Preparing Legal Documents from Home

 

By now, during the pandemic, everyone who was inclined or able has made adjustments in their work life to work “remotely”. Now that the pandemic is really and truly winding down, some people are itching to get back to the office, others are more than content to continue working remotely from home.

I've been working from home since 2010, since I started my document preparation business and the Florida Association of Legal Document Preparers. The pandemic trend to work from home has not even been a blip on my personal work life radar. For me, nothing changed.

Preparing documents for consumers is an ideal work from home business. The only products are information and completed documents. Information can be provided to the customer either in a telephone call or an email. Completed documents can be sent via email.

Weigh it out. You know yourself better than anyone. Many people worked from home during the height of the pandemic for the first time. Some people loved it, others didn't.

You can also carve out a hybrid option for yourself. Work from home sometimes, and meet face to face with customers at other times. You may also discover that meeting with customers via video conferencing is the best of both worlds.

Experiment until you find what works best for you and your customers. Above all else, make sure that you enjoy your work, feel good by doing good.  

Here are some of the pros and cons of an at home document preparation business.

PROS

CONS

Solitude. There are only interruptions under your own control. Autonomy. You can set my own schedule to be the most productive and come and go as you please. No one looking over your shoulder, no walk-ins. Convenience. Working from home means there is no commute, and no need to go out to lunch everyday. Minimal overhead. No need to lease office space or keep up with the expense of a professional wardrobe. The lack of division between work and the rest of life may be a plus for some people. Rather than work/life balance, some people strive for work/life integration.

Isolation. The lack of in person human contact is stressful for some people. Distractions at home may make it difficult to stay on task. Things like the lure of the TV; family wanting attention; and afternoon naps are top distractions. It's more difficult to create rapport and trust with customers without seeing them face to face. It can be more difficult to create credibility with customers if they know you work from home. There may be very little division between work and the rest of life. Some people might find this exhausting.

I'm back!

 Hi everyone,

After nearly a six month hiatus, I'm back, The air and the internet seemed too full of noise. I had to back off for a while. I didn't want to add to the noise, and wasn't sure that my voice would be heard anyway. Maybe the world has calmed down some, as we trudge our way to normal. Maybe it's a normal that will never come. Could be -- this is it. 

And, if this is it. Fine by me. We'll manage just fine. Nothing is ever static - as it is - change being the only constant. 

I have gone through some personal troubles right along with the world spinning out. I'm better now. As we go forward I'll write here regularly, my take on social issues; pro se rights; the legal document industry; and the world as I see it. 

Thank you for reading, and please comment.

Ruth Tick

How much does a Florida divorce cost?

How many angels can dance on the head of a pin? How long is a piece of string? It depends. If the divorcing couple can come to agreements about how to divide their assets and debts; and agree on their mutual responsibilities to their children, our services are ideal. A typical base price for a document preparer to prepare divorce documents is around $299. with some add ons depending on your situation. If you have children, then you'll need a Parenting Plan which may be an additional $75 or so; and if you need a Marital Settlement Agreement to divide your property and debt, that may also be an additional cost. Most document preparers also prepare the Child Support Guidelines Worksheet, and the Family Law Financial Affidavit for an additional fee. (You usually have the option of preparing any of these yourself, to avoid the fee.) There are some other possible add ons which you may or may not need. So, all told, using a document preparation service, your divorce might cost around $500 - $600 for the prepared documents. The filing fees, which are paid directly to the court are $408.; and if you need to have the other spouse served by a sheriff, an additional $50. So, using a document preparation service, the document preparation fees and court filing fees combined are usually around $1000.

A thousand dollars may sound like a lot of money, but if you look at what you might spend with an attorney – you'll change your mind. According to Lawyers.com on average, a Florida divorce, using an attorney, costs $13,500. which includes $10,700. in attorneys' fees. So, on average, consumers spend over $2,800. over and above the $10,700. attorneys' services and fees. According to the linked article: “After attorneys' fees, the rest of divorce costs come from expenses, which includes fees for court filings, mediation, and the cost of copying and serving documents. Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts. Average expenses in Florida divorces were $2,800.”

We would never tell anyone whether they should or should not hire an attorney. Sometimes there is no other way. But, we will tell anyone and everyone that if there is any way that a divorcing couple can come to agreements about their assets, debts, and children; they'll have more dollars left over to secure their assets; pay down their debts; and take care of their children.

New laws 2020

Some new laws went into effect on January 1, 2020. It pays to stay abreast of these legal changes, as some may directly affect you.

• Officers started issuing tickets for the texting and driving law. This law went into effect July 1, but law enforcement had been using the first six months to issue warnings to drivers. The new law makes texting and driving a primary offense, which means you can now get pulled over for it.
• The minimum wage went up 10-cents starting January 1, 2020 in Florida. That means workers will make at least $8.56 an hour which is above the national minimum wage. The wage for servers and tipped based professionals will also increase by 10 cents, from $5.46 to $5.56. 
• For the first time, Floridians can execute wills online, and notaries can affix their seals and signatures to legal documents signed out of their presence, if they witness the signature via live, two-way video links. Third-party witnesses needed for wills and other documents may also appear remotely.
• County court jurisdictional thresholds increased to $30,000 on January 1, 2020, and to $50,000 on January 1, 2023.
• Small claims cases on January 1, 2020, will include cases up to $8,000
• Filers will be required to include a civil cover sheet specifying the dollar amount in dispute in cases exceeding $8,000 in value.
• Have your own business and been looking to have a store front? It's not much but taxes for a commercial leases dropped from 5.7% to 5.5% starting January 1.

Season's Greetings!

Best Wishes to you and yours this holiday season!

Why FALDP?

