Florida Bar's Advanced Registered Paralegal Program

In December the Florida Bar News published an article about proposed rules under consideration - "Access Commission Looks at Several Legal Access Initiatives".  Among those initiatives is a proposal for the creation of a new tier of paralegals - an Advanced Registered Paralegal. Regarding that initiative, the linked Florida Bar News article states:

ADVANCED FLORIDA REGISTERED PARALEGALS

The commission’s Referral and Assistance Committee voted favorably and forwarded its proposal to create the “Advanced Florida Registered Paralegal” designation as part of the Florida Registered Paralegal Program created by Chapter 20 of the Rules Regulating The Florida Bar to the commission’s Executive Committee for review. The Executive Committee chair forwarded the proposal informally to the Bar Board of Governors for input. The proposal is on the Bar Board of Governors January 31 agenda.

Advanced paralegals would have extra education and work experience requirements than is currently required for Florida Registered Paralegal status. Advanced paralegals would have to be aware of “lawyer’s protocols” in performing authorized services, and the proposed rule would allow those paralegals to engage in the limited practice of law under a lawyer’s supervision in “family law, landlord tenant law, guardianship law, wills, advance directives, or debt collection defense.”

The rule also sets out a licensing and disciplinary process, and provides that duties may not require “independent professional legal judgment” and that the Advanced Florida Registered Paralegals must be supervised by a lawyer who “maintains a direct relationship with the client and maintains control of all client matters.”

The following is an excerpt from the proposed of Florida's Advanced Florida Registered Paralegal initiative.

RULE 20-6.3 ADVANCED FLORIDA REGISTERED PARALEGAL

(a) An Advanced Florida Registered Paralegal may perform the following services when

assisting a limited representation client in matter involving an authorized area of law:

Selection, Completion, and Filing Forms.

1. An Advanced Florida Registered Paralegal may assist a limited representation client in selecting a form and assist a limited representation client in completing, filing and serving the form. This includes conducting intake to obtain relevant information from a limited representation client. The form must include the name, law firm, address and telephone number of the Advanced Florida Registered Paralegal who assisted in preparing the form. If other documents are necessary to the matter and ancillary to the form, an Advanced Florida Registered Paralegal may assist a limited representation client in obtaining, preparing, gathering, and organizing those documents, as well as filing and serving those documents.

2. Providing Information. When assisting a limited representation client with selecting

and completing a form an Advanced Florida Registered Paralegal may:

(A) give general information about how to complete the form;

(B) explain the form and supporting documents and provide information on how

to gather or find the documents;

(C) give general information about the anticipated course of the proceedings and

legal process, deadlines, documents that must be filed, and the applicable procedure for filing

and service;

(D) explain the other party’s documents;

(E) advise a limited representation client as to other documents that may be

necessary to the limited represented client’s case, and explain how such additional documents or pleadings may affect the limited represented client’s case;

(F) obtain relevant facts, and explain the relevancy of such information to a

limited representation client;

(G) explain how a court order affects a limited representation client’s rights and

obligations;

and

(H) provide general information about legal rights, procedures or legal options.

(b) Mandatory Disclosures. When an Advanced Florida Registered Paralegal provides

any of the services set forth in subdivision (a) of this rule, a limited representation client must

give informed consent to the provision of legal services by the Advanced Florida Registered

Paralegal in a written agreement that discloses the limited scope of services the Advanced

Florida Registered Paralegal may provide and meets any other requirement of rule 4-1.2(c). The agreement must be signed by the limited representation client, the Advanced Florida Registered Paralegal, and the supervising or employing lawyer. If the Advanced Florida Registered Paralegal knows or reasonably should know that a limited representation client requires services outside of those permitted by this rule, the Advanced Florida Registered Paralegal must advise the limited representation client to seek legal advice from a lawyer and may refer the limited representation client to the Advanced Florida Registered Paralegal’s supervising or employing lawyer.

       

(c) Prohibited Activities. When providing services pursuant to this rule, Advanced Florida Registered Paralegals may not hold themselves out as representing, speaking for, or advocating on behalf of a limited representation client and may not represent a limited representation client in court, in depositions, or in appeals. This prohibition includes addressing the court or judge as the representative of a limited representation client or on behalf of a limited representation client.
                                           
                                                                                                             

(d)Advertising. Advanced Florida Registered Paralegals may not independently advertise their services. A lawyer may advertise the availability of the Advanced Florida

Registered Paralegal and the services the Advanced Florida Registered Paralegal may provide in compliance with all rules regulating information about a lawyer’s services in subchapter 4-7.

(e) Limitation of Practice Areas. An Advanced Florida Registered Paralegal may only provide the services set forth in subdivision (a) of this rule in an authorized area of law. If a limited representation client has a legal issue outside of an authorized area of law, the Advanced Florida Registered Paralegal may not provide the services. However, nothing in this rule prevents an Advanced Florida Registered Paralegal from providing the services a Florida

Registered Paralegal may provide.

