Why FALDP?

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

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

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

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

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

BY AMANDA LITVINOV (3/2017)

Low knowledge of essential facts

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

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

Annenberg Public PolicyCenter, (9/2018)

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

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

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

According to the State ofTexas:

What is Legal Advice?

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

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

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

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

What is Legal Information? Clerks and court personnel may:

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

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

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

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

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

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

According to Find Law:

What Legal Advice Is

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

In a nutshell, legal advice has the following characteristics:

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

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

Examples:

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

Specific legal advice questions may include:

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

What Legal Advice is Not

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

Examples that do not constitute actual legal advice:

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

Specific legal information questions might include:

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

Confused yet?

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

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

Think about these scenarios:

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

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

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

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

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

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

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

5 Reasons Consumers Love Legal Document Preparers

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

The Discovery Process

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

The three most widely used discovery tools are:

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

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

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

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

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

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

RULE 1.340 INTERROGATORIES TO PARTIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RULE 1.370 REQUESTS FOR ADMISSION

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

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

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.    

Jurisdiction and the UCCJEA

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is a federal law that must be considered in all Florida child custody and child timesharing cases. The UCCJEA Affidavit states where the child has resided for the past five years; who the child resided or resides with; and whether there are any conflicting court orders from any other state or jurisdiction. A UCCJEA Affidavit must be filed along with a Dissolution of Marriage with Children; and any subsequent modification of time-sharing or custody.

There are two requirements under the UCCJEA for making or modifying a custody determination:

(1) the court must have a basis of jurisdiction under the Act, and

(2) the parties must be given notice and opportunity to be heard.

The UCCJEA's jurisdictional provisions vary, based on whether a case involves an initial custody or visitation determination; or modification of an existing order. 

Initial Jurisdiction

The UCCJEA establishes four bases for initial jurisdiction—

• Home State,
• Significant connection,
• More appropriate forum, and
• Vacuum jurisdiction.

Home State jurisdiction.

Under the UCCJEA, a court has home State jurisdiction if the court is located in the child's home State (when the proceedings begin) or if the court is located in the State that was the child's home State within 6 months of the proceedings' commencement and the child's parent (or a person acting as his or her parent) continues to live in the State even after the child has been removed. This extended home State rule allows a left-behind parent to commence a custody proceeding within 6 months of a child's removal from the home State.

Example. A 2-year-old child, born and raised in Florida, is abducted by his father before either parent has filed for custody. The boy and his father move to Georgia. The left-behind mother may file for an initial custody determination in Florida (which has home State jurisdiction) within 6 months of the child's removal. The child's absence from Florida does not deprive the State of jurisdiction. If the father commences a custody proceeding in Georgia while Florida is the child's home State under the UCCJEA, the mother can seek dismissal of the Georgia proceeding based on lack of jurisdiction.

Significant connection jurisdiction.

When a child has no home State or when a home State declines jurisdiction, another State court may exercise jurisdiction if the child has sufficient ties to the State and substantial evidence concerning the child is available in the State. A child need not be physically present in a State for the State to exercise significant connection jurisdiction. More than one State may have jurisdiction on this basis, but only one State may exercise jurisdiction. The statute resolves the conflict in favor of the first-filed proceeding. However, the courts are required to communicate, and the court in the State of the first-filed proceeding may defer to the court in the second State following judicial communication.

Example. A father and his child go to visit the child's paternal grandparents in Colorado. The father is reminded of the beauty of the mountains and decides not to return to Florida, where his marriage had been faltering and his job prospects have dimmed. The family had been living in Florida for 4 years. Within 2 months of his arrival in Colorado, the father files for custody there on significant connection grounds. The Colorado court lacks jurisdiction and may not proceed to the merits of the case unless Florida, the child's home State, declines jurisdiction in favor of Colorado. However, if the mother does not commence a custody proceeding in Florida within 6 months of the child's removal, Colorado becomes the child's home State and the Colorado court may then exercise jurisdiction and decide custody.

