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

Guess what, Mom! I'm OFF probation.

Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation


Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation

The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

Small Probate - Summary Administration of Estate

Many Floridians don't realize that an attorney is not always required to settle an estate when a family member dies. In Florida, there is a process called Summary Administration of Estate which can be filed pro se (self-represented).

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 ...”

The summary process can be used whether or not the decedent left a will. An estate where the decedent left a will is called a “testate” estate; and estates where there is no will are called “intestate”.

A family member, interested party, heir or beneficiary may file the small probate documents for Summary Administration of Estate pro se. In general, Summary Administration of Estate is appropriate if the value of the estate is less than $75,000. excluding the value of exempt assets such as homestead real property and personal property. If a home is designated as the decedent's Florida homestead, the value of the property is exempt, but the real property still needs to go through probate in order to transfer it from the decedent's estate to the name of a beneficiary or heir.

The summary process is also appropriate when the person has been dead for at least two years. This situation happens more than you might think, as some people (usually adult children) continue to live in the house or condo after a parent dies, or move in after a parent dies, and don't settle the estate. Then, years later, when the adult child wants to sell the property, he has to settle the estate to do so.

Frequently, family members choose to sell the real property of the estate as soon as possible. Choosing a realtor who is familiar with the probate process will make the listing and sales process much easier. Especially when there is a mortgage on the property, efficiency becomes all important. Many families can't afford to pay the mortgage on an unoccupied property for long.

It is possible to sell real property during probate, however doing so usually requires an attorney and a court order. But, if the summary process is appropriate, and the family can wait the two months or so for the judge to sign the Order of Summary Administration, the real property can be transferred at that time. It is not unusual for families to begin marketing the house or condo while the documents are pending, and sometimes even accepting an offer to buy, before the probate process is complete.

The benefit to heirs or beneficiaries in being able to use the summary process are

1. no attorney is required;
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

Attorneys charge anywhere from $2,500 to $5,000 to provide assistance for a Summary Administration of Estate. Document preparers generally charge around $500. to prepare the Summary Administration documents.

The Florida Association of Legal Document Preparers, FALDP, has member document preparers who prepare documents for Summary Administration of Estate documents. Visit https://www.faldp.org/small-probate-Florida.html to learn more. Or call 800-515-0496.

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.

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.

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.

When is a Divorce Final? (and other details)

When It's Over, It's Over – Or is it? It seems logical and reasonable that when the judge signs your final order of dissolution that the whole process is over. But, there are times when this just ain't so. A final order can be appealed; either party can request that the order is to be corrected; and either party can file a motion for rehearing. Any one of these needs to be filed with the court within thirty days of the judge signing the order. Often, the reason people are curious about when a divorce is final is because they want to get married to someone else, and don't want to delay. In general, thirty days after the judge signs the final order, a person is free to marry someone else.

So, is it over then? Not exactly. Either party can reopen the case at a later date to modify the final order. The modification must be based on a substantial change in circumstances affecting any of the parties. This is usually either child support or child custody/ timesharing, and it can also be alimony. Substantial change needs to be, well substantial. It can't be a minor or petty change in circumstances. The most common reason a person might want to modify child support is that one or both of the parent's incomes have changed drastically. Reasons might be a job termination; lay off; or injury or illness serious enough for that parent to be off work for some time. The change must be expected to last at least a year and must be unanticipated. A child or children simply growing older, is not considered enough reason, by itself, to be a reason to modify child support, timesharing, or custody. But, if a child has additional needs due to his age, those might be enough to modify child support.

A modification for child custody/ timesharing can be triggered by several factors. Around the age of twelve, courts will consider a child's preferences in deciding where the child lives. If a child has a compelling reason to spend more time with one parent or the other, the court's will listen. Or the parents can agree that a new arrangement is in the best interests of the child.

If one of the parents needs to move more than fifty miles away, he or she can request that the other parent to agree in writing to the proposed move. If the other parent disagrees and does not provide written consent, then the parent wanting to relocated can file a petition for relocation and ask the court to grant permission. Courts tend to grant a request for relocation only for a compelling reason, most commonly a bona fide job offer. Either way, the case may still need to be reopened in order to file a long distance relocation parenting plan. Frequency and length of visitations are almost always affected when the parents no longer live nearby.