(f) Responsibilities of Employing or Supervising Lawyer. The employing or

supervising lawyer for an Advanced Florida Registered Paralegal remains professionally

responsible for all services provided on behalf of a limited representation client and assumes full professional responsibility for the work product, including any actions taken or not taken by the Advanced Florida Registered Paralegal in connection with the services. The services performed by the Advanced Florida Registered Paralegal supplement, merge with, and become the lawyer's work product.

COMMENT

Studies have shown that there is an unmet need in Florida for access to civil justice.

Litigants often cannot afford to hire a lawyer or do not know that their legal issue requires a lawyer. This rule addresses the access issue by authorizing Advanced Florida Registered Paralegals to provide services to a limited representation client while providing protection to the public through the Advanced Florida Registered Paralegal’s and lawyer’s ethical responsibilities.

This rule sets forth the services a Florida Registered Paralegal may provide and the

services an Advanced Florida Registered Paralegal may provide. A Florida Registered Paralegal

may provide services that do not require the exercise of independent professional judgment,

require direct oversight by the lawyer, and are performed for a client of the lawyer. In contrast,

in addition to the services that may be performed by a Florida Registered Paralegal, an Advanced Florida Registered Paralegal may also provide services that involve the limited exercise of independent professional judgment, do not require lawyer oversight, and are performed for a client who is provided limited representation. These services are not open-ended but are limited to the services set forth in this rule.

The Code of Ethics and Responsibility in this chapter and the Rules of Professional

Conduct set forth elsewhere in these rules apply and provide a level of protection that would not be present if the services were provided outside of the direction and supervision of a lawyer. The lawyer remains responsible for the Advanced Florida Registered Paralegal at all times and must make reasonable efforts to ensure that the Advanced Florida Registered Paralegal’s conduct is compatible with the professional obligations of the lawyer.

A level of protection is also provided by limiting the services to assistance with Supreme

Court Approved Forms and forms that have been prepared or are customarily used by the

Advanced Florida Registered Paralegal’s employing or supervising lawyer in the ordinary course of the lawyer’s practice. The services are also limited to certain authorized areas of law where limited representation is common and assistance is needed.

Protection is also provided by requiring the Advanced Florida Registered Paralegal to

disclose their status and scope of services in writing. The limited representation client will be

fully informed about the limitations at the beginning of the matter and can choose to hire the

lawyer instead. If it becomes apparent during the matter that a lawyer’s services are needed, the

Advanced Florida Registered Paralegal is required to advise the limited representation client to

seek the services of a lawyer.

This rule is silent on the fees the law firm may charge for the Advanced Florida

Registered Paralegal’s services. As noted in the purpose of this chapter, the rules do not create or change any legal requirements regarding charging or awarding fees for services performed by a nonlawyer. While the fees charged should be based on the Advanced Florida Registered Paralegal’s experience and services, they should not be the same as or exceed the fees charged by the lawyer--as that would do little to increase access to civil justice. Improper fee splitting is not implicated as the limited representation client is hiring an employee of a lawyer and fees would go to the lawyer with the Advanced Florida Registered Paralegal being compensated accordingly.

A client may choose full representation by a lawyer. As with any other representation,

the lawyer may delegate tasks to the Advanced Florida Registered Paralegal that are properly delegable, while maintaining responsibility for the representation. In that circumstance, although the Advanced Florida Registered Paralegal holds the title of Advanced Florida Registered Paralegal, the Advanced Florida Registered Paralegal is acting as any other paralegal in performing the delegated tasks.

Nothing in this chapter prevents an Advanced Florida Registered Paralegal from

providing services a Florida Registered Paralegal may provide. In other words, if the employing or supervising lawyer assigns a task that is outside the scope of the services set forth in subsection 20-6.3, but which may be performed by a Florida Registered Paralegal, the Advanced Florida Registered Paralegal may perform the services and provide the assistance to the lawyer.

RULE 20-7.2 ADVANCED FLORIDA REGISTERED PARALEGAL

An Advanced Florida Registered Paralegal must meet the continuing education

requirement for a Florida Registered Paralegal. At least 11 hours of the 33 hour minimum

requirement must include courses in an authorized area of law, litigation, or general civil law.

The courses in an authorized area of law, litigation, or general civil law must be courses

approved by The Florida Bar.

(e) Performance of Services. A Florida Registered Paralegal must act prudently in

determining the extent to which a client may be assisted without the presence of an attorney. A Florida Registered Paralegal may perform services for an attorney in the representation of a client, provided:

(1) the services performed by the paralegal do not require the exercise of independent

professional legal judgment;

(2) the attorney is responsible for the client, maintains a direct relationship with the

client, and maintains control of all client matters;

(3) the attorney supervises the paralegal;

(4) the attorney remains professionally responsible for all work on behalf of the client

and assumes full professional responsibility for the work product, including any actions taken or not taken by the paralegal in connection therewith; and

(5) the services performed supplement, merge with, and become the attorney's work

product.

20-2. DEFINITIONS

RULE 20-2.1 GENERALLY 

(l) Direction and supervision. Direction and supervision of:

(1) A paralegal or Florida Registered Paralegal means that the employing or supervising

lawyer directly supervises the work product of the paralegal or Florida Registered Paralegal.

