Proudly Serving the Under Served

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

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

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

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

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

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

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

Please complete our FALDP Pro Se Survey. Thank you!

Fl

orida Association of Legal Document Preparers

27 Barriers to Legal Access & 11 Possible Solutions

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

- Gov. Roy Barnes, 2004 Equal Justice Conference

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

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

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

27 Barriers to Legal Access

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

Eleven Possible Solutions 

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

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.    

A Day in the Life of a Miami Pro Se Litigant ...

Dealing with Miami-Dade County Family Court — 
It just got harder for the Pro Se

Guest Post by Elisa Epstein

Pro Se litigant’s dealings with the Miami Dade County Family Court system has never been more difficult with the recent hiring of court’s supervisors who make every effort to push Pro Se litigants through the “self-help” desk located on the 24^th floor. Try to “bypass “the “self-help desk” and simply file your documents directly with the clerk and you will be met with the recently hired filing’s “police”. This new crop of supervisors stand, both literally and figuratively, between you and the filing clerks.

These supervisors will insist you disclose your matter on command in front of whatever audience happens to be waiting in line, and, tell you that as a Pro Se you must first go to the “self-help” desk. If you tell them you don’t want to use “self-help”, they will then try to intimidate you by telling you that the filing clerks are trained now to reject and red-stamp a Pro Se filings no matter how correctly the forms are filled out.

The unwitting and unfortunate Pro Se who bends to this tyrannical attitude and retreats to the” self-help” program will be given a new set of burdens and hardships-- there is the long line in the dingy, crowded, windowless room, fees for form “packets” (forms which are easy accessible and FREE from the Supreme Court website), and, additional filing fees for modifications to prior judgments. But worst of all, for the anxious litigant wanting to quickly resolve their matter, the several week or more delay to have your case heard while the “self-help” division processes your forms.

So why is Dade now insisting on “self-help” for Pro Se Litigants? The city will insist it’s helping the public by making the court more efficient and accessible for the public. But when you look at the revenue stream the city generates from the “self-help” desk from form packet , extra filing fees, use of their own notaries etc., one easily wonders if the “self-help” desk is really there to serve the public, or whether it is just another revenue stream for the city.

So what’s a Pro Se to do with all this “self-help”?

There are two possible ways to go about it-- use the e-filing system (which the clerks will swear only exists for attorneys or, stand your ground and file your documents directly. When you actually make it to the clerk, usually they will be helpful and answer some questions you might have if they happen to know what they are doing. I’d highly suggest passing any important questions through more than one clerk.

The advantage of e-filing is fairly obvious—no potential harassment, no travel, no parking fees. But filing in-person has its own distinct advantages. When you file in-person, you can get certified copies of your documents that lists the date of filing (for a few bucks). Having certified copies puts a little additional pressure on the clerks to actually file your documents, file them in a timely fashion and gives you an established, undisputable record with the court.

If the supervisor tells you your docs will be rejected because you are pro se, smile, accept their frown, and politely tell them that you will keep coming back until the documents are correct. This is basically the last thing they want to hear.

Whether you chose to E-File or file in-person, your case should pop up for hearing in a few weeks

Dade… thanks for the “self-help”, but no thanks.

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. 

How the Judge decides child custody.

Have you ever wondered what factors Florida family court judges weigh in determining how to decide child custody cases? It isn't which parent the judge likes the best. And it isn't always the mother. Years ago, Florida had what is called a "tender years doctrine" which said that the courts should give preference to the mother in child custody cases, when the children were young. That doctrine has not been used for many years, now the courts must rule in the best interests of the child or children in all family law matters. Following is the a through t list in the Florida Statutes.

61.13 Support of children; parenting and time-sharing; powers of court.—

(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Pro Se Empowerment

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

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

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

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

Henry David Thoreau, in Civil Disobedience wrote:

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

—Thoreau,

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

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

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

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

FALDP Conference Update - 9/13/14 - Conference Info, Specials, and More

The Florida Association of Legal Document Preparers is now well into our fourth year! Formed in May of 2010, this trade association continues to grow, adding new members, and assisting pro se litigants statewide. FALDP - Empowering the People.