Why indeed. We've used a marketing piece for some time that explains the “what” of FALDP, among other statements, it says: “FALDP is an industry leader – empowering the people – and working everyday to make Florida a better place to live”. I believe those words are true, I fervently hope that we are, in fact, making Florida a better place to live.

But, why? Why did we form FALDP? Why is there a need for us? What is our reason to be? Our raison d'être ? The phrase, « find your why » has been bandied about of late, and has sunk from a catch phrase to a cliché by now. But, phrases become over used for a reason. Its because they resonate, hit a nerve, and yes, sometimes the last nerve.

The simple reason we exist is that people need us. People need document preparers. Not want, need. Our services are steadily in demand.

''You can't fight for your rights if you don't know what they are .'' Chief Justice John Roberts

''One of the primary reasons our nation’s founders envisioned a vast public education system was to prepare youth to be active participants in our system of self-government. The responsibilities of each citizen were assumed to go far beyond casting a vote; protecting the common good would require developing students’ critical thinking and debate skills, along with strong civic virtues/.''

BY AMANDA LITVINOV (3/2017)

Low knowledge of essential facts

The 2018 Annenberg civics knowledge survey, released for Constitution Day (Sept. 17), found that many people do not know how the branches of government work:

• A quarter (27 percent) incorrectly said the Constitution allows the president to ignore a Supreme Court ruling if the president believes the ruling is wrong;
• But a slim majority (55 percent) knows that a 5-4 Supreme Court decision is the law and must be followed, about the same as last year.

Annenberg Public PolicyCenter, (9/2018)

Why am I telling you this? And what does this have to do with FALDP? We're document preparers, we don't need to know about rights? Oh, really?

We can't give legal advice … but, the fact is that everybody gives everybody legal advice all the time.

• Don't drink and drive;
• Wear your seat belt;
• As an employer or landlord, you should not discriminate based on gender, race, or national origin. Its against the law;

According to the State ofTexas:

What is Legal Advice?

Court users are asking for legal advice when they ask whether or not they should proceed in a certain fashion. Telling a member of the public what to do rather than how to do it may be giving legal advice. Legal advice is a written or oral statement that:

 Interprets some aspect of the law, court rules, or court procedures;

 Recommends a specific course of conduct a person should take in an actual or potential legal proceeding; or

 Applies the law to the individual person’s specific factual circumstances.

What is Legal Information? Clerks and court personnel may:

 Provide public information contained in dockets, calendars, case files, indexes, and other reports.

 Recite common, routinely-employed court rules, court procedures, administrative practices, and local rules, and explain generally how the court and judges function.

 Refer self-represented litigants to a law library or the court’s website for statutes, court rules, or forms.

 Explain the meaning of terms and documents used in the court process.

 Answer questions concerning deadlines or due dates (without calculating due dates).

 Identify and refer self-represented litigants to court forms.

According to Find Law:

What Legal Advice Is

Advice from friends or family does not constitute legal advice. True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing.

In a nutshell, legal advice has the following characteristics:

• Requires legal knowledge, skill, education and judgment
• Applies specific law to a particular set of circumstances
• Affects someone's legal rights or responsibilities
• Creates rights and responsibilities in the advice-giver

Unlike legal information - such as information posted on a street sign - legal advice proposes a specific course of action a client should take. For instance, it's the difference between telling someone what to do (legal advice) as opposed to how to do it (legal information).

Examples:

• Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person
• Representing a person before a court or other governing body
• Negotiating legal rights or responsibilities on behalf of a person
• Speculating an outcome
• Selecting or filling out specific forms on behalf of a client

Specific legal advice questions may include:

• Should I file for bankruptcy?
• Does my disability qualify for federal assistance?
• What kind of recovery can I receive for my accident? injuries

What Legal Advice is Not

While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action. To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths to clarify that any information contained in their site should not be construed as legal advice nor form an attorney-client relationship.

Examples that do not constitute actual legal advice:

• Legal information obtained from free online legal websites, including a law firm or attorney's own website
• Advice from friends, family members, or former clients of a lawyer
• Information you hear on the radio
• Information you read on social media websites
• Information you see in news periodicals or on billboards
• Responses to legal questions posted in online Q&A boards, even if provided by a licensed attorney
• Printed materials listed in a "how to" guide
• Legal "self help" forms

Specific legal information questions might include:

• Where can I find the Federal Medical Leave Act?
• What does the acronym EEOC mean?
• What are the gun laws in my state?

Confused yet?

Yes. I think everyone is confused, including the courts. As an experienced document preparer I can point to many instances where a court clerk most certainly has told a pro se litigant what form to file. It happens all the time. So, as nonlawyers, the clerks of court, routinely select forms for pro se litigants, even though selecting forms for pro se litigants is a prohibited act.

And, do we ignore a customer's request for advice? Yes, but, the technique is to turn their request for advice into a request for information and then point them to the information. Is this word play -- semantics? Yes.

Think about these scenarios:

A customer comes to you and says that the landlord won't fix the leaking roof. And that customer asks you what he should do. Beware the “should” word. Telling someone what they should do might be giving legal advice. A better practice, particularly if you frequently prepare documents for landlord/ tenant issues, is to point him to a source of information, like Top 10 Landlord Legal Responsibilities in Florida , let the customer explore his options.