(2) An Advanced Florida Registered Paralegal means that the employing or supervising

lawyer:

(A) ensures that the Advanced Florida Registered Paralegal is aware of the lawyer’s protocols for the performance of services authorized by rule 20-6.3; and

(B) provides guidance to the Advanced Florida Registered Paralegal relating to

the performance of services authorized by rule 20-6.3 upon request by the Advanced

Florida Registered Paralegal.

(o) Authorized Area of Law. An authorized area of law for an Advanced Florida

Registered Paralegal is family law, landlord tenant law, guardianship law, wills, advance

directives, or debt collection defense.

My questions and concerns:

Does this help or hinder consumers' access to justice?

Is this initiative even necessary?

Why did they single out those practice areas? [family law, landlord tenant law, guardianship law, wills, advance directives, or debt collection defense]. Why not all or nothing?

As always I appreciate your comments and insights.

Proudly Serving the Under Served

I am grateful for the privilege to do what I do. I serve consumers who would otherwise go without. I help people who have no choice but to stand up for themselves. I prepare documents for those who have no idea how to proceed. I am a Florida legal document preparer. "Proudly serving the under served." appears on our association site. And I mean it, it is not just a catchy marketing phrase. It is what we do. I am proud and humbled at once.

Couples break up. Neighbor sues neighbor. Disputes fester. Solutions are elusive. Most people want things to be fair, even while acknowledging that the world isn't fair. We've known that the world isn't fair since we were children, but still wish it were so. Wishing isn't getting, but we can try. Try for that reasonable and fair solution. The compromise where no one is completely happy, but no one feels trod upon.

Rental leases, cell phone contracts, car rental contracts, insurance, employment contracts, non-compete agreements, bills of sale, promissory notes, pet care agreements, construction contracts, powers of attorney, and licensing agreements are just a few of the contracts that consumers use and sign, often without an attorney. In fact, most of these types of contracts are usually signed without an attorney looking out for the signer's best interest. Few new hires would refuse to sign an employment contract until an attorney had a chance to review it. And, it would likely be less than cost effective to have an attorney review and approve a cell phone contract prior to signing.

But, when a marriage deteriorates. Or business partners disagree. Or an arrangement that once worked becomes unbalanced. Or when the powerful prey upon the weak. And there is no compromise in sight, the dispute lands in court. When property, money, and children are at stake - somehow, some way, the dispute needs resolution. Even if that means taking it out of the hands of the disputing parties to let a judge decide.

It is always always always better to resolve disputes without judicial intervention, as long as the solution does not leave the weaker party weaker still. And there's the rub. It's hard to know. Presented with a settlement agreement or contract, for example, how does a layman have any idea whether he should sign? It may seem to say that the agreement is reasonable, but maybe there is also some language that doesn't make obvious sense. Then what? Research, education. Ask for clarification and/ or lawyer up, I guess.

Document preparers encourage their customers to seek legal advice when they do not understand their rights. We encourage consumers to consult with an attorney and ask for advice regarding their rights and responsibilities. We also encourage consumers to educate themselves about their rights and responsibilities. We are here to prepare documents once a consumer knows their rights and responsibilities. And then once the documents are prepared, we then encourage consumers, to have an attorney review the documents. Whether a consumer can afford an attorney or not, depends entirely on that consumer's specific financial means.

And even as we encourage consumers to seek legal advice, we know that many will not be able to afford the fees. We are not part of the problem, but we certainly aspire to being part of the solution.

Please complete our FALDP Pro Se Survey. Thank you!

Fl

orida Association of Legal Document Preparers

Pro Se Survey II

In 2012 we offered the first in our pro se survey series. The information we request on this survey builds off of the first one, and hopefully makes up for some of the information gaps. We ask for your name and address, but you are not required to provide that information to complete the survey. Providing your personal information is completely voluntary. Thank you to all of you who contribute. If you are a pro se litigant, please complete our survey. If you do not want to be contacted after completing it, we won't contact you - ever. This is in no way a ploy to collect your information. We really want the data; and you can remain completely anonymous.

CLICK HERE TO COMPLETE THE SURVEY

Pro se litigants are often overwhelmed and face multiple obstacles in pursuing or defending their legal matters. As far as we can tell no one, no government entity, no private groups makes a concerted effort to find information about pro se litigants. There are plenty of assumptions. One of the most prevalent assumptions is that pro se litigants simply cannot afford an attorney. Another assumption is that pro se litigants lack formal education. We want to know whether these assumptions are correct. Whether there is, in fact, much more to the story. 

The legal system belongs to all citizens. It does not belong to attorneys, the judges, or the court staff. Our tax dollars pay the court staff and the judges salaries. We understand that the court prefers for consumers to be represented by counsel. Consumers lack of information about procedure is real. Florida procedure is labyrinthine and there are few reliable sources for consumers to learn about the steps and rules that must be followed. 

Finding Legal Information

As the number of Florida pro se litigants increase, so does their need for research tools. Since pro se litigants are nonlawyers, with little or no knowledge of the law, access to understandable easy to use resources is vital. Many pro se litigants are low income and therefore unable to pay for a research service.

