Advice v Information

 

Sometimes it's hard for people to fully understand the differences between legal advice and legal information. Information is fact. Advice is telling someone what they should or should not do. Seems obvious enough.

However some general advice becomes not advice at all because it so general. For example, common knowledge advice. You should wear your seat belt while driving. Don't drink and drive. You should pay your income taxes on time. You should financially support your children. All of those statements are advice, and there are laws related to all of those statements, so does that mean those statements are “legal advice”, which is something that only a lawyer can give?

No, the very general nature of the advice, even though the subject is technically a legal matter, transforms these advisories into general advice.

But, it gets murky. I'm not an attorney. What if I said to a first time homeowner, you should apply for homestead exemption? Is that general advice? It's obvious to me, and common knowledge to me having lived in Florida most of my life and bought and sold more than one home. But what if the first time homeowner is not only a first timer, but also has recently moved to Florida? Is it legal advice?

Maybe. It might be better to send that person down to the county building to find out all about homestead exemption on his own.

I always identify myself to prospective customers as a legal document preparer. And, I then, explain that a legal document preparer can prepare legal documents, provide legal information, and explain procedure, but may not provide legal advice or representation. Although, most consumers say they understand, it still may not prevent them from asking legal questions which I cannot answer.

Legal document preparers may not select forms for their customers. But, many times the customer knows exactly what he wants to accomplish legally, but does not know the name of the form or process. For example, frequently an unwed father will call and tell me that the mother of his child will not allow him to see the child. Most of the time, the father is already paying child support. He is at the mercy of the mother's whims, and poor dad doesn't know why. So I tell him the name of the form.

The central form is called a Petition to Determine Paternity and Related Relief. And, I explain it in this way, “this is like a divorce but for parents who were never married and have a child together.” And I go on to explain that the purpose of the process is for him to receive a signed order from the court naming him as the legal father so that he will have just as much right to see the child as the mother. And this is exactly what happens, unless the mother proves that there was ongoing criminal activity in the household; child abuse or neglect; domestic violence in the parents' relationship; or some other reason that this father should not have paternal rights.

I am not an attorney, I am a Florida legal document preparer. I do not provide legal advice or representation.

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

The ABA is Preaching to the Choir

A recent article by Lisa Needham, "A Quick Look at the ABA’s Report on the Future of Legal Services" (8/9/16) published on www.lawyerist.com made the following statement.

"The access to justice gap remains enormous. Legal aid organizations are overtaxed, pro bono representation can’t meet the need, and other initiatives have fallen far short".

My observations and replies are as follows:

I have been writing about the justice gap for some time, and it is far more than a "gap".More like a canyon. A gorge. An abyss. Legal aid organizations are overtaxed. For every person helped, another is turned away. The 2009 ABA report on the Justice Gap reported: 

" Lack of resources, however, continues to be the major factor why LSC-funded programs turn away half of those seeking help. Closing the justice gap will require a multifaceted approach that includes increased funding by federal and state governments, private funders and concerned private parties, and increased pro bono contributions by individual lawyers." Now nearly seven years later, little has changed.

Pro bono representation can't meet the need. Although, in theory, attorneys are required to provide 20 hours per year in pro bono services, Palm Beach County officially allows attorneys to buy out their pro bono obligation for as little as $350 per year. Many attorneys charge $350 per hour, one hour of time versus 20 hours of work is a simple economic choice. The following is posted on the Palm Beach County Bar Associations website:

"In Palm Beach County, the Legal Aid Society of Palm Beach County is the designated agency for administering Florida's Pro Bono Plan. That plan, outlined in Rule 4-6.1, Rules Regulating the Florida Bar, describes lawyers' professional responsibility for pro bono service. The professional responsibility may be discharged by: (1) annually providing at least 20 hours of pro bono legal service to the poor; or (2) making an annual contribution of at least $350 to a legal aid organization." 

Other initiatives have fallen short. Florida's Commission on Access to Justice has been discussing and debating various initiatives for the past year or two with very little actual change or improvement. Florida legal document preparers are, at best, routinely overlooked as part of the solution. And, at worst, routinely intimidated from prospering and growing their businesses due to the Florida Bar's continuous intimidation. More than one FALDP member has closed up shop, specifically because of the threat of unfounded UPL allegations. Until the day we demand that the Florida Bar recognizes that document preparers are here to stay, that we provide a sought after and necessary service, and we do not seek to take work away from attorneys -- we, as business professionals, will remain disenfranchised, vulnerable, and ineffective.