Another customer comes to you because she has been served a complaint for a past due credit card debt. She says that she knows she owes the debt, but it was years ago, and she thought the credit card company had written it off. It is helpful to know the following:

Florida’s statute of limitations varies for different types of debts. For written contracts such as personal loans, the statute of limitations is five years. So once this type of debt is more than five years past due, the lender can no longer sue in order to collect owed money. For other debts, the statute is shorter. Oral contracts and revolving accounts such as credit cards have a statute of limitations of four years.

https://www.debt.org/faqs/americans-in-debt/consumer-florida/

And point your customer to that information. However, that information isn't quite enough, because the pro se litigant must bring up the statute of limitations as an affirmative defense in their Answer. That information is in the Florida Statutes and can also be found here - https://blog.credit.com/2019/07/seven-ways-to-defend-a-debt-collection-lawsuit-62166/

In my experience, I've found that pro se litigants can figure out the basic substantive law. It is procedural law that stymies them. And, its my understanding that we can explain procedure providing we don't cross over the boundary between explaining procedure, into using procedure as strategy. We can explain what comes next, procedurally, as in: after the defendant/ respondent is properly served he has 20 days to file an answer. But, to tell a pro se defendant / respondent that instead of filing an answer, as long as he files something within 20 days, may be using procedure as strategy.

The reason FALDP exists is to help consumers and pro se litigants navigate the court system; and provide a hub for Florida document preparers. We're proud of what we do, mainly because we think we're helping make Florida a better place to live.

Thinking of a “No Court Divorce in Florida”? – Think Again.

I've seen some nonlawyer document preparers marketing their services for a No Court Divorce. A No Court Divorce is possible when the divorcing parties agree on every facet of their divorce, including division of assets and debt; child support; and child custody. While a divorce in Florida is possible and even legal without either party ever appearing in court, it may not be the best idea. And here's why:

Most importantly, the lack of legal assistance and judicial oversight could lead to disastrous results. By definition, nonlawyer legal document preparers may not advise consumers [pro se litigants] about their specific legal rights or remedies; advise about legal strategies; or represent anyone in court. Pro se litigants may not be aware of rights they are giving away, and without a court hearing, their lack of knowledge could be reflected in the Final Order of Dissolution. Many of the nonlawyers preparing the forms for No Court Divorces, do not rely on mediators to ensure that the parties are in agreement. Rather the document preparer may act as the de facto mediator and is unlikely to be certified as a Florida Family Court Mediator.

One of the parties may be going along to get along, and believe that they have no choice.

The usual Florida divorce process is that one party, the Petitioner, prepares the required documents with the help of a document preparer, an attorney, or without help, and then serves the other party, who is called the Respondent. The Respondent has an opportunity to file an Answer and can agree or disagree with the documents prepared by the Petitioner. The No Court Divorce process requires that the parties are in full agreement on all issues.

I have prepared Florida divorce documents for pro se litigants for over twenty years. Very few of these divorces were completely without disputes. After all, if a couple were in complete agreement about everything, then they probably wouldn't need a divorce to begin with. When there are disputes, the court will refer the parties to a mediator to help them find a resolution.

Examine why its important to you to not appear in court.

Are you in the military and stationed overseas?

Even if you are the Petitioner in the divorce, you can request to appear telephonically. You make this request through a motion to the court.

Do you simply want to avoid the inconvenience?

If your reason for not wanting to appear in court is mostly due to convenience, you may need to consider your priorities. A divorce is a life changing event, not taking the time to attend the court hearing, and taking the chance that something goes wrong which could have been avoided is a chance that you should carefully consider.

Are there other legal issues that may come out? Outstanding warrants? A deportation order?

My first suggestion is that perhaps those issues need to be addressed prior to filing for divorce at all. But, if the divorce wasn't your idea, then you may not have that choice. However, only the Petitioner is generally required to appear in court anyway. The Respondent can waive his/ her appearance.

If your other issues are ongoing and cannot be easily resolved, you still have some choices. As the Respondent, you can waive your appearance or request to be heard telephonically. As the Petitioner, you can request to be heard telephonically, but that may or may not be allowed depending on your specific reason and the judge's discretion. Florida attorneys are specifically allowed under Florida Bar rules to offer limited services for family law. This is often called “unbundled services”, and can mean anything from a review of documents to an appearance at a court hearing.

I believe that some document preparers who aggressively market the No Court Divorce process prey on the fear of undocumented immigrants who are already afraid to appear in court. Florida family courts do not have jurisdiction over immigration matters. However, a deportation order or deportation of a parent would have an effect on the best interest of a child. So a divorce with children where one or both of the parents are undocumented, should be handled with extreme care and caution. A document preparer may not have the knowledge and expertise to know how to proceed. And, even if that document preparer has both knowledge and expertise is prohibited from offering legal advice. Parents in this situation need legal advice, not simply a way to avoid a court appearance.

An unintended consequence of a No Court Divorce can be that the divorce documents are filed in a distant Florida county. Not all Florida counties allow No Court Divorces, and it isn't necessary to reside in a certain county to file for divorce in that county. However, if there are subsequent proceedings, perhaps enforcement of child support or a modification of time-sharing, the parties would need to file these documents in the county where their divorce was filed, which may be where neither parent resides.

So, if you were thinking of filing a No Court Divorce – Think Again. You might be creating ongoing problems, by trying to avoid a court appearance.

FALDP Turn Key Business Bundle - Annual Conference Special Offer

The Florida Association of Legal Document Preparers (FALDP) is offering a special offer along with the Turn Key Business Bundle. Purchase of a Turn Key Bundle also includes the $95 conference fee.

We offer our Turn Key Business Bundles to motivated applicants who possess the qualities that will promote success. Drive, ambition, empathy, persistence, honesty, and attention to detail; combined with integrity, and a true moral compass. Ultimately, the key to your future is in your hands. We do our best to promote the success of our Turn Key Owners, but can make no guarantees. Are you up to the challenge?

Our Turn Key Business Bundle has helped many document preparers successfully launch their business. The Bundle includes courses, FALDP membership, a custom website and more. 