Yet another reason that a divorce case may need to be reopened is when one of the parties has not complied with the terms of the final judgment. Sometimes there is no other way to force compliance, than to file a motion for civil enforcement/contempt. Reasons to file this type of motion are things like: failure to pay child support; failure to follow the parenting plan; failure to deliver property; failure to refinance an asset such as a boat or a house; or anything else that was ordered in the final judgment but the other party failed to do.

Separating lives which have grown intertwined through marriage is a process. Preparing for divorce before either spouse files with the court or at least at the very beginning stages, may ensure less time going back and reopening your case. The Florida Association of Legal Document Preparers is in the process of building an online course, Divorce & Paternity Preparedness Training, that will help consumers become better at managing the process.

Our course isn't ready yet. We're still gathering resources to help you on your journey. So far we've completed the first two modules (chapters) and will open them for registration by May 1st, 2018. Initially, as an introductory offer, the course registration fee will only be $24.99.  As we add information and resources, we'll raise the course fee. But, once enrolled, you won't be charged any additional course fee. You'll be able to come back time and time again to take advantage of the information we add. Ultimately, once the course is complete, we plan to charge $150, We're recruiting document preparers to discount their fees to consumers who complete our preparedness course. We hope to also have some attorneys to refer consumers to. [We are not allowed to receive any compensation for referring to attorneys, and would never do so.] 

Proposed Changes to Child Time-Sharing Laws

Senate Bill 250 has passed in both houses and is awaiting Governor Scott's signature. This law change affects how the courts will decide child custody and time-sharing. According to the bill analysis, the significant changes and potential effect are:

"The bill creates a presumption that equal time-sharing is presumed to be in the best interest of a child. Assuming that placing a presumption in law simplifies time-sharing actions, parties to a time-sharing action may spend less on litigation costs."

And -

"The bill provides additional guidelines for the court to use in determining a time-sharing schedule of a minor child. Current law provides that the public policy of the state is for each minor to have frequent and continuing contact with both parents after the parents separate or divorce. Consistent with existing legislative intent, this bill creates a rebuttable presumption that approximately equal timesharing with a minor child by both parents is in the best interest of the child. A party may overcome the presumption by providing evidence based on factors that affect the welfare and interests of the child and the circumstance of the family.

Current law provides a list of factors for the court to consider in establishing or modifying a time-sharing schedule, based on the best interests of the child. In addition to the factors presently provided in law, this bill adds the following:

The amount of timesharing requested by each parent; and

• The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.
• The bill requires a court to support an order that provides for unequal timesharing with written findings of fact."

If the Governor approves this bill and signs it into law it is scheduled to be in effect on October 1, 2016. 

In my opinion, although the presumption that 50/50 times-haring is in the best interest of the child sounds like a good idea, it could have significant drawbacks. Parents would be required to overcome the presumption that 50/50 time-sharing is appropriate, and may pro se litigants are going to struggle to do that. Would they be required to have the other parent evaluated? Would this bill lead to additional litigation as the parties attempt to overcome the rebuttable presumption supporting 50/50 time-sharing? What do you think?  

The Discovery Process

One of the legal processes that often stymies pro se litigants is the discovery process. Both sides are entitled to the information on which his opponent bases his case. In theory, all the information and documents about the case are out in the open, and available upon request. But, for a pro se litigant up against an opposing attorney the process can be daunting.

The three most widely used discovery tools are:

A Request for Interrogatories is a set of questions asked of the opposing party to gather information pertinent to the case. The questions are crafted to elicit specific responses designed to move the case forward. The questions can ask the opposing party almost anything about the case or facts of the case within the opposing party's own personal knowledge. The questions may not be designed to harass or embarrass the opposing party. The number of interrogatories is limited to 30 questions including sub-parts.

A Request for Production generally requests documents, but it can request other things or tangible items such as audio tapes, video tapes, drawings, etc. which are in the possession or control of the party receiving the request.

A Request for Admissions is a particularly powerful discovery tool. The requesting party submits up to 30 statements to the other party asking the receiving party to either admit or deny the statements. Any statement in a Request for Admission that is not answered is deemed admitted.

The procedure is similar for each of these types of discovery requests. The requesting party files a notice of discovery in the court record, but not the discovery request itself. The requesting party then provides a copy of the notice and the actual discovery request to the opposing party. In general, responses to discovery requests are due within 30 days, although more or less time for response can be allowed by the court. The requesting party files a notice of discovery in the court record, but not the discovery request itself.