Example. A mother and father are high-tech professionals who have moved frequently during the previous several years to work for Internet companies. After 4 months in California, the father leaves the mother and their infant and returns to Florida, where the family had lived for 5 months preceding their move to California. The infant has been in daycare and has pediatricians and relatives in both States. The father's cross-country move prompts the couple to assess the viability of their marriage, and they decide to divorce. However, they cannot agree on custody, and the mother and father simultaneously commence separate custody proceedings in California and Florida. The parents have not lived in any State long enough for their child to have established a home State. Both California and Florida arguably have significant connection jurisdiction, but under the UCCJEA only one of them should exercise it. If a court learns from the required pleadings that a proceeding has been commenced in a sister State, the court is required by the UCCJEA to stay its proceeding and communicate with the other court to decide which proceeding should continue. If they cannot agree, the court with the first-filed case may move forward and the other court should dismiss its proceeding.

More appropriate forum jurisdiction.

Under the UCCJEA, a third basis for initial jurisdiction exists when both the home State and significant connection State(s) decline jurisdiction in favor of another, more appropriate State on grounds of inconvenient forum or unjustifiable conduct.

Example. The parents of a 10-year-old girl are separated but have not filed for custody. Pursuant to her parents' informal agreement, the girl remains with the father in Florida, where she goes to school. She spends the majority of her time with a housekeeper because her father is frequently out of town on business. The child spends one weekend a month in West Virginia with her mother. Because the mother works a night shift involving frequent overtime, many of the girl's weekend visits are spent at the homes of friends in her mother's neighborhood. Both sets of the child's grandparents live in Maryland. The father plans to move to Maryland at the end of the school year so the child can go to her grandparents after school, and he has a contract to purchase a house in Maryland when the school year ends. However, before the move, the father becomes increasingly concerned about the mother's absence during the child's visits. He files for custody in Maryland. Based on these facts, it is conceivable that courts in the District of Columbia (the child's home State) and West Virginia (a significant connection State) might decline jurisdiction in favor of Maryland, the child's soon-to-be home State. A decision to decline jurisdiction is discretionary and fact dependent.

Vacuum jurisdiction.

The UCCJEA provides that if no court has home State, significant connection, or more appropriate forum jurisdiction, an alternate court may fill the vacuum and exercise jurisdiction over an initial custody proceeding. This provision would apply to situations in which children fail to remain in any State long enough to form attachments (such as - homeless children, children of migrant workers or military personnel, or children sent from relative to relative for temporary care).

A UCCJEA Affidavit must be filed in every Florida Dissolution of Marriage with Children; and all subsequent modifications of time-sharing or custody. 

Mediation - What to Expect

What to Expect

You and the other parties in your case will sit down together with the mediator in an informal, conference room setting. The mediator will begin by explaining the mediation process and will answer any questions you may have. Each side is given an opportunity to express their concerns and talk about the case from their point of view. During the negotiation process, the mediator helps the parties clarify what the issues are and consider possible ways to resolve their differences so that an agreement can be reached. There may be a time that the mediator speaks to each party privately. These are called “caucuses” and are confidential discussions between the mediator and the individual party. At the end of the mediation conference:

• The parties may reach an agreement on all of the issues in their case. This is produced in a written document and submitted to the judge for approval. Once the judge approves your agreement, it becomes a binding Order of the Court and your case is officially settled.
• The parties may come to an agreement on some, but not all, of the issues. This partial agreement is also produced in writing for the judge’s approval and the remaining disputes in your case will be decided by the Court.
• The parties may not agree on any of the issues, which is called an “impasse”. Your case will proceed through the normal judicial process and be decided by the Court.

Is mediation confidential?

Yes. Mediation is privileged and confidential, with certain exceptions which are noted in Chapter 44 of the Florida Statutes. One reason why mediation is so successful is that people are able to talk freely about their concerns, understanding that what they say cannot be used against them in court. Your discussions during mediation cannot be divulged to outside parties, including the judge. If you are unable to reach an agreement, the mediator simply reports this to the judge without commenting any further on your case. Judges are not informed of the reasons for an unsuccessful mediation and do not hold this against the parties. 

Note: Written agreements produced during mediation are submitted to the judge for approval and become part of the case file. Like most other court documents, these agreements are “of public record” unless otherwise ordered by the judge. 