Learn more about our association, more about our conference, and more about FALDP membership. Call 800-515-0496 with any questions ... or just to say hi.

5 Reasons Consumers Love Legal Document Preparers

1. Cost. Document preparation services are not the same as attorney services, nor are they meant to be. Document preparation fees are much lower than attorneys' fees, because legal document preparers do not offer legal advice, and do not provide representation. Document preparation fees for things like divorce, bankruptcy, and small probate can be as little as 10% of what consumers would expect to pay an attorney to prepare these same documents.
2. Control. Consumers always remain in control of their legal action. It is up to the consumer, the pro se litigant, to educate himself about the issues and to construct his own strategy. Having control of the case strategy allows the self-represented litigant to be more agile in making compromises, and by being in control may be able to avoid long drawn out litigation.
3. Communication. Legal document preparers are generally superb communicators and are happy to keep their customers informed about their work. Many document preparers teach their customers how to check their case docket, deal with the court clerk, and efile their documents.
4. Court procedure. Many legal document preparers are former paralegals with years of experience working for law firms. Florida court procedure is confusing, but most document preparers are well aware of the minutiae of timelines, formats, and court rules.
5. Access. The pro se litigant is a customer to the legal document preparer – a valued customer. The level of customer serviced offered by legal document preparers includes easy access to the document preparer. Most document preparers operate solo or have a very small staff, so the customer almost always communicates with the same person preparing his documents.

Please sign our petition!

Dear Customers and Friends:

I need your help. The organization I belong to, the Florida Association of Legal Document Preparers, is working to convince the Florida Bar to remove the shackles placed on our profession. I only just recently learned I can ask folks other than just our membership to help us get this goal reached. Here are the points involved in this battle (and it is a battle), to cause the Bar do the following:
1. Investigate Unauthorized Practice of Law when there is consumer harm. Not when there is "potential" harm.

2. If the Florida Bar demands that we follow their rules, make those rules clear, and set out in a fashion in which document preparers can easily find and refer to the rules.

3. Lighten up on the investigation of document preparers altogether. We feel we are being bullied and harassed by an entity that does not supervise us. The Florida Bar is authorized to investigate UPL but putting document preparers out of business is counterproductive all around.

4. Give us some recognition for what we do. We are part of the solution to the ongoing justice gap. Until consumers are being served fully, there is no need for us to be perceived as a threat to lawyers.

I’m asking you in all sincerity to please, follow the link below, and vote for our freedom to help those who can’t help themselves in these issues.

Here are some comments which have been left by others who have joined to support our cause:

"Attorneys are very expensive and there are many things that can be handled by an individual if they have the right forms."
"Many people need help in the courts and cannot afford a huge retainer fee just to get any kind of justice."
"Stop beating on the little people in the business

To each of you who I have helped type up legal paperwork, I’ve explained how, even if we have a college degree in Paralegal Studies, unless we work directly for an attorney, we aren’t allowed to call ourselves by that title. With no written guidelines, we are expected to know what we can and cannot say to a customer to avoid Unauthorized Practice of Law. Many unsuspecting paralegals in this situation have put themselves in the path of losing their right to help folks by calling themselves that title. People can by law,  get help from us to get their legal forms filled out, with the same accuracy and at a much lower cost than if they had to hire an attorney. This not only is wrong for the document prep folks, it hinders everyday people from saving money. The link I’m providing in this letter leads to a Petition our Petition.  You can truly be of help to right a wrong.

Here is the link to the petition: https://www.change.org/p/the-florida-bar-allow-nonlawyer-legal-document-preparers-to-continue-to-help-consumers-without-interference

Every signature counts. We now have over 400 signatures. Need 500.

Thank you so very much for your support!

Ruth Tick and the FALDP Team.

Florida Family Adoptions Made Simple

Florida adoptions are governed by Florida Statute 63. Private adoptions and adoptions of someone who is not a close family relative require a home study, background check, or the MAPP course (Model Approach to Partnerships in Parenting). However, Florida family adoptions have no such requirements, making the process faster and more affordable. While adoptive parents can certainly retain counsel to oversee the family adoption process, there may be no need. If all parties are in agreement, there is usually no need to hire an attorney.

Stepparent Adoption

In Florida a stepparent adoption is considered a family adoption. The petition for stepparent adoption and most of the required forms are Florida Supreme Court approved forms and can be downloaded for free from the Supreme Court's website. Stepparent adoptions are almost always consensual. Usually one of the child's biological parents has primary or sole custody of the child, and the other parent is not actively participating in the child's life. The biological parent's role is to simply sign the consent form, which must be notarized, and witnessed by two people.

If the biological parent pays child support, he or she will be relieved of that obligation once the adoption is final. This, in itself, can be a motivation for the biological parent to sign the consent form, particularly since he or she has been paying child support for a child he rarely sees. The consent form not only consents to the adoption, but also terminates the biological parent's rights.

Sometimes a judge may sign the order of adoption even though the biological parent has not consented. For example, if the biological parent is in prison, has had no contact with the child for a number of years, and stubbornly refuses to sign the consent form, a judge may grant the adoption without that consent.

Relative Adoptions - Within three steps of consanguinity

Florida also recognizes as family adoption, adoptions by close family relatives. For adoption purposes, a close family relative is defined as “within three steps of consanguinity”. Consanguinity means blood relation. Following is a handy chart to help make it easier to see who is a close family relative.