Legal research is rarely easy or straightforward. Because American law stems from many sources and develops in complex ways, thorough legal research requires technical proficiency. And because the law is dynamic and often unclear, thorough legal research also demands creativity and careful thought.

Many consumers can easily locate Florida Statutes when beginning their research, but identifying the issue first may be more daunting. Florida Statutes can be pulled up online as simply as entering the search string - Florida Statutes online - into your favorite search engine. However, the statutes themselves are not intuitively searchable, and its difficult to know what you're looking for until you find it.

Narrowing the search from the outset will help bring results that are more useful and less daunting than a more general search. For example, suppose you were a residential tenant and you had received a three day notice to pay or quit. But, you, the tenant, did not want to pay because the landlord had promised repeatedly to fix the roof, air conditioning, and the hot water heater and had never done anything. How can a tenant find guidance, (assuming the tenant cannot afford an attorney and does not qualify for legal aid)?

Many consumers will immediately take to the net to find answers. Some question and answer sites have good answers and some don't. Finding the statutes could be a good starting point. For that issue, use the search string - Florida Statutes online landlord tenant - and you'll arrive at Florida Statute Chapter 83 in its entirety. This is a lot to wade through, and it is a better idea to do some general research first to familiarize yourself with landlords and tenants rights and responsibilities.

Read some articles from authoritative sources. Authoritative sources are official government sources like the Florida Bar site, or the Department of Agriculture and Consumer Affairs.

In reading these articles you may learn under what circumstances a tenant is allowed to withhold rent and why. Spending time collecting facts, learning the vocabulary, and then analyzing the facts will save hours of time spent on dead end research. Many beginning researchers can find the governing laws, statute, or ordinances, but struggle to find out how to apply them. The actual procedure is often the most difficult part in practical terms. These two broad areas of law are referred to as substantive and procedural.

In our scenario, about the tenant having been served with a Three Day Notice to Pay or Quit, the researcher will soon find out through reading articles and Florida Statutes, that a tenant can withhold rent if his rented dwelling is uninhabitable. The researcher, may then wonder, what exactly is considered "uninhabitable"? Is having no air conditioning in July in Florida considered legally "uninhabitable"? We all may well agree that no A/C is torture, but the law doesn't say so. In fact, Florida landlord tenant laws demand that a dwelling have heat, but air conditioning is not a requirement for habitability. Hot water and a non-leaking roof are generally considered requirements for a habitable dwelling. See 83.51 Landlord’s obligation to maintain premises.— for more information.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.51.html

If a residential tenant needs to withhold rent because the landlord won't make necessary repairs or if the dwelling is uninhabitable, the rent should be deposited with in the registry of the court. And the tenant should have notified the landlord in writing previously and the landlord failed or refused to make things right. If the tenant has placed the rent in the registry of the court, and the judge finds that the landlord has neglected his obligation to maintain the property, the judge can then decide how the rent money should be disbursed.

Exact procedures for withholding rent can sometimes be found on the clerk of court's website (depending on the county). Pinellas Counts provides some good information and forms for landlords and tenants. Notes on the form for withholding rent state:

A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to cure the non-compliance, violation, or default of its obligations. Failure to send the required notice to th e Landlord has significant impact on a Tenant’s rights under the rental agreement and Florida Statutes. If the non-compliance is not remedied within the time period specified by statute (or such longer time as may be granted in your written rental agreement) and the Landlord’s failure to comply renders the dwelling unit untenantable and the Tenant vacates, the Tenant may vacate and withhold all rent, or, if the failure to comply does not render the dwelling unit untenantable, rent may be reduced in proportion to the loss of rental value caused by the non-compliance. If the Landlord’s violation of its obligations is not remedied, but the failure to cure the non-compliance does not render the dwelling unit untenantable, the Tenant may remain in the dwelling unit and the rent shall be reduced, until the violation is cured, by an amount in proportion to the loss of rental value caused by the failure to cure the violation. In any legal proceeding, however, the Tenant will have to pay all past due rent, and rent as it co mes due during the legal proceedings, into the registry of t he Court. The Tenant should, therefore, deposit all rent as it comes due in a separate bank account until the Tenant's disputes with the Landlord have been resolved.

For the text of Florida Statute 83.51(1), and the grounds for withholding rent, see the note to Form 3. SOURCE: Sections 83.56 and 83.60, Florida Statutes (2007).

Legal information can be found in many places. Diligent and persistent search pays off when you find the answers to troubling legal questions. Keep an open mind, frame the issues, and remember there may be more than one right answer to any legal question. Visit FALDP to find legal information for Florida pro se litigants.

Uberish

I read Jordan Furlong's recent article, "What Makes Uber Tick, and What Lawyers Can Learn from It". He makes some good points, but, in my opinion, didn't go quite far enough. I view all of this from the other side of the lens.

Furlong's article states: " ... lawyers should consider Uber a powerful illustration of how and why traditional providers lose control of their markets. Uber doesn’t succeed because its rides are cheaper, or not primarily because of that. It succeeds because it corrects the many flaws in the traditional taxi model."

The world needs lawyers to represent and give legal advice. But, sometimes, people only need documents. The world needs document preparers to do just that - responsively, conveniently, and at a reasonable cost.