Framing the issue(s) for Mediation

One very important step is for the parties to agree on what they disagree about.  That sounds obvious, and easy, but that’s not always the case, and at the rates you may be paying a mediator, you want to start out with both parties and the mediator clearly understanding the dispute question. 

For example, consider the case of the real estate broker who contracted for the exclusive right to sell a homeowner’s residence for six months.  The broker advertised the home for a couple of months, but didn’t find any interested parties.  Thereafter, the broker didn’t do any more advertising, and the homeowner got disgusted and agreed to sell the home to his brother-in-law for a reduced price.  Then the real estate broker told the homeowner that he was owed a commission because the home sold.  What is the issue to be mediated?

There are many possibilities, but one way of phrasing it could be:

(1) Is the broker entitled to a commission because the home sold, even without his help?

….and possibly…

(2) Does the failure of the broker to continue to market the property serve to void the contract so that the homeowner is not obligated to pay the commission? 

It’s easy to see that the mediation could focus on a discussion of many things, but an agreement on the disputed issue will help all parties and the mediator focus efficiently on the fundamental question.

Preparing for the Mediation meeting

As a party in mediation, it is to your advantage to be as prepared as possible for a mediation meeting.  That meeting is your best opportunity to work out an agreement that works to your advantage, and it is the last best chance to control the outcome.  If the mediation fails, you and the other party will both be subject to the judge’s view, and no one – not you, not your attorney, and not the mediator – will know what the judge or even a jury will do with the case. 

One way to prepare is to start out by asking yourself: 

“Where would I like to be on this issue a year from now?”

“What benefit do I achieve if my position prevails?”

“What detriment do I incur if the other side’s position prevails?”

The next step is to assemble your “evidence” about why the case should be decided the way you wish…why you should win.  Remember that the mediator will not know the case, and you’ll have to carefully “tell the story”.  However, the purpose of that is not to convince the mediator – remember that the mediator does not decide the case…the decision is made by the parties.   The reason you have your evidence is so that the other party can see the best argument about why you may win.  After all, if the other party isn’t afraid of losing, why would he or she agree to a settlement that gives him or her less than everything asked for?

In a sense, the opening moves in mediation are for you to show your strength to the other party – why you believe you’ll win.  Then the other party does the same to you – showing you the best reasons why you’ll lose.   Once each side has seen the “best shot” of the other side, the parties will have a better idea of how the case might unfold in a court case, and the more likely a settlement.

In one sense, then, the willingness of the other side to settle is driven by the fear that side has of losing, and the same goes for you – your willingness to settle at mediation is directly related to how likely you think it is that you will lose, or how much you fear what will happen if you do lose.

The other goal is to really, seriously think through how you could compromise.  In my experience of

mediating, there has never been a situation where one side explained his case, and the other side jumped up and said, “You’re right!  I am so wrong!  I give up!”  That won’t happen.  So what you have to be prepared to do is give the other side something better than a complete loss. 

For example, if you own a car, and you take it to an auto engine repair shop to have the engine fixed, you may get your car back with the engine not running any better and you may refuse to pay the bill for $1,000.  The auto engine shop prepares to sue you.  What can you lose?  The $1,000.  What can you gain?  Not having to pay anything because the engine is no better. 

Are you sure you’ll win?  No.  Is the other side sure he’ll win?  No.  You might put forward to him your reasons why you think you’ll win, but after you hear his reasons why you should have to pay, you may recognize that the judge may agree with him, and if there is a 50-50 chance of that happening, it may make sense to take the safe bet and offer to pay the other side, say, $400.00.  The other side may think that he has a good case, but recognizes that if the car is not running better, the judge may agree with you, and he may be willing to settle for $600.00, reasoning that getting $600 is better than getting nothing.  So it’s to your advantage to prepare your case well, but to know what you’d be willing to settle for to close out the case and not risk having to pay the entire $1,000. Keep that in mind what your goal is in preparation – prepare to win, but assess the value of settling.

Conducting the Mediation

Appearance by parties. For court-ordered mediation, the parties must appear when scheduled by the court. 