PERSON

1. PARENTS

2. GRANDPARENTS

3. GREAT GRANDPARENTS

1. CHILDREN	2. SIBLINGS
2. GRAND CHILDREN	3. NIECES/NEPHEWS and AUNTS/ UNCLES

3. GREAT GRAND CHILDREN

There are no petition forms for any type of family adoption except for stepparent adoptions on the Florida Supreme Court's site. However, most of the required forms are identical except for the petition forms. A couple Florida counties have local forms for grandparent adoptions. The main differences in the process are in stepparent adoption, there is only one biological parent that needs to consent. In other family adoptions, both parents need to consent.

Whereabouts Unknown:

Occasionally that the whereabouts of a biological parent are unknown. In that case, a diligent search must be conducted, and an Affidavit of Diligent Search must be filed along with the other required documents. If the parent is not located during the search, then he or she can be served legal notice through constructive service. Constructive service is notice by publication. A Notice of Action form is filed with the clerk of court after all efforts to locate the parent have been exhausted.

Form requirement oddities

A search or the putative father registry is required in all Florida family adoptions. The intent of the putative father registry is to preserve the paternity rights of an unwed father, if, for example, he fathered a child and then he and the mother parted company. The original intent was that the father could register that he was the likely father of a child and then the child could not be adopted without his consent and further proceedings. As it is, since all adoptions require the search, even when the identity of the father is known, a search must be conducted.

Another form that may seem odd to some filers, is the Indian Child Affidavit. This affidavit states that the child is not an (American) Indian child. It is a federal form that is required in all Florida adoptions.

We can help.

Although people can certainly hire an attorney to oversee the adoption proceedings, there may be no need. If all parties are in agreement, and there is no dispute, a Florida legal document preparer can prepare the documents for a stepparent adoption or a relative adoption. If you need help with adoption forms, contact us at 800-515-0496, or visit us online at ADOPTION.

Why Choose an FALDP member as your legal document preparer:

Why Choose an FALDP member as your legal document preparer:.

A legal document preparer is never a substitute for an attorney. However, if all a consumer needs is properly prepared documents, a legal document preparer may be just the right choice. Legal document preparers may not provide legal advice or representation, but if no advice or representation is needed, consider the services of a legal document preparer. Members of the Florida Association of Legal Document Preparers must meet certain standards in order to join this association. Among these requirements are: 

• Completing our Online Courses - INTRO & a content specific course, or;
• Two years experience preparing Florida legal documents, or;
• Two year paralegal course, or;
• A combination of related professional experience and education, and
• Above average proficiency in spoken and written English;
• Acknowledges and agrees to follow the rules set forth by the Florida Bar Association and the Florida Supreme Court regarding UPL;
• Agrees to refrain from offering legal advice, and to refrain from representing themselves as legal experts.
• Agrees to abide by the FALDP Pledge.

Six Ways our Members Help Consumers

1. Providing Legal Information. A document preparer can assist consumers by locating laws, cases, and court rules. Although, the interpretation of this legal information is considered legal advice, locating them and providing them to consumers is perfectly fine. For example, on many of the instruction sheets for Florida Family Law Supreme Court approved forms, a Florida Statute is referenced, but the statute itself does not appear. Many Florida Statutes are straight forward and do not require legal interpretation. Providing the statute itself to the consumer may be all that is needed for the consumer to make an informed decision.

2. Explaining Procedure. Many consumers are stymied by not knowing the steps in their case. A document preparer can explain procedure so that the consumer knows what to do next, or what to expect next. And the consumer can also get a better idea of time frames and deadlines once he has a basic understanding of legal and court procedure.

3. Preparing Documents. Document preparers help consumers by preparing complete and proper documents to file in their case. Sometimes a form's instructions includes a list of which additional forms must be filed at the same time. However, sometimes the list is incomplete or more forms that must be filed at the same time are listed on yet another form's instructions. While a document preparer may not select forms for a consumer to file, showing the consumer which forms are required according to the court's written instructions helps the consumer follow the court's rules and moves their case along.

4. Formatting Documents. While many consumers may be able to fill out forms themselves, consumers may not be aware of specific formatting requirements, such as font, font size, margins, etc. By providing the court with properly formatted documents the consumer

4. Active Listening. Legal document preparers may not offer legal advice, but there are no rules to say a document preparer should not actively listen to their customers. Asking questions that help the customer arrive at their own decisions or acting as a sounding board may be the most valuable aspects of hiring a legal document preparer.

5. Flat Fee Pricing. Most document preparers offer flat fee pricing for various form sets. The flat fee pricing allows consumers to know in advance how much to expect to spend. And, rolled into the flat fee pricing plan, most document preparers also include corrections and minor revisions at no additional charge.

6. Affordability. Since consumers are only paying document preparers for limited nonlawyer services, the fees document preparers charge are much lower than an attorney might charge for similar document preparation services. By definition, document preparers do not provide legal advice, and if the consumer has no need for legal advice then there is no reason to pay for it.

So, for consumers who do not require legal advice or representation, a legal document preparer may be their best option.

CALL TODAY 800-515-496 OR VISIT WWW.FALDP.ORG

Summary Administration and Homestead Real Property

Most Florida homeowners know that Florida has the strongest homestead laws in the country. Besides, a discount on property taxes, homestead laws provide protections from creditors. But, many homeowners don't realize that some of these protections extend to their heirs or beneficiaries when they die. And, even though the value of the homestead property exceeds the estate value of $75,000. to qualify for a summary administration of estate, the summary process can still be used.

Florida summary administration of estate is a faster way to settle an estate, and does not require an attorney. Here is the statute:

Florida Statute 735.203

(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.

An estate with a value of more than $75,000 is called a formal administration of estate and an attorney is required.

When someone with Florida homestead property dies, the real property, the decedent's home is considered an exempt asset. The value of the homestead property is excluded from the $75,000 ceiling amount to qualify for the summary process and retains its protections as it passes to the heirs or beneficiaries.

