I am for justice.

I am a Florida legal document preparer and the statewide Director of the Florida Association of Legal Document Preparers (FALDP). I am not a paralegal. By definition, paralegals work directly under the supervision of an attorney, I do not. I work directly for consumers who are representing themselves in a court case. Self-represented consumers are called pro se litigants. I call these consumers customers. I don't call them clients, mostly because that's what attorneys call their customers, and I don't want to be anything like or run my business anything like an attorney.

In fact, I go to great pains to not operate like an attorney. Most importantly, I don't give legal advice. My customers always know that I'm not an attorney. In fact, they cannot avoid knowing that I'm not an attorney. My business is virtual, everything I do is over the phone and over the internet. I never meet with my customers face to face. In the first telephone conversation I have with any new or potential customer, I say: As you probably know, I'm not an attorney, I'm a Florida legal document preparer. And what that means is I can prepare documents, explain procedure, and give you legal information, but I cannot provide advice or representation. Frequently I have to interrupt my new or potential customer to get those words said.

The potential customer called with a question. They almost always begin the conversation with – I have a question. After I say my thirty second speech, I then say – and I'll answer your question as I can. They they ask the question, which frequently begins with – how much would you charge – for whatever it is that they need.

I listen to what they need, may ask a few questions for clarity, and then tell them what I charge. This is not called a consultation and is especially not called a “free consultation” although that is exactly what it is. It is called a conversation. Document preparers are specifically prohibited from offering free consultations according to Florida case law which found that a “free consultation” is something that an attorney offers and does, and document preparers are not allowed to offer or do free consultations because a free consultation amounts to the unauthorized practice of law (UPL). Go figure. So its called a conversation.

After the conversation, I request the consumer's email address and tell them, my next step is to send them an email which will include a summary of this conversation, all of my contact information, a price quote, and a link to my website. I tell them they can submit payment on my site through paypal.

The email I send always says the same thing, except for the exact type of service they requested varies according to their request. For example, if the consumer wants a divorce and has children, my email says.

Hi ….,

I'm following up our phone conversation for document preparation for a Petition for Dissolution of Marriage with Children. As we discussed, my fee is $255 for the petition documents; and an additional $75 for the Parenting Plan. Please visit my site to learn more about my services – www.for-the-people-of-Florida.com – and you can submit payment on my site with a credit or debit card through paypal whenever you're ready.

Thank you for the opportunity to assist you.

Best Regards,

In the signature of my email I include these words: I am not an attorney and do not provide legal advice. When a customer goes to my site he sees those words again. Before the customer submits payment he is required to click a box to acknowledge that he has read my disclaimer, disclosure, and site policies. Without clicking the box, he cannot arrive at the payment page. The disclaimer, disclosure and site policies are here - http://www.for-the-people-of-florida.com/disclaimer-and-disclosure.php

After the customer pays, I intake the information I need to prepare their documents. If the customer wants divorce documents prepared or any other type of family law documents prepared, I set up a phone appointment so that I can intake their information during a phone call. Forms for family law are on the Florida Supreme Court's site – www.flcourts.org – and the rule is that when a document preparer is using Florida Supreme Court approved forms, she can intake the information verbally. So that's what I do. Family law forms are nearly the only Florida Supreme Court approved forms in existence. Even forms for federal filings such as bankruptcy and immigration are not considered Florida Supreme Court approved forms.

I don't prepare forms for bankruptcy or immigration. I do, however, prepare other types of forms which are not Florida Supreme Court approved. I prepare documents for Early Termination of Probation, a few Expunge & Seal, Answers for civil court, and Summary Administration of Estate. For all of these I intake the customer's information in writing. Exactly how that works is the subject of another article which will be coming soon.

The reason I'm writing this series of articles is that I want to make it clear to consumers, potential customers, attorneys, and the Florida Bar exactly what I do. I also want everyone to understand why I do what I do. I am for the little guy. I am for the downtrodden. I am for the consumer who needs documents and hiring an attorney is out of the question. I am for justice. 

Today is National Freedom Day

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

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

Here are a few:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Happy Thanksgiving!

Thanksgiving is the original American holiday. I humbly count my blessings.

Stop Florida's Unconstitutional Plan to Outlaw Anonymous Speech

A dangerously misguided Florida bill would forbid websites from operating anonymously just because they meet a vague definition of disseminating “commercial recordings”—and it's headed for a vote this week.

Supporters of the “True Origin of Digital Goods Act” say it's about “piracy,” but it would actually have disastrous consequences for anonymous online speech both inside and outside the state. Anybody operating a website that is even “likely to” host music or videos “directly or indirectly,”—even their own music or videos—could be ordered to reveal their name and address.

This new law isn't just unnecessary to enforce federal copyright or trademark laws—it also creates a new avenue for legal abuse. Anyone “aggrieved” by an anonymous website owner could take that owner to court, without having to show legal harm.

Anonymous speech is a vital part of the American free speech tradition, and of the rights guaranteed by the First Amendment. Artists, writers, and citizens rely on the freedom to speak anonymously through blogs, independent news sites, amateur video and music, and other websites and services. They rely on anonymity to voice unpopular opinions and speak truth to power without fear of harassment or reprisals at work or at home.

If you're in Florida, act now to tell your lawmakers: don't sacrifice anonymous speech at the altar of vague anti-piracy policy. Vote no on “True Origins of Digital Goods Act,” HB271 in the House and SB604 in the Senate.

From the Electronic Frontier Foundation's site - www.eff.org

And, an email from Fight for the Future states:

The news coming out of Florida is not good. Florida is poised to pass a dangerously misguided SOPA-like bill this week. This is bad for the Internet, both inside and outside the state.