I now ask FALDP members and all document preparers to stand with me and demand that our right to be let alone be upheld, and let us be free to pursue our livelihood without interference. That our business disenfranchisement be transformed by the gratitude of our satisfied customers. Demand that our vulnerability become our strength in our willingness to assist our customers despite the zealots who would have us fined and imprisoned. And finally affect our customers, our communities, and the world in positive ways by continuing to assist consumers as is their right.  

Dinosaurs in a Blizzard.

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

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

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

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

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

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

Florida Bar says:

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

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

I say:

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

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

The Florida Bar says:

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

I say:

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

What can this nonlawyer do for me?

The Florida Bar says:

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

I say:

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

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

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

The Florida Bar says:

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

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

I say:

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

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

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

The Florida Bar says:

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

I say:

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

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

I say:

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

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

I say:

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

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

I say:

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

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

I say:

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

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

I say:

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

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

I say:

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

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

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

I say:

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


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

The Florida Bar says:

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

I say:

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

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

Early Termination of Probation

Many regular everyday Joes and Janes find themselves on probation due to a one time mistake. For law abiding citizens, probation is not only embarrassing but also difficult to live with. Some people find that the reporting requirements, regularly leaving work to visit the probation office, make it difficult to keep a job. Others find that its difficult to secure employment at all while on probation.

Sometimes permission for early termination of probation is written into the sentencing order for probation. But, it won't come automatically. A probationer still must request early termination of probation, and generally their defense attorney is long gone. The courts usually require that a probationer complete at least half of their probationary sentence before requesting early termination. Even if the probation period is only one year, six months later a probationer usually must pay his defense attorney more to request early termination. The request for early termination is not usually part of the initial retainer agreement. Likewise, if the probationer had a public defender as a defense attorney, the public defender is not usually able to assist with early termination of probation due to budget restraints.

Many probationers don't realize that they can request early termination of probation for themselves and proceed as a pro se litigant (self-represented). While the decision to early terminate is at the judge's discretion, it is the probationer's right to request it. Some counties offer form packets for early termination, and some document preparers, such as www.for-the-people-of-Florida.com prepare the early termination forms for a nominal fee.

There are various types and levels of probation, including administrative, drug offender, sex offender, community control, and pre-trial intervention. Each type and level of probation includes its own set of restrictions and accompanying conditions.

The court can impose various conditions that a probationer must comply with or complete. Conditions may include community service, classes, and travel restrictions.

According to the Florida Department ofCorrections website - 

"Probation is a court-ordered term of community supervision under specified conditions for a specific period of time that cannot exceed the maximum sentence for the offense. The probationer is required to abide by all conditions ordered by the court. Violation of these conditions may result in revocation by the Court and imposition of any sentence, which it might have imposed when originally placing the offender on probation. The probationer is generally required to pay the cost of supervision to the state of Florida, and may have additional conditions requiring payment of restitution, court costs and fines, public service and various types of treatment.

The probationer is usually required to visit his supervising officer in the local office at least once a month and depending on the probationer's status, the officer may visit the offender at his/her home and/or place of employment."

948.04 Period of probation; duty of probationer; early termination.—

(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.

Following are probation conditions/ requirements that the court may impose. Isn't it worth your while to at least request that you be released from probation?

948.03 Terms and conditions of probation.—

(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:

(a) Report to the probation and parole supervisors as directed.

(b) Permit such supervisors to visit him or her at his or her home or elsewhere.

(c) Work faithfully at suitable employment insofar as may be possible.

(d) Remain within a specified place.

(e) Live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision.

(f) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor.

(g) Effective July 1, 1994, and applicable for offenses committed on or after that date, make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the felony probationer while in that detention facility. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors.

(h) Support his or her legal dependents to the best of his or her ability.

(i) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances.

(j) Pay any application fee assessed under s. 27.52(1)(b) and attorney’s fees and costs assessed under s. 938.29, subject to modification based on change of circumstances.

(k) Not associate with persons engaged in criminal activities.