For example, when Louise dies, she has as estate assets: her home which is homesteaded, and $5000. in a bank account. The value of her home as shown on the tax assessor's website is $200,000. and the bank account is in her name only. Even though the value of the estate exceeds $75,000. her estate can still go through the summary process, because the value of the homestead real property is excluded and exempt.

The benefit to her heirs or beneficiaries in being able to use the summary process are (1) no attorney is required; and (2) the filing fees are lower; and (3) the process is faster. The summary process is generally complete in 6-8 weeks, while the formal process can take 1-2 years. Since an attorney is not required, a beneficiary or personal representative can file the documents to settle the estate. So, Louise's heirs or beneficiaries can save money and receive their inherited assets in much less time.

The homestead exemption also provides protection against claims of creditors. Let's say, in this same scenario, Louise left outstanding credit card debt of $18,000. The credit card company could place a claim against the estate and be entitled to the funds in the bank account, but the credit card company would not be entitled to place a lien on the homestead property or force the sale of the homestead property for the remaining amount Louise owed.

Many of our FALDP members prepare documents for Summary Administration of Estate. Please contact us if we can help you with a Summary Administration of Estate. Visit our site or call 800-515-0496.

Divorce ~ After the Holidays

Divorce isn't easy. It never is. Two people come together believing they'll spend their lives together, but then for a thousand reasons the marriage may not work. Some reasons people split are basic other reasons are complex. However, the fact remains that people marry and people break up. Every relationship runs its course … some are brief, some last for a life time.

If you are at the beginning stages of divorce or a paternity action. Or if you are contemplating a break up, you likely have many questions about the process. You also may have questions about your rights and responsibilities. The cost of an attorney may be prohibitive. Or you may want to educate yourself before hiring an attorney.

We have developed a course that may help answer some of these questions. “We” is the FloridaAssociation of Legal Document Preparers, a statewide trade association of nonlawyer forms preparers. As the name of our association clearly implies, we are NOT attorneys. Our course is the Divorce and Paternity Readiness Course. There are two parts. The first part addresses the emotional aspects of a divorce or break up. How are you going to feel after you're no longer half of a couple? How are you going to plan your life minus your spouse or significant other?

The second part of the course breaks down the basics. You have a million questions. Document preparers are asked these questions all the time. Some we can answer, others we can't. Document preparers are specifically prohibited from giving legal advice, so we can't answer any legal questions. Some questions we hear frequently are:

• How does the judge decide child support?
• How does the judge decide child timesharing and custody?
• Should I ask for alimony?
• What is a Qualified Domestic Relations Order (QDRO), and do I need one?
• What is shared parental responsibility?
• Do I get the house?
• Do I get to keep my car?
• Will he or she have to pay off credit card debt?
• Do I need a Marital Settlement Agreement?
• What's the difference between equal distribution of assets and debts; and equitable distribution of assets and debts?
• What if he or she was hiding assets during the marriage?
• What if he or she is engaged in illegal activities or substance abuse?
• What if there is domestic violence within the marriage?

And for the unwed fathers contemplating a break up, there are more questions:

• Why won't my child's mother let me see my child?
• I'm on the birth certificate, doesn't that make me the legal father?
• Why do I have to pay child support, when I can't even see my child?

Many of these questions are legal questions that a document preparer may not answer. But, our course can and does. Part II of our Divorce and Paternity Readiness Course provides the facts and information, you apply these to your circumstances. After completing our course, you'll:

Be able to make informed decisions about your divorce and break up;

Understand your rights and responsibilities;

Decide whether to prepare your own divorce or paternity documents, hire a legal document preparer, or retain counsel.

The cost for our course is only $59 for Part I; and $59 for Part II. For a limited time, Part II is free to all who complete Part I. So, if you're contemplating divorce or paternity action, or are at the beginning stages of either process, do yourself a favor and learn all you can. Your knowledge and active participation in the process will help make the transition from being a couple to being a single person much smoother.

Court Reporters in Family and Civil Court

Many novice pro se litigants believe that a court reporter will automatically be present during their civil or family law court proceedings. That belief is generally wrong. Hearings before a Family Law General Magistrate are tape recorded, as are criminal proceedings. However, hearings before a Circuit Court Judge, including a Family Court Judge, usually are not. At least not automatically; and not free of charge. As a document preparer, I encourage my pro se customers to appear at contentious court hearings with a court reporter in tow.

The litigant who hires the court reporter typically bears the cost, but may try to split costs with the opposing party. Court reporters generally charge an hourly fee to attend the hearing based on the length of time allotted and their fee structure. Expect to pay a minimum of $100 for the court reporter to attend the hearing. Then if you decide you need the proceedings transcribed, additional fees apply. Transcription fees are charged by the page. A court reporter may be able to provide a ball park estimate as to transcription cost based on the length of the hearing.

In general, you won't need to have the proceedings transcribed if the hearing goes well, or, at least, as expected. Its only when things go wrong, that the value of a court reporter becomes clear. Hiring a court reporter is a bit like insurance. You hope you'll never need to use it, but are certainly relieved if you purchase it and then need it.

Having a written transcript can benefit you in many ways.

• First, there is a record of the proceedings. You won't have to rely on your memory about what you said, what the other party said, or what the judge said.
• Second, you may find that you need to use the transcript in further proceedings. Maybe the opposing party said something during the hearing, that raises a new question. You might want to further explore the new issue with a discovery request for clarification.
• And, third, if you find that you need to appeal the judge's ruling, having a written transcript of the proceedings will be extremely helpful.

The very presence of a court reporter in the room may help you. People, including the opposing party and the judge, tend to behave better when they know every word is on record.