Florida state legislature has introduced two related bills - HB 271 and SB 604 - otherwise known as the “True Origin of Digital Goods Act” (TODGA).[1]  

Supporters say the bills will curb online piracy. But really this is about online censorship. Just imagine having to put your home address on all of your websites that contain streaming content? Are you kidding??

Click here to sign the petition to stop the passage of the True Origin of Digital Goods Act”.

Unfortunately TODGA is no joke. If the act become law, any website that has commercial streaming content will be legally required to post their owner’s true name and contact information on the site or risk being taken down.[2]

What else is bad about the “True Origins of Digital Goods Act”?

• The bill is useless. The Digital Millennium Copyright Act already covers what Florida says it needs to fix; TODGA just creates a new avenue for legal abuse. Anyone “aggrieved” by an anonymous website owner could take that owner to court, without having to show legal harm. [3]

• TODGA will allow officials to take down alleged violators without any due process. This sets a dangerous precedence that will curb free speech on the Internet and circumvent normal channels.

We can’t let this happen.

When Congress tries to pass SOPA/PIPA and CISPA, we stop them every time. Now they’re trying to sneak similar bills under the radar at the state level. We are smarter than that.

Please sign the petition to stop Florida’s“True Origins of Digital Goods Act”, and share this petition with your friends.

-Susan, Evan, Holmes, Tiffiniy, Jessica, Vasjen, Charlie and Jeff
Fight for the Future

Sincerely,

----

Sources:

[1] http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=53294&

[2] Electronic Future Foundation. Stop Florida’s Unconstitutional Plan to Outlaw Anonymous Speech. EFF website. https://act.eff.org/action/stop-florida-s-unconstitutional-plan-to-outlaw-anonymous-speech (Note: EFF’s article was written when Florida tried to pass the same bills last year. Thankfully the 2014 bills failed. Let’s make sure the same thing happens in 2015.)

[3] Florida Legislature Considering SOPA/PIPA-like bills. The Internet Association http://internetassociation.tumblr.com/post/115035123138/florida-legislature-considering-sopa-pipa-like

Come on Florida - We don't want to be Flori-DUH - sign the petition and donate. This is important.

America, We're Better Than This.

What do Justin Carter and Paula Deen have in common? Justin Carter is the 19 year old who is currently in jail with a $500,000. bond, charged with making terrorist threats in a Facebook post. And Paula Deen the former Food Network maven, has been demonized for admitting under oath that she said the "N - Word" in the past twenty years. N*&!% PLEASE!!!!

Both Carter and Deen are being punished far more than their offense warrants. I believe Deen will bounce back once the dust settles, just like Martha Stewart. On the other hand, Carter's current situation is bleak. His parents cannot afford the half a million dollar bond; and according to a recent article, "Father: Teen Jailed For Facebook Comment Beaten Up Behind Bars", Carter has been beaten, and apparently been put into solitary confinement, and suicide watch. There is a petition on Change.org - comment - with over 70,000 signatures as of this writing, July 4, 2013.

Justin Carter's mother's plea in the petition states:

"My son, Justin Carter, was arrested on February 14, 2013 (yes, Valentine’s Day) because of a sarcastic comment he posted on Facebook about a computer game which was then taken out of context by a complete stranger! Please sign my petition to help release my son, Justin."

Justin Carter's offending comment was:

"I think Ima shoot up a kindergarten / And watch the blood of the innocent rain down/ And eat the beating heart of one of them." But, according to various accounts he added "JK and lol" after his comment - just kidding and laugh out loud. He was being sarcastic. He was arguing with some other person about an online video game. No one was hurt. No one was ever threatened.

We are better than this. I don't know Justin Carter or his family. I do know that this has gone too far. America, today is July 4. It is a day of celebration for this great country.Free speech ... First Amendment ... innocent until proven guilty ... due process.

The article - Father: Teen Jailed for Facebook Comment Beaten Up Behind Bars - also states:

"The charge is a third-degree felony, which in Texas carries up to 10 years in prison. The Comal County District Attorney's office hasn't responded to our calls, but police in New Braunfels, Texas, who have investigated the case, say in a time of heightened sensitivity to school shootings, their interest is in preventing violence when they can."

Not too long after the Columbine shootings my own son who was a middle school student, received a death threat from another student. The other student told my son that he was going to bring a gun to school the following day and shoot him. My son went to the vice principal's office and reported the other student. I saw his one line statement - So and So said he was going to bring a gun to school and shoot me tomorrow. The school despite their purported zero tolerance policy didn't do much at all to protect my son. They questioned the other child; they contacted the other child's parents; and they searched the child's backpack the next day. They did not suspend him, they did not contact any law enforcement other than the school resource officer. The school officials easily satisfied themselves that the threat was not a real threat because the child had no access to a gun. (Supposedly no access - but how hard can it be?) I took my son out of that middle school and put him into a school of last resort where they had metal detectors and real police officers who would not only keep peace but protect my son. He did well there. And he was safe. The point of this story in this context is that there is discretion. There is discretion at every level in the criminal justice system. Just as the school used their discretion in my son's case, and decided that my son was not in danger, law enforcement and the state attorney's office have discretion in Justin Carter's case. 

The article - Father: Teen Jailed for Facebook Comment Beaten Up Behind Bars - also states:

"The whole situation is kind of unfortunate," said New Braunfels Police Lt. John Wells. "We definitely understand the situation that Mr. Carter is in, however he made the comments, and it is an offense. We have to ... protect the general public and specifically, in this case, with it involving schoolchildren, we have to act. We take those very seriously."

"... Kind of unfortunate ..." ????  This case does not involve children. No children were ever hurt or at risk. The only injured party is Justin Carter. Please America, let's cultivate our common sense. Happy Fourth of July.