Court Rule 1.720 (b) Sanctions for Failure to Appear provides that if a party who has notice fails to appear at a mediation conference without good cause, the court, upon motion by the other party, shall impose sanctions, including an award of mediator and attorneys’ fees and other costs, against the party failing to appear. Unless stipulated by the parties or court to the otherwise, parties are physically present when:

• The party is present
• The party’s representative having full authority to settle without further consultation
• The party’s counsel of record

Now that you’ve identified the mediator, a mutually-agreeable time and place will be established.  If it is court ordered, it may not be mutually agreed, but decided by the court.

Mediation procedure and confidentiality.

When the parties are seated, the mediator will explain that the proceedings are confidential, and what’s discussed in the mediation can’t be brought up later.  That means that if the other side makes an offer to settle the case for $400.00, you can’t say to the judge (assuming that mediation fails), “Well judge, he OFFERED $400.00 in mediation.”   Florida Statutes 44.102(3) provides that a party in a court-ordered mediation proceeding can assert a privilege to refuse to disclose, and to prevent any other person present at the session from disclosing, communications occurring in the mediation. The only part of a mediation that is permissible to disclose is the written agreement to mediate.

Rule 1.720 (d) provides that the mediator shall at all times be in control of the mediation, and the procedures to be followed in the mediation.  Attorneys representing clients who are parties can be present, but the mediator is in control.  Counsel for the parties shall be permitted to communicate privately with their clients, and if present in the mediation, will normally speak for the client.  In the discretion of the mediator, and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by court.  However, from a practical point of view, most mediators will not move forward if a party’s attorney has left the room, unless prior arrangements have been made with the party and his or her attorney.

The mediator will ask the party bringing the complaint to explain his side of the story.  That doesn’t typically mean that the party should explain every little detail, but rather that the party should give the mediator an overview of the case from the party’s perspective.  The other party should sit quietly and not interrupt – that party will have its turn to correct any errors or misstatements by the first party later. 

The other party will then have the opportunity to tell the other side of the story.  Both parties can provide copies of contracts, repair orders, bills incurred, photos, etc. but the mediator may or may not want to see them – remember that the mediator will not be making the decision, if a decision is made.  

After these opening statements, the mediator may ask questions, or may ask that one party leave the room so the mediator can talk with the other party privately.  This is referred to as a “caucus”.  The mediator may then want to talk to the other party privately, or may not.  Any caucus discussion is confidential too, and can’t be disclosed to the party who was not in the caucus unless the party in caucus agrees. 

Sequestration of Parties. The parties may be kept separate, and never see each other again in the proceeding, or they may be brought back to the table.  Generally speaking, business mediations tend to be unemotional, but in emotionally charged mediations, like a divorce or child custody case, it may work best to keep the parties in different rooms, with the mediator shuttling back and forth between the parties.

Agreement, partial agreement, and Impasse

If the parties don’t reach agreement, then the plaintiff or complainant (the one bringing the case up in the first place) can proceed to take legal action, if he or she chooses to do so.  Rule 1.730(a) provides that if the parties do not reach agreement on any matter in a court-ordered mediation, the mediator will report the lack of agreement (impasse) to the court without comment or recommendation. 

Note that if there are three issues in the mediation, and there is resolution of two of the issues, the parties may agree that the three issues are independent or inter-dependent.  If the three are independent, then the mediation has resolved two of the issues, and only the third issue will be returned to the judge for a court decision. 

However, if the parties cannot agree that the three issues are independent, then there is deemed to be NO agreement, and all three issues are returned to the judge, with annotation that there is no agreement, and the judge will rule on all three issues.

If there is agreement, then it has to be implemented. A mediation can be conducted on a given day, and if not completed, it can be continued to another day mutually convenient to the parties.  However, Court Rule 1.710(1) Completion of Mediation provides that mediation must be completed within 45 days of the first mediation conference unless extended by order of the court or stipulation of the parties.

Implementing the mediated Agreement

If the parties have reached agreement on what will resolve the dispute, the mediator will help them write an agreement.  It’s important to have the mediator’s assistance on this so that the wording is clear and it doesn’t leave important questions unanswered.  For example, if the parties agree that defendant will pay plaintiff $10,000,

• When is it to be paid? 
• Where? 
• Is a check OK or not? 