So, if you're headed to court, go ahead and hire a court reporter. It may be an unnecessary expense. Or, having had a court reporter present may prove invaluable.

Small Claims - How to get started, and what to expect.

     

   

Scenario: Suppose you were driving down the road without a care in the world, stopped at a traffic light, and crash. You were rear ended. So you pull over to the shoulder and the driver that hit you dutifully does the same. On the verge of tears, the other driver pleads with you not to call the police, and promises to pay for your vehicle's damage within the month. As you look at your car, you decide that maybe the damage is not so much, and you sure don't want to make this nice lady cry. So you exchange information: driver's licenses, addresses, and insurance.
Over the next week, you go to three auto body shops for estimates, and inform the other driver of what you found out. She agrees to pay you $2300 which was the middle estimate given. Again, she promises to pay by the end of the month, and you believe her. The next week, you text her asking when she will have the money she promised. She texts back saying she'll have it soon, but doesn't have it right now. You reply that you'll agree to a payment plan. She says that sounds good, and will get back to you as to what arrangements she can do.
But … when you call the next week to follow up, she won't pick up. After several attempts, you are left with two choices, take her to court, or forget about her paying you what you're owed. Everyone has their limit, you decide $2300. is too much to forget about it, so you decide to sue her in small claims court

Steps to filing your case:

1. Gather up the information that the other driver gave you at the scene of the car crash.
   
2. Download the text messages between you and the other driver from your phone onto your computer, so that you can print them out when the time comes.
   
3. Locate the court forms you'll need to file: Small claims cover sheet; Statement of Claim; and Summons.
   
4. Fill out the forms (handwritten is acceptable, typed is better); and take them to your local courthouse to file.
   
5. Be prepared to pay the filing fee, summons fee, and fee for service of process. The clerk of court may require separate payments for each, and may be specific as to payment method. So, either call ahead or take a debit card, credit card and checkbook along with you when you file.
   
6. You should also plan to attach to your filed documents either your proof of payment that your vehicle repairs have been done; or the written repair estimate that you're relying on.

What to expect:

When you file, you'll be assigned a case number and a date for a pre-trial conference. The sheriffs will hand deliver the papers that you filed to the other driver. Arrive at the pre-trial conference hearing at least fifteen minutes early. In many jurisdictions, before you even speak to the judge, you and the other driver will be assigned a mediator to see if you can come to an agreement. If you are not able to agree, you'll then go in front of the judge. The judge will call your case and you, the Plaintiff, will approach the podium first to explain your case. At this time you can offer to show the judge the downloaded text messages between you and the other driver; and/ or offer to show the judge the texts on your phone. You want to be able to show the judge that the other driver was at fault, and knows she was at fault. Generally, rear end collisions are considered to be the fault of the driver who rear ended the car in front. But, not always. The other driver may claim that your brake lights didn't work, and that she is not at fault. This is why you need to plan on showing the judge that the other driver knew she was at fault.
 

The time has come.

The time has come for legal document preparers to be known as the best thing since sliced bread and just as commonplace. The push pull of document preparers grasp on the market place has been going on for decades. Document preparers know, consumers know, judges know, and even attorneys know that our services are part of the legal landscape. Legal document preparers struggle to continue their work offering low cost alternatives to consumers. The Florida Bar wishes we did not exist. But, if wishes were horses …

… beggars would ride.

Document preparers do not take work away from attorneys. The type of legal service that document preparers provide is not the same as what an attorney provides. Document preparers prepare documents – forms. Document preparers do not give legal advice. Document preparers do not appear in court. Many of the consumers who use document preparers would not use an attorney anyway, either because of the expense, or the consumer's belief in the old saying – once bitten twice shy.

Traditionally, consumers' knee jerk reaction when faced with any legal matter is to hire an attorney. There is a strong and pervasive bias stemming from the traditional legal establishment that every consumer needs an attorney for every legal matter. This presumption is just not true. Believe it or not, some legal matters are not contested and are documents only. Many consumers are sophisticated enough to research and find information about substantive law as needed. Consumers struggle with formatting and procedure. And the fact remains, sometimes it is just not possible or practical to pay attorney's fees.

So here we are.

I came across an article in the Denver Business Journal. It was a panel interview about market disruptors. One of the panelists was Tom Romer of Greenberg Traurig. Greenberg Traurig is an international law firm with more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East. GT has been recognized for its philanthropic giving, was named the largest firm in the U.S. by Law360 in 2017, and is among the Top 20 on the 2017 Am Law Global 100.

Here is what Mr. Romer said:

“How has innovation affected current business social and legal paradigms?

ROMER: The paradigm shift that is happening in law is really interesting. The legal industry is basically a guild. We try to prevent competition and of course, protect legal service users, by prohibiting the unauthorized practice of law. Which means that no one can offer legal services without a law license. However, companies are disrupting that model and appear not to follow those rules. It’s similar to how ride share companies appeared to ignore public transportation regulations and created a business model that regulators said wasn’t compliant. But suddenly, everyone was using ride share companies and regulators had to figure out a way to approve it. If lawyers are so naïve as to think our little guild is going to protect us for the next 10 or 15 years, we’re going to wake up and see something new in the marketplace that is so popular our regulators will have to accept it even if it could be technically unauthorized practice of law. “

My takeaway is that legal document preparers have to become better known. Even though document preparers have been around for decades, we fail in making our services widely known. Part of the reason for that failure is the urge or need to fly under the radar to avoid attention from the Florida Bar. However, as we avoid the Florida Bar's attention, we fail to attract the attention of many consumers who might benefit from our services.