The Florida Association of Legal Document Preparers – FALDP – is proud to announce our Fifth Annual Conference. This year we are hosting our conference In Daytona Beach, Florida - "The World's Most Famous Beach" on Saturday, September 13, at the Fountain Beach Resort, located at 313 S. Atlantic Avenue, Daytona Beach.

Since our last press release many exciting plans have come together.

CONFERENCE AGENDA

9:00 - Ruth Tick, Director - Introduce the Day; FALDP Mission;

Morning Break

10:00 - Guest Speaker - Frank S. Adamo, author and motivational speaker -“Discover the 3 Top Secrets to Smartly Achieve your Goals,”   - followed by discussion

11:00 - Guest Speaker -Circuit Court Judge John Alexander, Seventh Circuit Administrative Judge who oversees family court judge in the Seventh Judicial Circuit ~ "What Florida family law judges want pro se litigants to know."

12:00 - Lunch - provided by FALDP at no charge

1:00 - Ruth Tick - Guided Discussion - Serving the Under Served and Finding your Niche in the Marketplace

2:00 - Guest Speaker - Jennifer Milne, Esquire "Pro Se Empowerment ... The Thing That Keeps Attorneys Up at Night"

Break

3:00 - Ruth Tick - A Look Ahead - New Developments, Opportunities, and Courses

4:00 - Awards, Prizes and Giveaways

FALDP Trivia ~ Business card drawing ~  Who traveled the farthest prize ~

Member of the year award ~ And more!

Please visit our Conference Info Page for more detailed information about our conference.

SPEAKER'S BIOS

Guest Speaker ~ Circuit Court Judge John Alexander

Circuit Judge John M. Alexander was elected to the bench in 1996. He earned an undergraduate degree from the University of Florida and a juris doctor from Ohio Northern University. His past judicial assignments include criminal, civil, probate, juvenile and domestic relations. The administrative judge for St. Johns County, Judge Alexander currently presides in the unified family court at the Richard O. Watson Judicial Center in St. Augustine. In addition to being the administrative judge for St. Johns County, he also serves as the administrative judge for all the family law judges in the entire 7th Judicial Circuit.

Guest Speaker ~ Jennifer Milne, Esquire

Jennifer H. Milne, attorney-founder of South Florida Legal Rescue, LLC.  attended the University of Hawaii Richardson School of Law and is licensed in two states, Hawaii and Florida.  She is also a member of the Florida Bar Family Law Section.  The primary goal of SFLR, LLC is to protect the parental rights of both fathers and mothers who are threatened with losing time-sharing/custody of their children.  Her practice and approach with child time-sharing/custody cases has been distinctly shaped by her own personal experience. Several years ago, she and her husband fought for custody of her stepson.  Like too many parents out there, her husband was unjustifiably denied access to his child for months.   Absent exceptional circumstances, Ms. Milne strongly believes that a child needs both parents.

Guest Speaker ~ Frank S. Adamo

Since 2002 Frank S. Adamo has been receiving enthusiastic reviews for his workshops, presentations, coaching and training in the United States and as far away as Georgia in Eastern Europe and Indonesia in Southeast Asia.

Frank is a communications skills specialist; an international instructor, trainer, and coach; a published author of 31 Tips to Becoming an Effective Presenter; a contributor to three books, Discover your Inner Strengthswith Brian Tracy, Ken Blanchard, and Stephen Covey; Yes You Can! with Dr. Warren Bennis and Jim Rohn; as well as Heart of a Toastmaster; and a writer of several articles.

He completed his latest book this year, Smartly Track your Goals to Superior Achievements with Ease. Frank began this book because he had a heart attack and stroke in January 2011 which prevented him from achieving most of his goals for that year. During the process of completing his book, Frank discovered three secrets to getting back on track and achieving his goals. Frank is now available to reveal these top secrets in a presentation called “Discover the 3 Top Secrets to Smartly Achieving your Goals.”