(l)1. Submit to random testing as directed by the correctional probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances.

2. If the offense was a controlled substance violation and the period of probation immediately follows a period of incarceration in the state correction system, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s.943.10(3).

(m) Be prohibited from possessing, carrying, or owning any:

1. Firearm.

2. Weapon without first procuring the consent of the correctional probation officer.

(n) Be prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician. The probationer or community controllee shall not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.

(o) Submit to the drawing of blood or other biological specimens as prescribed in ss. 943.325 and948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement.

(p) Submit to the taking of a digitized photograph by the department as a part of the offender’s records. This photograph may be displayed on the department’s public website while the offender is under court-ordered supervision. However, the department may not display the photograph on the website if the offender is only on pretrial intervention supervision or if the offender’s identity is exempt from disclosure due to an exemption from the requirements of s. 119.07.

(2) The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s.827.071, s. 847.0135(5), or s. 847.0145, to reside in another state, if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period shall not exceed 364 days, and incarceration shall be restricted to either a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.

The Pro Se Advantage

Wise people are thankful for small favors. In a struggle, even the smallest opening, the smallest advantage can sometimes be widened enough to allow a victory to squeeze through. It isn't easy to represent yourself in court. It's hard. It's scary and complicated. Please read my past post - The Pro Se Courtroom Experience, posted in May, 2014.

But ... pro se litigants you have one important advantage. Despite the fact that you are not an attorney, not learned in law, are confused by procedure, intimidated by the judge and opposing counsel - despite all that you have the advantage. But it is up to you to grasp it. Grasp your advantage with two hands and don't let go.

This is your life. What ever the reason you are in court and appearing pro se - its your life. And it must be important, or you wouldn't be there. Whether you're the petitioner or the respondent; or the plaintiff or defendant -- this is so important that you must do something. Many pro se litigants have exhausted all possible resources before proceeding without an attorney. Already borrowed all possible funds from Mom and Dad or Uncle Bob; maxed the plastic; and seriously robbed poor Paul to pay that steep retainer. That retainer that you gave to the attorney when he listened to your story, was so nice and accommodating, and said pay me your money, sign here, and I'll see what I can do. Then all too often, just as court day is looming you're hit with another payment - oops the retainer ran out. Now, the attorney needs another grand to appear in court.

You don't have it -- so he withdraws.

But, this is your life. No attorney will ever know the intricacies of your case and your life like you do. To the attorney, you're another day at work, another case, another paycheck. To you - its your kids, your house, your money, and sometimes even your freedom. Take the advantage as you find it. Take the advantage that you know more about your case than your own attorney ever did. And take the advantage that you know more about your case and your story than the opposing counsel ever will.

Take the time to learn the court rules, do your best to work through the documents, look up terminology that you don't understand -- and use your advantage to its fullest.

In a perfect world, your attorney would handle your legal matter for you and you could sleep at night knowing that your legal matter is in good hands. We don't live in a perfect world, use any advantage that comes your way. And if the only advantage is - you have no choice. Exploit your own need to win, and channel it into doing the best you can in understanding procedure and arguing your case.    

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 

Legalese versus Readability

To a writer, the struggle between readability and gobbledygook is as important as the struggle between good and evil. The battle for dominance is particularly important to legal writers. Gobbledygook has long been the evil king – readability the rebel. Legal writers writing court pleadings and contracts for other lawyers and judges are content to uphold the status quo – stick with the legalese and jargon. Keep the unlawyers out. Other legal writers, who write for consumers are translators, translating the arcane and obscure words into everyday language.

I plugged the following paragraphs into Dr. G. Harry McLauglin's SMOG calculator. SMOG is an acronym for: Simple Measure of Gobbledygook. The SMOG calculator was developed in 1969 (imagine!) and back then you had to do the math yourself. It is based on the number of syllables in each word, number of words in each sentence, and number of letters in each word. Dr. McLaughlin states on his SMOG website,

“My readability formula SMOG estimates the years of education needed to understand a piece of writing. SMOG is widely used, particularly for checking health messages”.

The Federal Trade Commission requires that health messages for the public be written at no higher than a fifth grade reading level. I believe there should be a similar requirement for legal messages.