In that same article, Romer went on to say: “Lawyers and law firms have been slow to adopt change. But the conventional wisdom is that the practice of law will change more in the next 2 to 5 years than it has in over 200 years. What’s going to happen in the legal industry will be a wave of white-collar disruption.”

So let's disrupt and disrupt some more. I write about issues affecting legal document preparers and pro se litigants – legal access, unauthorized practice of law, and pro se rights. Please check out some of my other blog posts, especially “Uberish” and “We Are Disruptors”.

I welcome your questions, comments and shares.

Mind the Gap – the Justice Gap.

Signs that say “Mind the Gap” are posted in London tube stations to remind people getting on and off the subway to be careful to watch their step, that there is a gap between the train car and the platform. Stepping into the gap or falling into the gap could result in bodily harm, loss of life or limb.

The “Justice Gap” refers to the fact that many consumers face extreme difficulty being able to afford an attorney. While legal aid societies exist for the very poor; and indigent criminals are entitled to a public defender, there is little to no affordable legal help for low income or moderate income people.

The justice gap is just as treacherous, terrible, and tangible as the gap at the subway platform. Without any legal assistance, consumers can lose their homes, their children, and their money. For many people, being able to afford an attorney is as likely as being appointed to the U.S. Supreme Court. The courts are well aware of the difficulty that many consumers have in affording legal assistance. The term, justice gap, is bandied about regularly, with lots of self-congratulatory back slapping at each and every minor effort made. More technology is touted as one of the answers. More technology in a world where, arguably, technology has already outpaced the comprehension of struggling consumers.

There is a Florida Supreme Court committee on Access to Justice, cutely named – A2J. Chief Justice Jorge Labarga, Florida Supreme Court stated:

“Florida needs a coordinated effort involving all of the entities with the potential to make permanent, systemic advances to ensure that access to justice in Florida is not limited to those who can afford it. I am particularly concerned about the circumstances facing low-income litigants for whom purchasing legal representation can pose an impossible challenge, but access to civil justice is also a problem for the middle class, many of whom do not qualify for legal aid and cannot afford to hire a lawyer.”

The Chief Justice is preaching to the choir. Legal document preparers and pro se litigants know in their hearts and bones, that what he says is true. An understatement.

The Florida Supreme Court offers an app which can be downloaded free from Google Play. The app's description claims:

Florida Courts Help seeks to help Floridians who represent themselves in family law cases.

The Florida Courts Help app works on Apple and Android phones and tablets. The app offers in one place information for people seeking a divorce, adoption, orders of protection, name change, and other family law issues.

The app puts help at the fingertips for any mobile device user, with:

• 186 Supreme Court-approved family law forms that can be filled out on the device.
• Links and contact information for help centers all around the state.
• Plain-language instructions and descriptions of first steps and next actions.
• Pointers and contact for a full range of legal help from multiple online resources, free and low-cost legal services, lawyer referrals and other information, including eligibility criteria.
• User-friendly instructions for initial steps and pointers about what happens next.

The app doesn't really work, by the way. The information is there, but you can't fill out the forms on your device as is claimed. Not on my device anyway. All the information accessed through the app is also already online on the Supreme Court's site, www.flcourts.org .

I dare to state the obvious, the emperor has no clothes … if attorneys would charge less, then more people could use them. For example, I filed a law suit a few months ago against a roofing company who never got my roof done. I paid them a $2000 deposit, relying on their promise to start the work in four weeks. They didn't ever start. Five months after paying the deposit, after asking nicely for the return of my deposit, I sued for its return. I was almost there, as a pro se litigant, when the roofers lawyered up at the last minute, just two days before the hearing on my motion for summary judgment. Their attorney filed a motion to dismiss, and was out to bury me, the pro se litigant, citing all sorts of problems with my pleadings, legal argument, etc. Due to my good luck, and maybe my good Karma, a friend of a friend who is an attorney helped me settle the case for free before I was buried. I got my full deposit back, and the satisfaction of knowing that the roofers had to pay their attorney something.

The economics of retaining counsel to sue for $2000 just doesn't work. I was already out $2000, and paying a second $2000 or so to retain counsel just doesn't seem reasonable. Even if I won, and even if I was awarded a judgment, and even if the roofers were ordered to reimburse attorney's fees, no telling how much time and effort would be required to recover on that judgment.

I am a legal document preparer. I make my living preparing legal documents for pro se litigants. I have a BA in Legal Studies, although I am not allowed to advertise that particular fact. Advertising the fact that I have such a degree is considered, (by the Florida Bar), to be engaging in the unauthorized practice of law (UPL). I have more experience preparing legal documents than the average consumer. Also according to the Florida Bar, my stating that I have experience preparing legal documents is engaging in the unauthorized practice of law. This blog article is not an advertisement, I hope that in writing this I have better First Amendment protections than I do in advertising my services.

Despite my degree and my experience, I did not want to go head to head with an attorney who was out to bury me. But, at least I did know how to prepare and file the complaint, have the parties served, have one of the party defendants dropped, and another party defendant defaulted. I'm glad my case settled. I'm glad that an attorney helped me out. Things could have gone my way had we continued on and the summary judgment hearing had taken place. Or, my law suit could have been dismissed, burying me as the attorney wanted. But, in the end, all I really wanted was my money back. And I got that, my story has a happy ending.

Many other consumers do not have happy endings in court. Many consumers free fall into the justice gap and never recover. Document preparers can bridge the justice gap. We are the innovators of the legal system. We do not need to rely on technology alone, we bring with us the business agility to provide affordable alternative legal services to consumers. We can't do everything that an attorney can do – no legal advice/ no representation. But, other than those two things, we can provide consumers with services which they would otherwise go without.

MIND THE GAP.