Amazing Conference, Online Courses,and Membership Specials

~~~ New Membership/Conference Special~~~

Amazing Special #1: We still have space for more dedicated document preparers at our Fifth Annual FALDP Conference. Special Offer for New Members ~ only $125 ~ for the Conference Fee & Annual Membership Fee combined. This represents a $25. savings, off of our regular $75. membership + $75. conference fee. Our Fifth Annual Conference is a full day event on September 13, in Daytona Beach, Florida.  Please visit our conference page for more details. This special will continue as long as we have space available in our meeting room; we expect to run out of seats around August 15. So hurry!

~~ Three Course Bundle = FreeConference + Free Membership ~~

Amazing Special #2: Three Course Bundle includes conference fee and membership at no additional charge - savings of $150+. Our course bundles represent a per course savings already, and with this amazing special, you can save even more. Our three course bundle is $459. - choose any three of our online courses.

         Courses include:

• Parental Responsibility
• Debt Defense
• Post-Conviction Document Preparation
• Introduction to Preparing Florida Legal Documents
• Immigration
• Becoming a Successful Landlord Landlord/Tenant
• Preparing Florida Divorce Documents
• Living Trusts & Estate Planning Document Preparation
• Bankruptcy Basics - Chapter 7 Personal Bankruptcy

Graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents most needed by pro se litigants. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task. It is common for a consumer to purchase a forms packet from the clerk of court, only to put it aside in frustration, and then seek out a legal document preparer for help.

~~~~~ Turn Key Bundle includesConference ~~~~

Amazing Special #3: The Turn Key Business Bundle always offers an expansive package of business services. The FALDP Turn Key Business Bundle always includes annual membership -- but now and until further notice -- also includes free entry into the Fifth Annual Conference on September 13, 2014 in Daytona Beach, Florida. The Turn Key Business Bundle, for a flat price of only $499. offers all of the tools you'll need to start a legal document preparation business. Can't find a job? Create one!

The Florida Association of Legal Document Preparers is at the forefront of helping consumers access the legal system, empowering consumers to pursue their cause or defend themselves. We proudly serve the under served. If you're a document preparer and want to be part of something bigger than all of us, join our association and attend this important conference.

Contact

staff@faldp.org

800-515-0496

FALDP Webinar - E-filing for Pro Se Litigants

The public is invited to our FALDP Webinar scheduled for July 12, 2014 at 11:00 EST. 

Register Here:

FALDP Webinar 7/12/14 - E-Filing for Pro Se Litigants

Saturday, July 12, 2014 11:00 AM - 12:00 PM Eastern Time

As of June 21, 2014, pro se litigants are able to e-file their court documents. Attorneys have been able to e-file for some time, and we hope this change will increase pro se litigant's access to the court system. Join us for this important webinar. If you have already e-filed documents please attend to share your experience. We plan to show the 25 minute tutorial and then have open discussion. We wonder, what about local rules? What about missing forms? What about local forms? Bring your questions. We don't have all the answers, but we'll help if we can. Some document preparers are already assisting their customers in e-filing. 

Please contact me with any questions about the webinar.

Ruth Tick and the FALDP Team

800-515-0496

www.faldp.org

FALDP - Empowering the People

E-Filing for Florida pro se litigants - Be Careful What you Wish For.

As of June 21, 2014, Florida pro se litigants can e-file their court documents in all counties and circuits throughout the state. E-filing has been in place for attorneys for some time, and this move may level the playing field for pro se litigants. Or it may prove to be yet a new barrier to court access. Only time will tell.

In the past, pro se litigants have struggled to meet the requirements of court filings. A few circuits have active pro se help desks that benefit consumers by making sure that their documents are complete and correct. However, in many other circuits pro se litigants' access to the legal system is effectively obstructed by clerks of court who reject pro se litigants documents for errors or missing forms. It remains to be seen how this will play out with e-filing.

Even worse, in the past, pro se filings sometimes languish in legal limbo due to a deficiency. Frequently, pro se litigants experience immense frustration when dealing with the court system. Consumers are often met with a non-answer from a court clerk - "We are prohibited from giving legal advice". Fair enough, however, when the clerks select forms for pro se litigants by refusing to accept their documents for lack of a form, is that not also legal advice according to the Florida Bar UPL rules?