When a consumer hires a document preparer for divorce documents, for instance, the necessary documents are almost always prepared for a flat fee. Period. Consumers know before they pay, exactly how much the service will cost, and exactly what services they can expect to receive.

Lawyers traditionally charge by the almighty billable hour. Statewide, lawyers rates average over $200. per hour. Besides the fact that many litigants earn less than $200 per day, the billable hour practice is confusing and those minutes and minutiae quickly add up to exorbitant amounts and whoops there goes the retainer. Consumers don't know until they find out the hard way that their lawyer is going to bill them against the retainer for every email, every phone call, every document the lawyer reads related to their case, every document prepared in their case, every out of pocket expense, paralegal fees billed out at anywhere from $100 to $200 per hour, mediation, consultation, and court appearances. And before the client knows it, its time for mediation or a court hearing, and the lawyer is asking for more fees. If the consumer has no more lawyer money to spend, he goes it alone, pro se. And, that consumer, is usually not happy about the experience. Small wonder that lawyers have such a terrible reputation.

It happens all the time, that a lawyer withdraws at just these critical junctures, because the client has no more money to spend. Even though it is considered unethical for a lawyer to leave their client high and dry in this manner ... it happens all the time.

I agree with Furlong that no one wants to see lawyers disappear entirely, just as it is not practical for taxis to be replaced entirely by Uber drivers. There is a place in the market for taxis and Uber drivers; lawyers and document preparers. Consumers who choose Uber over a taxi do so for customer service, convenience, and price. In Uber's case the price for services may be similar to a taxi ride. Lawyer fees and document preparer fees are often miles apart. Document preparers often charge just 10% of what a lawyer would charge. Routine documents for things like, divorce and bankruptcy are the handiest comparisons.

For example, bankruptcy petition preparers charge around $200 to prepare the thirty some odd documents for a bankruptcy; lawyers typically charge around $2000. Initiating a Florida divorce with a lawyer may begin with a retainer of anywhere from $1500 to $10,000. Document preparers charge between $99 and $500. Initiating a divorce requires paperwork, and to be fair to lawyers in the comparison, lawyers services may also include legal advice and court appearances. At the low end for divorce lawyer's fees, $1500., if a client receives for that money - document preparation, service of process, filing fees, and some advice - he's actually done well. And the services he received, at least as far as price, would be roughly comparable to a legal document preparer. A document preparer at the high end, preparing divorce documents for $500, plus services of process (around $75), plus filing fee ($408. in most counties) and no advice or representation is about $900 - $600 less than the low end lawyer. So that consumer has $600 left to spend on legal consultations, or court appearances.

Furlong's article goes on to mention some partial solutions to delivery of legal services, listing some referral sources and alternate legal service providers. The Florida Supreme Court Commission on Access to Justice repeatedly touts technological solutions as the path to legal access, and have been discussing better technology solutions for the past two years.

We, FALDP, have developed our own technology solution. Our FALDP Document Portal allows consumers to prepare their own documents online for a small fee. As far as we have found, our site works better than any of the court sites, or private sector sites in Florida. For $99 consumers have unlimited use for one month to prepare their own family law documents. The consumer enters their information once into a questionnaire, form fields automatically fill throughout the form set, then the consumer can either save the completed forms to their computer or print them out. All forms are based on Florida Supreme court approved family law forms.

www.FALDP-DocumentPortal.org

Furlong states: "Lawyers, like cab drivers, are useful and capable service providers who nonetheless are sabotaging themselves through their own lousy delivery models."

Lawyers and taxis have been around for centuries. Uber and document preparers were born to offer services more conveniently, with better customer service, and crystal clear price transparency.

The customer is the most important part of any business. And if a business doesn't take care of their customers -- someone else will.

27 Barriers to Legal Access & 11 Possible Solutions

"The law should be a shield for the weak and powerless, not a club for the powerful."

- Gov. Roy Barnes, 2004 Equal Justice Conference

Article I, section 21 of the Constitution of the State of Florida requires that

“the courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.” 

Inherent in this mandate is the precept that our courts are neutral bodies that will interpret the law fairly, and will ensure equal treatment of all parties. 