Does the $10,000 settle “all issues arising out of or in connection with the dispute”, or can a party

bring another action on some unsettled aspect of the dispute? 

The agreement can result in a party returning goods, or paying money to the other party, or can require a party to do something, or stop doing something.  All this needs to be spelled out, along with when the agreed action must be completed, and what the completion consists of.  For example, if the agreement is that the car owner will return the car to the dealership and get money refunded, is the car owner liable for the miles on the car and have his refund reduced by the number of miles driven, or does he get all his money back?

Enforcement of the mediated Agreement

Once the agreement is signed, it is a contract between the parties, and is enforceable so long as the actions agreed to in the mediation agreement are legal and possible to be performed.  If the agreed actions are not taken by the parties by the agreed time, the aggrieved party can bring an action in court to enforce the agreement.  Basically, this means that the issues in the original case are no longer relevant in most instances, and the judge won’t look to see what the agreement was about.  The judge will merely note that there is an agreement to do certain things and that a party has breached the agreement, resulting in a court order for the party to perform, or for the breaching party to pay money damages for not performing.

*This article was in my files, I did not write it. I would be happy to give author credit, but I don't know where this came from. I don't mean to plagiarize, I don't know who wrote this, but I think it is good information well worth sharing.

Access to Civil Justice - Florida Supreme Courts

A conference call was held today (3/11); and two more are scheduled for this week. These are open to the public, and actually fascinating. I will be writing up my notes from today's conference call and including them in the FALDP Newsletter which is published mid-month every month.

A second conference call was held on 3/12 which focused on funding. I was able to listen to a short portion of it. If you were on the call, please comment as I would love to know what I missed.

The next call is tomorrow. Again, I don't know if I will be on the call, please listen if you can.

The Florida Commission on Access to Civil Justice: Access to and Delivery of Legal Services

DATE AND TIME: Friday, March 13, 2015, 3:00 p.m. Eastern time

PLACE: To hear the meeting please dial 1-888-376-5050 and enter the following participant pin: 3422772243#

GENERAL SUBJECT MATTER TO BE CONSIDERED: The agenda focuses on discussing Florida funding in relation to other states as well as other Commission's funding strategies and accomplishments to date.

A copy of the agenda may be obtained by contacting: Francisco-Javier Digon-Greer at 1-800-342-8060 ext. 5793 or email: flaccessjustice@flabar.org.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Francisco-Javier Digon-Greer at 1-800-342-8060 ext. 5793 or email flaccessjustice@flabar.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 

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.

Pre-Crime and UPL

Remember the 2002 film "Minority Report" directed by Steven Spielberg and starring Tom Cruise? Set in 2054 Washington D.C., the movie's premise was that three people with clairvoyant powers, called "Pre-Cogs" could predict crime down to the who, what, and where. Tom Cruise's character, John Anderton was in charge of the Pre-Crime Unit and believed wholeheartedly in the system's flawless accuracy. Until one day, one of the Pre-Cogs predicted that he would murder someone within the next 36 hours.

It's a riveting film that raises multiple questions about the dark side of predictive analytics. Police departments are currently testing programs that predict where crimes may occur. According to a May, 2014 article in CNN Tech by Heather Kelly, the program appears deceptively simple.

"A map of a city is marked up with small red squares, each indicating a 500-by-500-foot zone where crimes are likely to take place next. A heat-map mode shows even more precisely where cars may be stolen, houses robbed, people mugged.

The program is called PredPol, and it calculates its forecasts based on times and locations of previous crimes, combined with sociological information about criminal behavior and patterns. The technology has been beta tested in the Santa Cruz, California police department for the past year, and in an L.A. police precinct for the past six months, with promising results."