I don't mean to sound negative, and am trying to keep an open mind. Any step forward in court access for consumers is a good thing. I only hope that the automated e-filing system doesn't create additional barriers. To learn more about e-filing for pro se litigants go to www.myflcourtaccess.com.

If you have already used the pro se e-filing system, please comment.

The Pro Se Courtroom Experience

Picture yourself playing a three tiered chess game for the first time against an experienced opponent. Simultaneously you are playing poker against another experienced opponent, who bluffs and cheats. Loud music throbs in the background, heavy metal, rap, or whatever you don't like. Screaming children run in and out. The room is too cold or too hot and dimly lit. The stakes are perilous. If you lose, you could lose your house, your children, your money, each one, or all at the same time. Unfair? Uncomfortable? You bet. This can be the pro se courtroom experience. On top of all that, the judge speaks a different language, doesn't speak directly to you at all, doesn't allow you to speak, instead speaking in that different language and only to your opponents.

You came in to court for a dispute which you thought would be fairly decided by the judge. In your naive fantasy, you imagined the judge as a benign super hero ready and waiting to sort out the dispute and see through the lies the other party spews. Sometimes it works out that way, sometimes not. Sometimes, whoever tells the best lie wins.

So how to prevent this scenario? The obvious answer, is do not represent yourself in court. Hire an attorney. However, this is not possible for many. According to the Florida Bar's Economics and Law Office Survey completed in 2012, only 35% of the attorneys who responded stated that their hourly rate was less than $200. And 24% of the responding attorneys stated that their hourly rate is over $300.. And the trend for the years 2005 through 2012 tells a bleak story for wage earners:

Florida Real Median Household Income Trends since 2005

The current median household income for Florida is $45,040. Real median household income peaked in 2007 at $52,938 and is now $7,898 (14.92%) lower.

Real Median Household Income: Florida, National

Household income often assumes there are two wage earners, but we cannot be sure from the statistics given. And we also can't be sure of the family size, this could be a single wage earner, a one person household. Or a family of any number with only one adult working; or a two income family with no children. We don't know from these numbers. What we can glean is that, since the median household income in 2012 Florida was $45,040.; that works out to $865.000 per week gross earnings; and around $634.00 net. Which in turn works out to less than $16.00 per hour net, based on a forty hour week. And the wage earner is up against the decision regarding whether to eat and pay the bills or pay an entire week's check for around three hours of an attorney's time.

Crunching the numbers its easy to see that the decision to self-represent is dictated by daily survival. I encourage consumers to educate themselves as much as possible. And while non-lawyer document preparers may not offer legal advice, legal document preparers can offer information, and explain procedure and time lines to consumers. Document preparers can also prepare the documents thoroughly and professionally, and if nothing else the pro se litigant's claim is down on paper in court filings in black and white.   

10,000

I know in the big picture, 10,000 hits isn't much. However, this blog just surpassed 10,000, and I want to say thank you for your interest. I try to keep my content relevant. You, my readers, are made up of document preparers, customers, pro se litigants, and people who still believe that America is a great country. Lots of flaws, lots of warts, but great all the same. Thank you for your readership and comments. I receive some emails from individuals thanking me a for a good read. And believe me that means a lot. Writing a blog like this is like shouting into the dark and hoping for an echo.

THANK YOU.

"...no exalted villains above the control of our laws ..."

The Wisdom of Native Americans

Vs. American Law

“In the government you call civilized, the happiness of the people is constantly sacrificed to the splendor of empire. Hence the origin of your codes of criminal and civil laws; hence your dungeons and prisons. We have no prisons; we have no pompous parade of courts; we have no written laws; and yet judges are as highly revered among us as they are among you, and their decisions are as much regarded. We have among us no exalted villains above the control of our laws. Daring wickedness is here never allowed to triumph over helpless innocence. The estates of widows and orphans are never devoured by enterprising swindlers. We have no robbery under the pretext of law.”