The discovery requests include instructions for the recipient such as when and where to respond; and any other instruction to clarify the request for the respondent. A list of definitions of terminology is also included, again to clarify exactly what is meant in the request.

Following are Florida Rules of Procedure for each of these types of discovery requests:

RULE 1.340 INTERROGATORIES TO PARTIES

(a) Procedure for Use. Without leave of court, any party may serve upon any other party written interrogatories to be answered

(1) by the party to whom the interrogatories are directed, or

(2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shall furnish the information available to that party. Interrogatories may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading upon that party. The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories shall be in the form approved by the court. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogatories does not exceed 30. Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the attorney making it. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory.

(b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise provided in this subdivision. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party shall respond to such an interrogatory by giving the information the party has and the source on which the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it.

(c) Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced.

(d) Effect on Co-party. Answers made by a party shall not be binding on a co-party.

(e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court.

RULE 1.350 PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

(a) Request; Scope. Any party may request any other party

(1) to produce and permit the party making the request, or someone acting in the requesting party's behalf, to inspect and copy and designated documents, including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form, that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed;

(2) to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; or

(3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on it within the scope of rule 1.280(b).

(b) Procedure. Without leave of court the request may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading on that party. The request shall set forth the items to be inspected, either by individual item or category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection or performing the related acts. The party to whom the request is directed shall serve a written response within 30 days after service of the request, except that a defendant may serve a response within 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time. For each item or category the response shall state that inspection and related activities will be permitted as requested unless the request is objected to, in which event the reasons for the objection shall be stated. If an objection is made to part of an item or category, the part shall be specified. When producing documents, the producing party shall either produce them as they are kept in the usual course of business or shall identify them to correspond with the categories in the request. The party submitting the request may move for an order under rule 1.380 concerning any objection, failure to respond to the request, or any part of it, or failure to permit the inspection as requested.

(c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

(d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response. Documents or things may be filed when they should be considered by the court in determining a matter pending before the court.

RULE 1.370 REQUESTS FOR ADMISSION

(a) Request for Admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of rule 1.280(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court the request may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. If objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested; the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or deny it, subject to rule 1.380(c). The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. Instead of these orders the court may determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion.

(b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to rule 1.200 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be use against that party in any other proceeding.

Pro Se Stories

The Florida Supreme Court Access to Justice Commission has requested that the United Way reach out to Florida residents to gather their stories about pro se litigants. The United Way has in turn reached out to FALDP to help meet the request. We need your pro se stories - successes and failures. Do you know a pro se litigant whose access to the legal system was hindered by not having an attorney? Do you know a pro se litigant who succeeded without any help from anyone? Do you know a pro se litigant who succeeded in their case with the help of a document preparer?

We need specific stories with contact information. Consumers will have control over how their contact information and name are used.

Paraphrased from the Supreme Court's request:

"How will we use the information people share with us? First, we might use the bare facts, without names, in outreach materials explaining the needs the Commission is addressing. Second, we would write stories about the cases or shoot videos. Third, we might provide the names and phone numbers to reporters who are interested in doing stories about improving access to civil justice. Of course, we would do nothing without the permission of each and every person we talk to.

But first we need to find some people willing to talk to us."

Please send your stories to staff@faldp.org - this is huge, the Supreme Court is listening.

"He who represents himself has a fool for a client" ...

is a quote most often attributed to Abraham Lincoln, who was, himself, a lawyer. And, of course, there is some truth to that statement, many attorneys recognize that they may not be their own best choice in handling their own legal matter. Even as qualified attorneys, their legal specialty, experience, and knowledge may not be sufficient. For example, a corporate attorney handling his own divorce, may be a very bad idea. Also, the personal nature of family legal matters means that emotions can be at an all time high.

However, for many people in Florida, hiring an attorney is simply not an option. The cost of representation is out of reach. Many people would prefer to hire an attorney if they could, but have no choice but to proceed pro se. The barriers that pro se litigants must overcome are substantial, as the court system has a profound bias against self-represented parties -- even though around 70% of litigants in Florida family courts are, in fact, pro se.

Florida legal document preparers attempt to bridge the gap by offering document preparation services to pro se litigants. Professionally prepared documents and information about procedural rules can go a long way in helping consumers navigate the court system.