The following paragraphs are an excerpt from the instructions for the Petition for Simplified Dissolution of Marriage, Florida Supreme Court approved form 12.901(a), which was published on 1/2015:

When should this form be used?

This form should be used when a husband and wife are filing for a simplified dissolution of marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of the following are true:

You and your spouse agree that the marriage cannot be saved.

You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.

You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.

You are not seeking support (alimony) from your spouse, and vice versa.

You are willing to give up your right to trial and appeal.

You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).

You and your spouse are both willing to go to the final hearing (at the same time).

If you do not meet the criteria above, you must file a regular petition for dissolution of marriage.

This petition should be typed or printed in black ink. Each of you must sign the petition in the presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s office at the same time. You will need to provide picture identification (valid driver’s license or official identification card) for the clerk to witness your signatures.

The results were:

Readability Consensus

Based on 8 readability formulas, we have scored your text:

Grade Level: 10

Reading Level: standard / average.

Reader's Age: 14-15 yrs. old (Ninth to Tenth graders)

According to the Florida Literacy Coalition:

"One in Five Florida Adults Lacks Basic Literacy Skills:

More than 2.6 million adults in Florida— or 20 percent of those 16 and older — lack even the most basic reading skills, according to estimates released Thursday by the National Center for Education Statistics (NCES). Florida, with its large immigrant population, has the third lowest adult literacy level of all the states, behind California and New York. The state experienced a 33% increase over ten years in the percentage of people who fall in the lowest literacy skill level, with rates ranging from a low of 7 percent in St. John’s County to 52 percent in Miami-Dade."

I plugged in the first two paragraphs of this blog post into the SMOG calculator and received the following results.

Readability Consensus

Based on 8 readability formulas, we have scored your text:

Grade Level: 8

Reading Level: fairly difficult to read.

Reader's Age: 12-14 yrs. old (Seventh and Eighth graders)

 I think its ironic that I am not making any attempt to write at any grade level. I'm only trying to make the words I write as clear and concise as I can. And the State of Florida, who should be striving to make the language on the pro se form instructions easy to read, are more difficult to read than my writing.

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.

FALDP Now Offers 10 Online Courses

We are proud to offer a growing curriculum of courses to help document preparers help consumers. 

Our online document preparation courses are entirely self-paced. We offer these discounted courses to thank our members and friends for continued support throughout the year. You do not need to be an FALDP member to take our courses.

Our newest Course - Just Released:

Summary Administration of Estate is probate for small estates. A small estate in Florida is an estate with a value of less than $75,000. excluding exempt property. There is a huge demand for this type of document preparation. The forms for Summary Administration of Estate are included in this course. Tuition - $299.

And our other course offerings:

Parental Responsibility includes forms and instructions for preparing Parenting Plans; Supplemental Petition for Modification of Child Custody, Time-Sharing, and Related Relief; Supplemental Petition for Relocation with Minor Children; and other forms related to these court actions. Tuition - $261.

Debt Defense is completely self-paced and online as are all of our courses. Help yourself or help your customers defend against a law suit to collect a debt. This course includes sample documents, templates, and more. Also includes the most recent version of our FALDP Self-Help Guide instant download ebook - "You've Been Sued! How to Answer a Civil Complaint". Work through five modules with an exam link at the end, then complete the Exit Survey to request your Certificate of Completion. Tuition - $175. -

Post-Conviction Document Preparation includes information and forms about Early Termination of Probation; Expunge & Seal of Criminal Records; Restoration of Civil Rights; and Reputation Repair & Management. We have included official forms from the Florida Department of Law Enforcement (FDLE); and The Office of Executive Clemency. Once you complete the modules. Tuition - $199. -

Immigration Document Preparation - There are many ways to immigrate to the U.S., however the most common and the simplest is when a U.S. citizen sponsors a spouse. The same rules outlined in this course apply to other close relatives, as defined by USCIS. A close relative is a spouse, brother, sister, mother, child, etc; but not a cousin. And of those close relatives, by far the simplest and most straight forward of immigration processes is sponsorship of a foreign spouse by a U.S. citizen. Tuition $249. -

Becoming a Successful Landlord is now open for registration. We think its our best course yet, packed with information, links, and Supreme Court approved landlord/ tenant forms. The same forms we provide on our site for $9.99 are included in this course as free downloads.