• Joseph Brant (Thayendanegea) Mohawk
  

Upon reading the above quote I was struck by its simple truth. This quote is oh so relevant today. Even in our challenged economy, we have a legal system that is heavily weighted in favor of those who can afford attorney's fees.

The next to the last line -- “The estates of widows and orphans are never devoured by enterprising swindlers.” -- decries usual events in America. My mother’s lawyer charged her estate $8,000.00 to probate one asset -- her homestead, valued at just $125,000.00. No court hearing was required. The Petition for Summary Administration was filed at the same time as the proposed Final Judgment of Summary Administration. The probate forms were typed in one sitting and filed with the clerk’s office in one filing. My mother’s estate paid her lawyer $8,000.00 for typing. There was no will contest, no family controversy. Our “civilized” legal system allows lawyers to exorbitantly bill legal consumers.

I am readily reminded of the cost of divorce when reading the last sentence of Chief Brant’s quote, -- “We have no robbery under the pretext of law.” If divorcing parties can agree, becoming divorced is, once again, a typing task and one brief hearing before the Judge -- simple. But all too often divorce does not happen “simply”, When one party retains an attorney; the other party must follow suit for simple self-preservation. Each party retains an attorney, with retainer fees starting at $2,000 each and quickly escalating from there. If the parties agree; and sign a Marital Settlement Agreement, then the final hearing occurs. However, most often, once attorneys are involved, the parties’ “agreeing” does not happen quickly or simply. Once the parties agree, the attorneys’ billable hours must cease. No disagreements = no billable hours.

Achieving court access can be affordable. As more litigants represent themselves and take charge of their own legal matters, the challenge of court access for lack of money will eventually resolve itself. Citizens are increasingly, by choice or economics, representing themselves and realizing the self-empowerment of taking charge of their own legal matters. 

Guest Post by Julie Jefferson of Freedom Rings 

FALDP Offers Three Amazing Summertime Specials!

The Florida Association of Legal Document Preparers offers three amazing summertime specials to help you grow your legal document preparation business. We ARE changing the world. The legal services that were once the exclusive domain of attorneys are no more. Now, as never before, everyday people can find information about the law. The balance has shifted. Just as the internet changed the way realtors do business, so has the internet changed the way attorneys must deliver services. Legal document preparers are here to stay.

Amazing Special #1: We still have space for more dedicated document preparers at our Fourth Annual FALDP Conference. Special Offer for New Members ~ only $99 ~ for the Conference Fee & Annual Membership Fee combined. This represents a $41. savings, off of our regular $65. membership + $75. conference fee. Our Fourth Annual Conference is a full day event on September 21, in Cedar Key, Florida. Please visit our conference page for more details. This special will continue as long as we have space available in our meeting room; we expect to run out of seats around August 31

Amazing Special #2: BOGO! To introduce our newest online course - Immigration - U.S. Citizen Sponsoring a Foreign Spouse - we're offering Buy One Get One for all of our online courses. Register for any course, and receive a second course of lesser or equal value for free. All of our courses are entirely online and self-paced -- so you can schedule your learning time around your children's schedule, full time job, or family life obligations. We offer: Introduction to Preparing Florida Legal Documents; Becoming a Successful Landlord; Bankruptcy - Chapter 7; Preparing Florida Divorce Documents; Estate Planning and Living Trusts; and our newest Immigration Course. Mastery of each subject matter course represents the opportunity to increase your income.

Graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents most needed by pro se litigants. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task. It is common for a consumer to purchase a forms packet from the clerk of court, only to put it aside in frustration, and then seek out a legal document preparer for help.

Amazing Special #3: The Turn Key Business Bundle already offers an expansive package of business services. And now, and until further notice, the FALDP Turn Key Business Bundle also includes free entry into the Fourth Annual Conference on September 21, 2013 in beautiful Cedar Key, Florida. The Turn Key Business Bundle, for a flat price of only $499. offers all of the tools you'll need to start a legal document preparation business. Can't find a job? Create one!

Florida's unemployment rate, officially around 7%, excludes the unemployed who are no longer actively searching -- those who have given up. There are now over 650,000 Florida citizens who are unemployed. For those over 55, its especially difficult to find a job. America was built by small businesses and entrepreneurs, together we can rebuild our country back to its former glory.