27 Barriers to Legal Access

1. Many pro se litigants cannot afford to hire an attorney. One of the most common barriers is the economic situation of pro se litigants. Lawyers' fees are un-affordable for people with modest income. Also there is a limited access to free or low cost legal services.
2. Many consumers have no idea where to even begin.
3. Many would be pro se litigants don’t realize they have a right to access the court system themselves.
4. The law is packed with forms, statutes and jargon that the average person may not understand.
5. Legal aid societies cannot keep up with increasing pace of low income litigants. There is a limited supply of low cost or pro bono attorneys. Low cost legal assistance can be hard to find and non-profit centers with strict guidelines and so many people needing assistance, may not be able to help.
6. Judges don’t tend to like pro se litigants.
7. Judges assistants are sometimes rude.
8. Court clerks are often rude. Judges and courtroom personnel are often condescending towards pro se litigants.
9. Opposing counsel secretaries can be obnoxious.
10. Everybody hides the ball and passes the buck.
11. Everybody tells pro se litigants to get an attorney.
12. Pro se litigants lack credibility. People, like opposing counsel, clerks, or judges may think a pro se litigant doesn't know any of the rules; and so the pro se litigant may not be taken seriously.
13. The average reading level for Floridians is between the eighth and ninth grade level. The pro se forms and their instructions may be too difficult to read and understand; as they are written above the reading level of many Florida citizens. 
14. Unfamiliar legal jargon. Unnecessary terms are used. Legal “jargon” serves as a means to exclude from the courts any person who doesn't pay an attorney, or speak the jargon. 
15. Many people have incomes that are too high to qualify for free legal assistance. 
16. Unclear court procedures, confusing court forms, incomplete or misleading judicial websites. 
17. Underhanded attorneys will not file or notify pro se litigants with the correct paperwork in the correct manner, but if a pro se litigant does not follow procedure precisely, attorneys are the first to cry foul to the Judge. 
18. Language barriers - foreign born litigants, there is often no court interpreter available. 
19. Procedural requirements are often harder for pro se litigants, and purposely made this way. In fact, legal papers filed by an attorney that need to be “corrected” are often times overlooked by the judiciary system simply because they were filed by counsel. 
20. Clerks and opposing counsel withhold information from pro se litigants that is normally given to attorneys. If an attorney's office calls to ask about a hearing,for example, the clerk will provide all the answers. But if a person representing their own interests asked for the same information, the answer becomes legal advice. 
21. Pro se litigants are considered distinctly unwelcome. It is literally an institutional bias.
22. Unfamiliarity with legal procedures can be frustrating and embarrassing for someone seeking justice. It can cause a person to abandon their cause or wind up with a less than desired outcome.
23. Finding the correct forms to file. Choosing the right forms and filling them out correctly is not only time consuming, but can be an overwhelming task. 
24. Finding the proper jurisdiction and venue in which to bring their action. How to choose between small claims, county court, or circuit civil? Do I file my family law case where I live or where my ex lives? 
25. Navigating the legal system - civil process and procedure. Pre-law students, paralegals, and attorneys all take at least one course about civil process and procedure - CivPro. Many find the information overly detailed and difficult to retain. Imagine the pro se litigants' dilemma having to decipher an entire body of information for the first time, on a deadline, when their home, their money or their children may be at stake.
26. In many cases, clerks have been explicitly trained to never answer any questions from the pro se public. Such assistance has been perceived as violating the court’s neutrality or as unauthorized practice of law. Pro se litigants, therefore, frequently find their paperwork being refused as inappropriate or incomplete, but are given no help to correct it; no explanation of the problem or how to fix it; and no referral to someone who could help. This is called "hiding the ball".
27. Education is a big issue for many people who want to pursue their rights. Most of the do-it yourself forms require that the person has access to a computer with internet, to find forms; to fill them out; to print them out; and to do even rudimentary legal research.

Eleven Possible Solutions 

1. Explain court procedures clearly and patiently (several times if needed—it’s a lot to comprehend)
2. Help customers define for themselves what they are seeking and be good listeners. Sometimes people really need an ear because they get so beaten up by the system!
3. Clarify with them what their goals are. What are they trying to accomplish? Help them understand legal terminology or show them where they can look it up.
4. Help them fill out court forms.
5. Explain what types of pleadings exist and what the procedures are for their situation.
6. Help them get fee waivers (if they qualify) from the court.
7. Do some “hand holding” (give them a check-in call before court and a follow up call after)
8. Know when to refer them to an attorney (the case is too legally complex, there is a lot at stake and or the Judge is not taking them seriously.
9. The goal of any legal document preparer should be to provide professional document preparation services at a cost that is affordable. Not only should these services be given with the utmost professionalism, but also allow the customer to vent their frustrations and tell their story, This level of professionalism and interpersonal skill makes the personalized services of a legal document preparer far stronger than most realize; by not only providing the proper formatted forms they need, but often, even only temporarily, someone to listen.
10. As a legal document preparer our mission is to help others to complete their own legal tasks.
11. Empowering pro se litigants so they can become knowledgeable about their legal rights and be able to stand in front of a judge and state their case with confidence and conviction.

FALDP Conference Specials

FALDP's Sixth Annual Conference is on September 19, 2015 at the Fountain Beach Resort in Daytona Beach. Every year we try our best to top the year before. This year we'll have four dynamic and inspiring speakers and a list of conference specials. Here goes:

1. FALDP Membership + Conference = [only] $130.

2. Turn Key Business Bundle - includes conference fee and membership - ONLY $499.

3. ANY three course or more bundle includes the conference fee - save $75

So what are you waiting for? The run up to the annual conference is one of the best times to join our association. Besides all of the benefits of membership - free webinars, referrals, networking, and advertising - document preparers who join now will be on the ground floor for FALDP Certification.

Visit our site to read more about the upcoming conference, membership, and the conference specials. And please do not hesitate to call if you have a question about membership, document preparation, or if you need legal information. We're here to help.