Setting Goals
Property Types – What works best for you?
Choosing a Property. - A good choice makes all the difference.
Rights & Responsibilities – Working together works best.
Financial Considerations – Affordability and accountability. Laws and regulations.
Personalities – The Golden Rule.
Dealing With Disputes – Learn how to resolve disputes before they become disasters.
Evictions – Specific steps
Conclusion – Link to the test; important forms and information.

“Becoming a Successful Landlord” is geared both towards landlords and the document preparers who help them. Savvy tenants can also benefit from the information in this course. The information in this course can repay you many times over that small investment in yourself. Tuition - $199.00

Visit us online to learn more – http://www.faldp.org/Online-Courses.html

INTRO to Florida Legal Document Preparation explains business basics - including business structure, choosing a name, and deciding on a business model. This course also includes information about compliance and avoiding the unauthorized practice of law (UPL).There is no test, instead there are required assignments. This Intro course is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states; who would like to be a member of the most prestigious and only statewide legal document association in Florida. Tuition - $129.00

Preparing Florida Divorce Documents is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different dissolution processes is discussed; along with content about the Petition for Paternity and Related Relief.

Students must complete five study modules and quizzes. Upon successful completion of this course, students will receive a Course Completion Certificate. Entirely self-paced, students must spend a minimum of four hours on the course site. But, are also allowed up to 60 days to complete the course, providing maximum flexibility. Tuition - $220.00

Living Trusts and Estate Planning  is appropriate for both document preparers and consumers. For anyone who had gone through the probate process after losing a loved one, avoiding probate is an attractive idea. The primary purpose of creating a Living Trust is to avoid probate altogether by passing property to one generation to the next through a family trust. We know that informed consumers are the best customers; and we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete this course. Tuition - $129.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy shows consumers and document preparers how to start over with a clean financial slate. This foundation course introduces learners to bankruptcy terminology; types of bankruptcy; eligibility; Florida exemptions; means test; and do's and don'ts for Bankruptcy Petition Preparers. Tuition - $149.00

Our online courses for legal document preparers can increase earning potential immediately. Many FALDP members spend years in paralegal programs only to discover that are no paralegal jobs available, or, even worse, that the paralegal jobs that are available don't pay enough to justify the training required.

Recent graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents approved by the Florida Supreme court for pro se litigants. Consumers could prepare these forms themselves, but many people quickly discover that the forms are confusing. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task.

Smart business people know that there is a direct relationship between the number of products and services offered and potential income. Building multiple and diverse income streams helps entrepreneurs weather an uncertain economy.

Whether you are new to the legal document preparation industry or want to expand your services, the Florida Association of Legal Document Preparers is here to help. Registration for our online courses is open. Please visit:  Online Courses..  Or call 800-515-0496.

Support Unconnected with Divorce

John and Daisy were proud of their independence. They married young and enjoyed the joy and privilege of watching both of their children grow up, marry and have children of their own. Their oldest granddaughter was engaged to be married, and John and Daisy looked forward to meeting their great grandchildren whenever they arrive. The couple lived modestly and well within their means. As children of the depression, they both knew how to be frugal. But, they also treated themselves to a vacation once a year and dinner out at least once a month. They enjoyed good health, and stayed active by walking at least one mile daily. Daisy was also careful about their diet, making sure that they always ate wholesome and healthy foods.

Life can change on a dime.

They were walking, as they always did, around the long block. John stumbled and fell. When he fell he hit his head on the sidewalk. Daisy did not panic. Instead, she knelt beside him and talked to him; somehow knowing that she had to keep him awake.. He was semi-coherent. She told him he would be fine, and quickly called 911 on her cell phone. A fire truck and ambulance arrived within minutes; loaded John on a gurney and took him to the hospital. Daisy rushed home and followed. After waiting and wondering for hours, Daisy learned that John would probably be fine. The bump on his head was minor, and there was no concussion. But he had suffered a stroke which had caused the fall to begin with. The doctor wanted to keep John at the hospital, at least overnight maybe longer. Over the next few days, John got better, mostly better. He could talk but didn't have the full use of one arm and one leg. He needed help to get around. The doctor told her it was encouraging that he was talking again so soon. Daisy and John's children came to visit, they both offered to stay in town until John was better. Daisy declined, told them that John is getting better and he'll be home soon.