The theme for the FALDP Fourth Annual Conference is: We ARE changing the world. It's true. Legal document preparers are changing the way consumers interact with the court system. According to FALDP Director, Ruth Tick: "Straight forward legal information, affordable document preparation services, and empathetic customer service are the three points in our triad of strength. We hope to educate and empower consumers so that they will no longer be ignorant of their rights, or afraid to pursue them".

It IS Rocket Science

I like to say - only building a space ship is rocket science - I know that my statement isn't entirely true. Spaceships and rockets are completely different. My point, however, is the obvious one, that only certain things are so complicated they cannot be figured out by an intelligent and motivated layman. Rocket science being one of those too complicated for most of us to figure out.

Unfortunately, all too often, another one of those things too complicated to figure out is our legal system. Some judges and lawyers smirk at the challenges pro se litigants face -- others are helpful and sympathetic. The fact is most pro se litigants would prefer to hire an attorney, but cannot afford the price. Eat and pay rent; or pay an attorney? Some court clerks seem to take pleasure in saying - sorry, I can't answer that, I cannot give you legal advice. This cryptic response is often given to pro se litigants in answer to even the simplest procedural question. Baffling to consumers who thought the clerks job was to help them.

Suppose you had to build a house. It isn't your idea to build a house, you must build it because the government said to. And you need to build it to protect yourself from the enemy. If you don't build it and soon-- there will be adverse consequences, they promise. If you are a construction person, builder, contractor, carpenter, or handyman exclude yourself from this scenario. You know you could do this if need be. I'm talking to everyone else, all of you -- servers, salespeople, doctors, lawyers, butchers, bakers, candlestick makers, and even rocket scientists. What if you were not only told you must build the house -- but you were given no tools at all, were given a strict deadline, and were given no information whatsoever about the rigorous specifications required. On top of that you are met with hostile adversaries at every turn, maybe an irate neighbor, telling you that they've had enough of the noise. And maybe a building inspector continually over your shoulder demanding that you adhere to rules you never heard of. The enemy alternately lurks waiting to feed on your mistakes; or attacks full on at the slightest whiff of your weakness.

You're allowed to research online to your heart's content. And you do so, feverishly, repeatedly, until late at night and, long past the point of comprehending the meaning of the court cases which may as well be written in Swahili. You're allowed to ask friends and family for help and advice. And your family and friends do their best to help, but they don't know any more about building than you do. You're even allowed to pay someone to build it for you. To your dismay, however, you quickly discover that the only people that really know how to build a house are really expensive. And they seem to relish giving half answers to your questions; watching you make amateur mistakes; and finally smirking at the result. The building inspector threatens to fine you if you don't build it just right exactly according to his invisible plans. And he tells you quickly hurry up now, lest you fall behind schedule. The endlessly irate neighbor comes calling at least once a day to tell you to please be quiet already and don't forget to clean up the debris before it blows all over the street.

Building a house may prove too difficult for most motivated laymen. So much easier to start with a doghouse, birdhouse, or shed first. And the same is true for legal do it yourselfers. Small claims, the people's, court, can be a good place to start, where the rules are somewhat relaxed and the judges expect pro se litigants to do their best and muddle through. But, pro se litigants don't always have the luxury of choosing to start their legal do it yourself education with something manageable like small claims court. And even there, with an attorney as an adversary, a pro se litigant can be quickly out played.

All rocket science. Just like pro se litigants are totally lost and overwhelmed by the obstacles they encounter in trying to handle their legal matter on their own, so would you non-construction people face similar challenges in building a house. May as well build a spaceship.

Happy Birthday, FALDP

On May 7, 2013 the Florida Association of Legal Document Preparers (FALDP) will be three years old. We're so thrilled with how far we've come we want to share the excitement.