We intuitively use predictive analysis daily by making personal and business decisions based on the past. We also encounter multiple instances of predictive analytic algorithms as we navigate through life. Did you see those suggestions after you chose a Netflix film? Based on your past behavior the software generates suggestions that seem to meet your criteria. Predictive analytic models were used to predict and assess future risks in marketing mortgage backed securities. These models became more and more complex as the developers attempted to control for unknown variables. The Netflix suggestions are rarely 100% on point. And, we only have to look back to 2008 to realize that despite all the analytic models controlling for all possible unknowns; and all the king's horses and all the king's men, Humpty Dumpty still fell off the wall. The analysts failed to know all the unknowns, and failed to foresee other circumstances that finally proved their analytic models unsound. In the housing market crash, the models did not foresee that so many homeowners would default on their mortgage payments at the same time.

Florida legal document preparers encounter a special type of predictive analytics perpetrated by and through the Florida Bar UPL Committee. Most of the letters sent to document preparers upon the opening of a Florida Bar investigation about their engagement in the unauthorized practice of law, begin: "you may be engaging in the unauthorized practice of law". The basis for the allegations are more like the methods used by the clairvoyant Pre-Cogs than based on any actual past behavior. In fact, only a small percentage of UPL complaints are initiated by consumers. The lion's share of UPL complaints, in Florida at least, are initiated by attorneys or the Florida Bar UPL Committee itself. Consumer harm rarely seems to come into the picture, rather, vague assertions that are all the more sinister for their failure to even allege consumer harm are common.

A May 2014 article by Tom Gordon of Responsive Law, summarizes a recent follow up of a 1980s study of UPL by Stanford Law Professor, Barbara Rhode, Gordon states:

"Courts are also complicit in the pro-lawyer, anti-consumer bias found in UPL cases. Rhode’s article shows that courts adjudicating UPL cases rarely considered whether people were hurt by alleged UPL, much less how they were hurt. Only about a quarter of reported cases discussed public harm when litigated, despite the bar’s continued statements that UPL exists to protect the consumer. In the court cases where it was mentioned, public harm was used only to aid in determining a penalty, rather than to discuss how UPL harmed the consumer in question. Thus, even if UPL restrictions are intended to protect consumers, courts are not applying them for that purpose. 

Cases that are litigated under UPL restrictions can also include legal services rendered which were actually helpful to consumers. Regardless of whether or not the person offering legal services provided a useful or even desperately needed service, he/she can be penalized under UPL restrictions. If these rules existed to protect and aid legal customers, as the bar states, a legal service that was helpful to the person receiving it should not be litigated under UPL. Yet Rhode found evidence supporting the lack of interest in interpreting UPL cases from a consumer point of view—only 11 percent of the UPL cases discussed whether or not the violation in question had met an important public need. The UPL services in question may have actually benefited legal consumers, but the bar and the courts chose to ignore the interests of the public.

One of Rhode’s conclusions is that “[a] more consumer-oriented approach would also vest enforcement authority in a more disinterested body than the organized bar.” The bar may state that UPL litigation is aimed at protecting the consumer, but Rhode’s article proves that this is a tired statement without much substance. While the bar may have become more adept at selling this argument, it’s no more true than it was when Rhode first studied the topic three decades ago". 

Florida publishes forms for pro se litigants to use to file family law documents. However, those forms and their instructions confuse and confound many consumers. Florida legal document preparers fill the void by preparing those documents for consumers. The Florida Association of Legal Document Preparers - www.faldp.org promotes and supports consumers and Florida legal document preparers.

What is FALDP?

Founded in 2010, we offer Florida legal consumers education, legal information, and services. We are also a voluntary trade association for Florida legal document preparers, with around 100 members statewide. Our website provides a wide array of information and resources for Florida pro se litigants, including articles, Self-Help Guides, Supreme Court approved family law forms, and online courses. Consumers can search our Member Directory to find a document preparer who provides the needed service. Our members prepare documents for family law, small claims, bankruptcy, and many other areas. Some document preparers conduct business in the traditional way - in a storefront location or office - while other document preparers are completely virtual - conducting business only over the phone and over the internet. Prospective members must submit an application and meet standards prior to joining.

Two pages have recently been added to www.faldp.org - Compliance - where consumers can complain if they feel they have been harmed by a document preparer. And, another page - Recognition - where consumers can offer feedback when they receive effective assistance from a member of the association.

Florida legal document preparers fulfill a consumer need.