type in the information you provide.

I say:

Consumers who use document preparers are self-represented. And document preparers may not choose which forms a consumer is to use. Form selection is up to the consumer; and the forms are completed according to information provided by the consumer ... so any error is ultimately the responsibility of the consumer. Consumers who use document preparers are encouraged to educate themselves about their issue, and learn the applicable procedural rules. Through this self education consumers can become empowered in pursuing their own best outcome.

However, consumers can rely on document preparers to complete the required forms correctly. If a document preparer makes errors in completing documents, the consumer's recourse is the same as with any service provider: request corrections/ revisions; demand return of monies paid; or sue.

The ad says that nonlawyers provide the same services as a lawyer. Is that true?

The Florida Bar says:

No, that is not true. A lawyer can give you legal advice and go to court with you. A nonlawyer cannot give legal advice and cannot go to court. There are other important differences between a lawyer and a nonlawyer:

I say:

No, that is not true. Any document preparer who claims to offer the same services as a lawyer is an unauthorized practice of law investigation waiting to happen. And an FALDP member who claimed to provide the same services as a lawyer would be immediately reprimanded, and potentially face termination of membership.

The Florida Bar says:
• Lawyers are required to have a college degree and a law degree. There are no legal education requirements for nonlawyers.

I say:

Prospective FALDP members must submit a written application -- not all applicants are invited to join. Prospective members must agree to a background check; meet set standards posted on the FALDP website; and agree to abide by the FALDP Pledge.

The Florida Bar says:
• Lawyers are required to pass a stringent admittance examination to determine their competency, as well as a thorough character and fitness investigation, before being admitted to practice law. There are no such requirements for nonlawyers.

I say:

Certain specific red flags generally prevent an applicant from joining FALDP. Some of these specific red flags are: an applicant who is a disbarred attorney; applicants who have committed financial crimes; and applicants who have engaged in the unauthorized practice of law.

The Florida Bar says:
• Lawyers are required to maintain current legal education and take ethics courses periodically. There is no continuing education requirement for nonlawyers.

I say:

FALDP Certification requires at least 10 Continuing Education Units per year. FALDP Certification is voluntary within the association, and not all members choose to pursue certification. FALDP regularly hosts webinars which are open to all members at no charge. Topics include information business ethics, best practices, and UPL, among others.

The Florida Bar says:
• Lawyers are subject to comprehensive and tough ethical rules. There are no written ethical standards for nonlawyers.

I say:

All FALDP members are required to adhere to the FALDP Pledge. Failure to abide by those rules can be reason for termination of membership.

The Florida Bar says:
• Lawyers who are accused of misbehavior are investigated by The Florida Bar, which can lead to losing their license to practice law. Nonlawyers are not professionally accountable to any authority, although they can be investigated and prosecuted for engaging in the unlicensed practice of law.

I say:

FALDP members who are accused of misbehavior are investigated by FALDP which can lead to termination of their membership. Consumers who report to FALDP that they have been poorly treated, or have paid for services and received no documents - even when the document preparer is not a member of FALDP - are assisted. Sometimes FALDP will complete a consumer's documents at no cost or low cost when a non-member document preparer has failed to live up to his obligations.

The Florida Bar says:
• Lawyers are required to maintain client confidences. Nonlawyers have no such requirement, and could tell your secrets to anyone, even the other side.

I say:

FALDP member document preparers are required to maintain their customer's privacy according the FALDP Pledge:

• To respect my customers’ privacy.
• To keep in strict confidence my customers’ affairs, and not share information about a customer without that customer’s permission unless court ordered.

The Florida Bar says:
• Lawyers as a profession maintain a Clients’ Security Fund, which is intended to reimburse clients for some of their losses if a lawyer misappropriates trust funds. There is no such program for nonlawyers. A nonlawyer cannot be forced to give you your money back if a nonlawyer steals it from you or does not provide the services that were promised.

I say:

Document preparers do not typically handle trust funds. If a nonlawyer steals from a consumer or does not provide documents as requested, consumers can sue the document preparer or report the document preparer to law enforcement. Just as with any service provider, there are resources in place to protect consumers.


I still think I’m going to give the nonlawyer a try. My case is simple and I think I can handle it myself.

The Florida Bar says:

Every person has the right to represent himself/herself. But remember, cases that appear simple at first may turn out to be more complicated than you first thought. Finding a lawyer isn’t as hard as you think and you might be able to have your questions answered or get good legal advice during an initial consultation. If you do not have a lawyer, many local bar groups in Florida sponsor lawyer referral services, listed under “attorney” or “attorney referral services” in the yellow pages of the telephone book. These services can set up an initial appointment for you with a lawyer for a nominal fee (usually less than $50). If there is no lawyer referral service in your city, The Florida Bar’s statewide service can locate a lawyer for you. You can call this service toll-free at (800) 342-8011. The statewide service, which operates only in cities where there is no local program, will refer you to an attorney for an initial half-hour consultation for a nominal fee. The Florida Bar’s consumer pamphlet “How To Find A Lawyer In Florida” may also help.

I say:

Document preparers routinely urge consumers to seek legal advice or representation when and if the case becomes more complicated than the consumer first thought. Many consumers consult with an attorney before using a document preparer; and have already received legal advice before hiring a document preparer. Some consumers find attorney prices unaffordable after the initial consultation; and seek assistance for a legal document preparer instead of an attorney. It is also common for a consumer to seek the services of a document preparer after an attorney withdrew from his case. FALDP maintains a Member Directory with information about FALDP Members throughout the state. Consumers can call 800-515-0496 to be matched with a legal document preparer who may be able to assist them. 

In the long run, it is attorney's best interest to adapt with the times, and recognize that legal document preparers provide a vital consumer service, and have a niche in the marketplace. Attorneys railing against document preparers and trying to put document preparers out of business through intimidation and half-truths is a losing proposition. Just ask the dinosaur.