Sixth Annual FALDP Conference - 9/19/2015 in Daytona Beach

 "Give me a lever long enough and a fulcrum on which to place it, and I shall move the world".

Archimedes 

Our SIXTH ANNUAL CONFERENCE - 2015 -  is set for September 19, in Daytona Beach, Florida at the Fountain Beach Resort. Although we have never before repeated a conference location - the venue in 2014 was so good, we think we need to do it again. More details coming soon.

We have been busy making plans for our Sixth Annual Conference. We are pleased to announce that one of our guest speakers will be Ken Diaz, co-founder of FALDP, who will focus on how to turn your website into a thriving online business. Your site is your virtual office - your storefront -  representing your business in the 2015 cyber space economy.

Ketty Rodriguez - our FALDP Ambassador for Lee County and Spanish Coordinator will explain how she can help our members and the community by assisting in serving the hispanic community. Ketty and I appeared together on Accion Hispana to talk about the legal document preparation industry in Florida.

A central Florida woman who will speak about her unspeakable personal difficulties in accessing the legal system and the government's blatant denial of justice.

We are planning on at least one more guest speaker, details to come.

The Conference is all day on Saturday, September 19; and we will provide lunch. 

The theme for the upcoming conference is "LEGAL ACCESS". Florida document preparers with FALDP as an aligning force are at the forefront in assisting pro se litigants access the legal system. The legal system -- the courts, the laws, and citizens' rights. Without us, many consumers would have nowhere to turn, and no one to help them. We are the Axis of Justice.

The Conference fee for members is $75. Pay the $75 fee if you have already renewed your membership this year and want to attend the conference. If you have not yet joined and want to attend the conference the fee for annual membership and the conference fee combined is $130. This combination rate applies to new or renewing members. Learn more about FALDP Membership here.

Legal Document Preparer Certification

People often ask: Are you a paralegal? I answer, no, paralegals by definition are supervised by an attorney, and I am not. I am a legal document preparer. As a legal document preparer I can prepare documents for you, provide legal information; and explain procedure. I cannot give you legal advice; or provide representation.

Are you certified or licensed? I answer, no, legal document preparers are not regulated by the state or government in any way. However, I am a member of the Florida Association of Legal Document Preparers - www.faldp.org - which is a statewide trade association for nonlawyer legal document preparers.

The Florida Association of Legal Document Preparers (FALDP) raised the bar in 2016 when it started offering an opportunity for member document preparers to earn FALDP Certification. FALDP has always required that prospective members meet minimum standards, which may include experience preparing documents for pro se litigants; law firm experience as a paralegal; academic training; or a combination of experience and training.

By adding the "FALDP Certified LDP" designation the world will know that the document preparer has taken the time, initiative, and interest to go the extra mile. There is a three step process to certification available to FALDP members. Pass a Basic Skills Test; pass a Focus Area Test; and complete at least 10 Continuing Education Units (CEUs) before 2016 renewal. Once certified, member document preparers must complete 10 CEUs each year to maintain their certification.

Consumers will benefit by being able to easily find out whether a document preparer has taken the time to become certified and maintain certification. The document preparer's focus area(s) will be clearly displayed to help consumers make an informed choice in hiring a document preparer.

The Florida Association of Legal Document Preparers exists primarily to help consumers access the legal system by providing resources and document preparation assistance. The association's website, www.faldp.org, is itself a resource, with information about court procedure, detailed articles, online courses, and a Membership Directory which advertises the services of member document preparers.

FALDP's second goal is to support the legal document preparation industry by providing educational opportunities, webinars, an annual conference, networking, online courses, and mentoring. To that end FALDP now offers Intensive Training for Divorce Document Preparation every month beginning in February 2023.

Founded in 2010, the Florida Association of Legal Document Preparers has proven itself to be an industry leader in a rapidly evolving service market. Consumers contact FALDP for referrals to member document preparers. Consumers and document preparers alike can take advantage of the many free resources on the website. Resources include articles; information; and a question and answer forum.

The internet has helped level the information asymmetry for self-represented litigants by allowing the determined and diligent to pursue their case on their own. FALDP is the fulcrum providing the leverage to Florida pro se litigants - the Axis of Justice.

"Give me a lever long enough and a fulcrum on which to place it, and I shall move the world."

Archimedes 

Unbridled Pursuit of Liberty (UPL)

Consumers and pro se litigants -- this affects you. If document preparers are harassed by Florida Bar UPL Committees with unfounded allegations of "potential harm" document preparers may cease to exist. Florida legal document preparers represent a low cost alternative for legal services. Not a substitute for an attorney -- an alternative. Some consumers cannot manage to pay attorney's fees, and lacking some sort of assistance, typically go without taking any action at all. The results can be devastating to them, their finances, and their families.

We owe it to ourselves and our children to continue to expect, no not only "expect" -- demand, that we live in a free society. To expect and demand that our freedoms are not unreasonably curtailed by our government. America is the land of the free, albeit with plenty of warts and wrinkles, we are still the greatest country on the planet. So far so good - we can travel when and where we want, with few exceptions; we can marry as we please; divorce as we please; have as many children as we can afford; work wherever we can get hired; start a business; get an education; say what we want to whom; worship as we please; and bear arms.