The days turned into weeks. And although John was better -- his recovery was not complete. He still couldn't walk by himself, and his left arm didn't work at all. The doctor advised that John should go to a nursing home. Daisy knew all too well that most people that go to a nursing home never come out. She talked it over with both of her children. They both told her that she needs to rely on the doctor, and they both said they would come and stay with her and help in any way possible. John's recovery was slow, and the doctors released him to a nursing home as planned. Daisy went everyday to visit him. She sat with him and watched TV, told him news and gossip about family and friends, and tried to make him smile.

The first month that John's social security income was redirected to the nursing home, Daisy barely noticed being preoccupied with John's recovery and return home. The second month, she paid everything again herself from her check and their savings. John's social security was two thirds of their family income. And now his income was gone. She struggled to pay all the bills on her own. She asked her son and daughter for financial assistance, and they happily obliged. But, Daisy knew neither could afford to make up for her financial shortfall for very long. They had their own families and children to look after.

Visiting hours at the nursing home began at 10:00 in the morning. Daisy tried to maintain her usual daily routine, although it was hard without John by her side. She still walked the long walk around the block. Kept up her one mile a day. One fine morning as she was walking, she just couldn't go further by herself. Her thoughts wouldn't stop. She kept wondering how she was supposed to manage on her own. She knew in her heart that John would get better, and she knew it was up to her to make sure that he had a home to come back to. She stopped that day at the playground where the young mothers sit and watch their children play. She watched the little ones on the swings as she sat on the bench, thinking hard about what to do. Thinking too hard, most likely. Out of nowhere a bouncy ball landed in her lap. Startled she looked up and saw a happy toddler chasing after it, and an apologetic mom chasing the toddler.

Mom tossed the ball to her daughter, and sent her back out to play. The women started talking as women do, about their children and then about their lives and then about their husbands. It turned out the young mother was suddenly single, her husband having left for reasons unknown. The young mother was determined that he wouldn't get away with it, he was not just going to walk away from the family. She hoped he would come to his senses and come back. The young mother confided to Daisy that she had filed a Petition for Support Unconnected with Divorce. The young mother said she didn't know if she wanted a divorce or not, but she was quite sure she needed to feed the children. It occurred to Daisy that maybe she could file that too.

Daisy went to the law library to try to find the answer. The law clerks were helpful, but she still wasn't sure. Then she went on the internet and found out a little more. It wasn't clear whether this process would work in her own situation. Daisy then discovered that her local legal aid society had a walk -in legal clinic once a month, where attorneys would answer legal questions free of charge. She went. And here is what she learned:

Help for the Stay-at-Home Spouse when their partner has to move into a nursing home:

When one of the spouses can no longer live at home and must be moved to an assisted living facility, memory care facility, or nursing home, they usually become Medicaid patients which means that the government will pay all of their living and medical expenses at the facility, but will take their monthly income as reimbursement. Many times, this can leave the spouse remaining at home destitute.

Florida allows a person to file a Petition for Support Unconnected with Dissolution of Marriage (with no Dependent or Minor Children), Form 12.904(b). This allows the couple to remain married, but can be used as a method to ensure support.

This form may be used if a dissolution of marriage action has not been filed, and the spouse filing the Petition is requesting alimony, more recently referred to as “spousal support”. This Petition, Form 12.904(b), does not address the issues of property or debts. It only deals with support.

The stay-at-home spouse can file this Petition, along with the other documents required by the State of Florida to be filed at the same time, and the final result of this action would be for the Court to enter an Order directing that the income of the spouse moving to a facility (presumably Social Security and any type of retirement income) would first be paid to the spouse that is left behind, still living in the home that they shared. Any additional amounts of monthly retirement income that are not “awarded” to be paid to the stay-at-home spouse would be taken by the government, but at least the stay-at-home spouse will be taken care of.

Daisy was elated at the discovery. She filed it through the courts and was awarded support. Some of John's check still went to the nursing home, but Daisy was awarded enough to carry on. She knew that John was coming home, and without this support, he would not have a home to come home to.

Co-authored by Gayle Coffman and Ruth Tick