To celebrate, we're giving away prizes, discounts, and holding contests.Visit our Birthday Page here - http://www.faldp.org/Happy-Birthday-FALDP.html. The winner of the member website contest will be announced online on May 7. The grand prize is one year free membership, a $65 value. Prizes for second and third place winners to be announced. Also, consumers and members are invited to submit essays to win even more prizes. Topics for members are: "Why I love FALDP." and "How FALDP Transformed my Business". If you're not a member yet, there's still time to join. Deadline for entry into the essay contests is May 7. Or if you're not a document preparer, but want to participate, your titles are: "My Pro Se Story"  and "How a Document Preparer Helped Me". The winner in the consumer category receives a $40 Visa Gift Card.

And, in honor of the FALDP Birthday Celebration there is a special price for renewing members and new members. Learn more on FALDP's membership page -http://www.faldp.org/premium-membership.html.  For only $99. document preparers can join the Florida Association of Legal Document Preparers - AND - attend the Fourth Annual FALDP Conference to be held September 21. The membership fee by itself is $65; and the conference fee by itself is $75.A $41 savings.

Free FALDP ID Card for all new and renewing members who pay or join by June 1.

Acronym contest - what does FALDP stand for? Up to five entries per person. Winner receives an FALDP Tote Bag.

New Florida Alimony Law Goes Into Effect July 2013 -- Oops! Not so fast ...

This bill was vetoed - update:
Governor Scott vetoed the alimony reform bill on 5/1/2013. Back to the drawing board. No Happy Dance yet.

The following is my original post:

For many Florida divorced men, its almost time for the HAPPY DANCE! Alimony reform is coming, and will go into effect July 1, 2013. Although technically called “spousal support” and admittedly there was a mini trend of women paying out alimony during the recent economic down turn, the vast majority of alimony payors are men. The playing field is soon to be leveled. And not a minute to soon.

I wrote about Florida alimony before, back in October, 2012 -

Florida Permanent Alimony – Permanent. – Really?

“But when you hear the stories of the men in nursing homes having their social security checks garnished for alimony – come on. I have to wonder what became of that former wife's self respect, not to mention her humanity, that she would accept those alimony payments. And I also have to wonder how collecting permanent alimony can help a woman ever achieve economic equality. Fair is fair. “

The new law which is to go into effect in July of this year will abolish permanent alimony. Wow. The life sentence is over, amnesty, pardon, freedom, absolution, and on and on. Most people do not mind paying child support. And some people do not mind paying a reasonable amount of alimony for a reasonable duration. But every single man I've met who is paying permanent alimony, regardless of the amount, feels mistreated and abused by the system.

Besides abolishing permanent alimony the new law makes other changes:

• Eliminates consideration of the standard of living established during the marriage as a factor in
  determining alimony.
• Creates presumptions for earning ability imputed to an obligee.
• Requires written findings justifying factors regarding an alimony award or modification.
• Creates evidentiary thresholds for certain awards of alimony or modification.
• Creates a presumption that the parties will have a lower standard of living after divorce.
• Limits alimony based on formulas that take into account relative incomes and the length of the
  marriage.
• Provides that alimony terminates upon the obligee reaching retirement age.
• Shifts the burden of proof regarding the need for alimony to the obligee in certain circumstances.
• Prohibits modification of alimony based solely on a reduction in child support.
• Allows bifurcation of a dissolution case if pending more than 180 days, and requires bifurcation if pending over 365 days.
• Allows modification or termination of existing alimony awards.
• Provides a schedule for review of existing awards of alimony.

And as far as future modifications of alimony, the new law provides:

• Provides that the court must reduce or terminate the alimony award because of the supportive
  relationship, except upon a showing by "clear and convincing evidence" that the need for
  alimony has not been reduced by the relationship.
• Removes the requirement that the obligee spouse is residing with the other person.
• Provides that there is a rebuttable presumption that any modification or termination based on a
  supportive relationship is retroactive to the date of filing the petition.
• Adds a provision for attorney's fees in the event of unreasonable requests for modification of an
  existing award.

I have some problems with the new law – bifurcation of dissolution, and the clear and convincing evidence standard. But, all in all, it seems to be a positive step toward making life more livable for many divorced men. The women have not been sold out, either. Alimony remains entirely possible for either spouse, when the need exists. It is, however, no longer a free ride.