However, just as there is a strong bias against pro se litigants, there is also a strong bias against legal document preparers. Legal document preparers face frequent harassment from attorneys and the Florida Bar. It is my belief that the attorneys who attack and malign legal document preparers do so because they are at the bottom of the pack. The attorneys who attack and malign document preparers are threatened by the very existence of document preparers. They fear that consumers will turn to document preparers for their simple uncontested legal matters. And rightly so. Why does anyone need an attorney for a simple uncontested matter anyway?

Document preparation and lawyering are two completely different ball games. Theoretically, although different ball games, we both want a positive outcome for the consumers we serve.

Strike One:

I have had a couple of recent run ins with attorneys for needlessly and publicly denigrating document preparers in general. One of these run ins was on linkedin and some other document preparers saw it, and some of those document preparers also posted comments. The attorney made statements that document preparers are at best incompetent and at worst perpetrating fraud. I disagreed. He then quoted me the Florida Bar UPL rules. I acknowledged that I am well aware of our limitations regarding UPL. Then several document preparers also commented, stating that they frequently refer customers to attorneys, and in turn attorneys frequently refer consumers to them. That attorney ultimately removed his post and all the comments along with it.

I do have some sympathy for attorneys. They have painted themselves into a corner. Law schools have lowered standards considerably; and there are now something like 94,000 attorneys in Florida. And with a Florida adult population of around 16 million - that's around one attorney to every 170 Florida adults. Since many people never need an attorney, that could be some slim pickins. Also, attorneys have monumental self-induced PR problems. I don't go out of my way to malign attorneys,

And as the attorney on linkedin discovered, I don't appreciate attorneys going out of their way to malign document preparers.

Strike Two:

We recently came across an attorney site advertising family law document preparation. The attorney site states:

"Divorce is never trouble-free, but why make it harder than you have to?

For simple, uncontested cases, it’s as low as $399, and we make it as easy as 1, 2, 3:

• We’ll give you Florida Supreme Court approved forms absolutely free
• You’ll fill out the forms
• You’ll meet one-on-one with a member of our legal team to review the forms after you complete them

It’s that simple.  We’ll also explain local Court rules and give you advice about filing your case and appearing before the Court.  Plus, we’ll also provide a Notary Public service for free!

 

The clerk’s office charges fees for the necessary Florida Supreme Court approved forms and doesn’t even provide assistance when filling them out.

..., we give you the forms for free and our attorneys provide legal advice for a nominal fee".

So apparently the consumer has the pleasure of paying $399 to prepare the forms themselves. For that $399 they get handed a stack of forms, go home, fill them out, come back and review them with a "member of their legal team", who I'm guessing is a paralegal. In the real world, the forms are free, all the Supreme Court approved forms are free. Patting themselves on the back for giving away what is free seems a bit disingenuous to me. Notary services can also be free. Most banks offer free notary services to their customers providing no witness is required. Then comes the kicker the undisclosed "nominal fee". Who knows what constitutes a nominal fee in attorney world?

Strike Three:

Another family attorney site claimed the following. I do not include the site, as I do not want to provide him with free advertising. However, if you message me I'll send you the link and you can see for yourself. The site boldly claims:

We want to put the document preparation companies out of business.

"They aren't lawyers. They haven't the foggiest idea about Florida divorce law. Most are from out of state. They sell access to a software program that fills in blanks on a form. No lawyers. No real help. Mostly they get it wrong. Mostly they don't include all of the required papers. They charge too much. Some are practicing law without a license, which is a 5 year felony in Florida. The Florida Bar goes after some of them but doesn't have the manpower to shut them all down. Cyberspace can be hard to get a handle on. We aim to put them out of business, which is why we are charging so little."

This little paragraph is chock full of lies and disinformation. I won't even dignify the comments with an answer. This is a shame for consumers. Adding to consumers' confusion as to what to do and how to navigate the legal system is a true disservice.

You're OUT!

The silver lining for pro se litigants is that despite their lack of knowledge of the law, they are their own best experts on their case. It is the pro se litigant's life. To an attorney it is just another case.

Access to Civil Justice Commission - Administrative Order

The following order was signed by Florida Supreme Court Chief Justice Jorge Labarga on November 24, 2014.