Consider the reasons colonists came to America ... they were poor, oppressed, thrown out of debtors prison onto the streets. They came across the ocean to the new world for a new beginning, a chance for a new life and for freedom. Besides the Indians, who were here first, these colonists are our forefathers and our examples. Their spirits are imprinted on our collective DNA. Consider the mentality--"one door shuts and another one opens"; "this branch in the road is a dead end, so let's chop a new one through the jungle"--is characteristically American. We are rugged individualists, fiercely independent, watchful of the government, and endlessly resourceful.

So why would we be accepting of the government's paternalistic stance claiming that they know better than us, as to how we might be harmed? There is possible harm in everyday life, from crossing the street to eating a peach. You can drown in a tea spoon of water and be electrocuted turning on a light. Yet, the government allows us and expects us to navigate life and make our own decisions based on the potential risks. And rightly so. But, when it comes to the possible harm that could be done by a non-lawyer document preparer, our government is there to [ostensibly] protect consumers from potential possible harm.

Absent any consumer complaint; and despite no evidence of harm -- the very fact that there may be potential harm is cause enough for the Florida Bar to unleash their power against document preparers. And their power is considerable. According to the "2012 Survey of Unlicensed Practice of Law Committees" the Florida Bar has the largest annual budget of any state for prosecution and investigation of the unauthorized practice of law (UPL) -- an astounding 1.6 million.

An inadvertent mistake of language in advertising, a document preparer referring to himself as a paralegal, can trigger an investigation. The letter from the Florida Bar typically begins - you may be engaging in the unauthorized practice of law ... and continues to explain that UPL is a third degree felony with fines up to $5000 per incident and up to five years in prison. Intimidating and frightening to a document preparer whose only crime was to call himself a paralegal.

Without a case filed in circuit or criminal court, the Florida Bar UPL Committee can and often does initiate an investigation and prosecution against a document preparer. No consumer complaint required.

In addition, attorneys have standing to initiate a UPL case against a document preparer. The UPL Committees are apparently given the right to prosecute UPL cases through the Florida Supreme Court despite the criminalization of UPL. At the investigation stage, there is no court case filed, instead the case is assigned a TFB case number, which stands for - The Florida Bar. Hearings are held by the Florida Bar UPL Committee where the document preparer is questioned under oath behind closed doors at the courthouse; and typically, the document preparer is not advised of the nature of the hearing and often appears pro se. Yet another intimidating tactic employed by the UPL committee under the auspices of investigation and prevention of potential consumer harm; is to subpoena a document preparer's records to include all documents prepared for their customers within a specified time period. The specified time period is often months or even years.

Although the document preparers, many of whom specialize in family law document preparation, acknowledge their preparation on each form prepared at the time of preparation by including their information on each form; and the documents prepared are usually public record, having been filed in the courts anyway; the prospect of having to produce all documents for the UPL Committee is chilling. The intrusive nature of the requests amount to an overreaching fishing expedition; and undermine the trust between the document preparer and their customers. The further prospect of someone from the UPL Committee contacting a document preparer's customers to ask them whether they received legal advice is deep freeze. Many consumers and apparently many UPL Committee members don't distinguish well between legal advice and legal information.

I titled this essay - The Unbridled Pursuit of Liberty (UPL) for the sole purpose of retooling the acronym. There is actual consumer harm resulting from unauthorized practice of law investigations and that harm is done to consumers by the UPL Committees. The foxes overseeing the hen house. In intimidating document preparers out of business, consumers lose.

Consider the soon to be divorced wife with small children whose powerful philandering husband refuses to pay the bills during divorce proceedings to starve her out in an ill advised effort to force her to take him back. The wife, in this scenario, having depended on her husband financially has no means to afford an attorney, and also does not qualify for legal aid if there is no domestic violence and she has more than $500 to her name -- has no choice but to proceed pro se. A document preparer can help by assisting this woman with procedure, preparing professional documents, and including the requests in the petition or answer that this pro se litigant requests and desperately needs to level the playing field.

Or consider the unwed father left reeling after his first child support hearing before a General Magistrate. The unwed father welcomed the chance to go to court to finally be able to regularly see his child; and voluntarily provided for his child since day one without any court order. But, he quickly learns that the voluntary payments don't count; and the child support hearing has nothing whatsoever to do with child custody. A document preparer could assist this father by preparing documents to have his case heard in circuit court with the outcome that he would be named the legal father with full rights of paternity.

This wife and this unwed father would suffer harm if document preparers cease to exist. These two consumers are minute examples of the sea of consumers that cannot afford to hire an attorney, but need some sort of legal help. The wife could become homeless with children unless she manages to obtain temporary support pending the final judgment of divorce. The unwed father remains at the mercy of his baby's mama as to when he sees his child -- harming not only the unwed father, but the child as well.

In 1859, John Stuart Mill, wrote in "On Liberty" the following words:

"The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign."

— John Stuart Mill, 

Mill, John Stuart (1859). On Liberty (2 ed.). London: John W.Parker & Son.

Time to readjust the sails and head for reality. There is no other option.

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.