WHEREAS, the American and Florida judicial systems are founded upon the fundamental principle that justice should be accessible to all persons, the advancement of which is of profound interest to the Supreme Court of Florida; and

WHEREAS, access to civil justice for lower income and disadvantaged persons is a critical challenge for the legal system, especially in difficult economic times; and

WHEREAS, the number of self-represented litigants has increased significantly over the past decade with the majority of family law matters in most states now including at least one unrepresented party, some of whom are unable to prepare court documents and effectively present their positions in court proceedings; and

WHEREAS, the population that is eligible for Legal Services Corporationfunded legal services has grown dramatically in recent years while at the same time federal funding for the Legal Services Corporation declined approximately seventeen percent from 2010 to 2012; and

WHEREAS, the Florida Interest on Trust Accounts Program also provides funds in support of legal assistance for the poor but is experiencing severely reduced revenue as a result of historic low interest rates; and

WHEREAS, the Florida state courts have diligently endeavored since the 1990’s to develop forms, instructions, and other self-help resources in order to afford fair and timely resolution of cases involving self-represented family law litigants; and

WHEREAS, other entities in the Florida justice system have likewise endeavored within their respective scope of authority to improve the availability and delivery of judicial and legal services to lower income, disadvantaged, and self-represented individuals; and

WHEREAS, despite these noteworthy and substantial efforts, Floridians continue to encounter barriers when seeking meaningful and informed access to the civil justice system; and

WHEREAS, the Supreme Court of Florida recognizes the importance of responding to the unmet legal needs of low and moderate income Floridians, the increasing complexity of civil legal services delivery, the importance of access to civil justice in the proper functioning of our democracy, and the need for leadership and effective coordination of access to civil justice efforts in Florida; and

WHEREAS, approximately thirty states and the District of Columbia have established access to justice commissions for the general purpose of collectively identifying and removing barriers to civil justice for low-income and disadvantaged persons; and

WHEREAS, many organizations throughout the state share a commitment to improving access to justice and, as the head of the judicial branch, the Supreme Court of Florida is the logical entity to create a commission to study access and serve as the umbrella organization for efforts to enhance access to civil justice in Florida.

NOW, THEREFORE, the Florida Commission on Access to Civil Justice is hereby established to study the remaining unmet civil legal needs of disadvantaged, low income, and moderate income Floridians. In conducting its work the Commission should consider Florida’s legal assistance delivery system as a whole, including but not limited to staffed legal aid programs, resources and support for self-represented litigants, limited scope representation, pro bono services, innovative technology solutions, and other models and potential innovations. The Commission should encompass the viewpoints of multiple constituencies and stakeholders and not be limited to those of any one particular institution.

During its term, the Commission shall perform the following tasks:

1. Provide a forum for discussion among the judicial branch, legislative branch, executive branch, the civil legal services and pro bono community, Bar leaders, funders, the business community, and other interested stakeholders, about issues affecting access to civil justice for disadvantaged, low income, and moderate income Floridians.

2. Identify and examine barriers that impede access to civil justice for disadvantaged, low income, and moderate income Floridians.

3. Determine how to promote coordination of legal services delivery to low income Floridians, for optimum efficiency and effectiveness.

4. Consider and evaluate components of a continuum of services for the unrepresented, taking into account consumer needs and preferences. Such components might include interactive forms; unbundled legal services; the involvement of court, law, and public libraries; and other innovations and alternatives.

5. Examine ways to leverage technology in expanding access to civil justice for disadvantaged, low income, and moderate income Floridians.

6. Identify and build partnerships among the courts, members of the private bar, providers of legal services, and other stakeholders who are engaged or interested in expanding access to civil justice for disadvantaged, low income, and moderate income Floridians.

7. Examine how available resources might be maximized and identify how additional resources might be procured in order to provide stable funding in support of services that enhance access to civil justice for disadvantaged, low income, and moderate income Floridians.

The Florida Commission on Access to Civil Justice shall submit an interim report to the Court no later than October 1, 2015, and a final report and recommendations to the Court no later than June 30, 2016. Copies of the interim and final reports should also be provided to the Governor of Florida, the President of the Florida Senate, and the Speaker of the Florida House of Representatives. In its final report, the Commission should include recommendations on the need for the establishment of a permanent access to justice commission in Florida.

Members have been selected based upon their experience within the Florida justice system and their anticipated commitment. These individuals offer a diversity of perspectives and expertise that will enable the Commission to meet its overall mission and specific objectives. The following persons are hereby appointed to the Commission for terms that expire on June 30, 2016:

The Honorable Jorge Labarga, Chair
Chief Justice, Supreme Court of Florida

From the Florida Supreme Court - Strategic Planning Survey

The Florida Supreme Court is seeking comments from non-attorneys involved in law suits. The survey will be available through January 30, 2015. The following information is posted on the Florida Supreme Court's website.

Take the Survey

Strategic Planning Surveys

The Florida Supreme Court would like to hear from you about the Florida Court System. We are updating the strategic plan for the state courts system and need you to tell us how we are doing, what you think works well, and what may need to be improved. Your opinions are important to us, and they will affect the plans and choices that we make.

Please take a few minutes to leave your comments and help us make our state courts system more effective at providing justice for all.

NON-ATTORNEY COURT USER SURVEY:
Party to a Lawsuit or Legal Action / Defendant / Victim / Witness

If you have been involved in a case or court action recently either as a party to a lawsuit or legal action, a victim, a witness, or a defendant, please click on the image below to take the survey for non-attorney court users.

The Florida Court System is Seeking Comments

The Florida Supreme Court’s Long Range Strategic Planning Workgroup would like to hear from you about the Florida Court System. We are updating the strategic plan for the state courts system and need you to tell us how we are doing, what you think works well, and what may need to be improved. Your opinions are important to us, and they will affect the plans and choices that we make. Please take a few minutes to submit your comments and help us make our state courts system more effective at providing justice for all. 

All responses are completely anonymous; they will be compiled together and analyzed as a group. No one’s answers will be singled out or reported in any way that would allow identification of participants. Survey responses are public record, which must be disclosed upon request, but again, without disclosing any identifying information.

Take the Survey

Pro Se Empowerment

It sounds good. Pro se empowerment, pro se meaning self represented litigant. And empowerment, meaning, you know, having power. But, how do you get it, and how can someone who is self represented have any power anyway? We all know that the courts, the judges, the lawyers, the police officers, the politicians, the wealthy, and everyone but everyday Joe and Jane are the ones with power. So if we have a court case to fight or defend, how do we obtain any power at all.

First, stand your ground. And I don't mean shoot someone because you can. I mean know your rights and know the authority granting that right. I am not a proponent or follower of any type of anti-government group. I consider sovereign nation groups and the patriot movement as lunatic extremist groups and do not support them in any fashion. I mean, like our past leaders taught us, stand up for the rights that you hold dear. Stand up for your right to free speech, your right to raise your children, your right to own your home. But know well the grounds upon which you stand.

In my work as a document preparer, I hear stories every day. I hear about the court clerk who refused to accept documents for filing; the judge who did not follow the law; and the law enforcement officer who failed to protect and serve. It is our duty as citizens to call out our government officials, police, politicians, judges and clerks when they impose and uphold unjust laws.

In 1963, Dr. Martin Luther King wrote, in his famous letter from the Birmingham jail: "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." Dr. King taught us to break unjust laws openly and with love, but only after negotiations proved futile.

Henry David Thoreau, in Civil Disobedience wrote:

I heartily accept the motto,—“That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which I also believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient.

—Thoreau,

If you are a citizen, consumer, pro se litigant in the midst of a law suit, whether a divorce, a custody dispute, a foreclosure, or something else, recognize that you are in a battlefield that is not your own. You are in foreign terrain where your opponents will lay traps, and employ trickery and gamesmanship. Beware and be aware.

Rely only on yourself. To transform yourself into a reliable person, learn everything you can. Learn all you can about the rules, laws, procedures, traditions, and argument. Read case law. Case law, precedent, is law just as the statutes are law. Judges must follow case law. If a case in your circuit or appellate court was decided a certain way, and your facts and circumstances are the same, your case should be decided the same way.

• Learn how to read case law.
• Teach yourself.
• Educate yourself.
• Get help if its available.
• Watch your case docket. Check it everyday.
• Take a court reporter to every hearing with you.
• Answer every pleading filed by the other side.
• Persist.
• Learn the rules of courtroom decorum. Dress appropriately every time you go to court.

Empowerment begins when you know that your destiny is in your hands. The world doesn't care. You care about your situation, as do your loved ones. But, that's all. The world in general doesn't care if you win or lose; whether you keep your house or lose it; whether you have custody of your children or you don't; whether you were treated fairly or not.