Showing posts with label technology. Show all posts
Showing posts with label technology. Show all posts

Wednesday, September 28, 2016

Technology is a Tool ... [text of Ruth Tick's closing speech at the 2016 FALDP Conference]

It's astonishing to consider that in this day and age, with all of our modern technology, information delivery systems, and real time communication that consumers are still struggle to access the court system. Pro se litigants struggle because they lack information even though the information is there for the taking. I googled the phrase "Florida divorce" and received over sixteen billion returns in a half second. The information is there, but it's too much to take in. When I refine the search and use "Florida divorce information", I still get over 7 billion returns in around point 4 seconds. Still way too much information. It's overwhelming. And, the information is often unreliable, contradictory, or outdated. Some of the information doesn't apply and much of the information is very general. So even after the searcher reads every single page on every single site on the first page of google he may not have learned anything he didn't already know. The same outcome applies to any other type of legal information that a consumer might search. Adoption, immigration, bankruptcy, or anything else. It's hard, it's frustrating, it's mind-boggling. Technology is a tool, but its not the answer.

People use tools. People are the answer. What if we could be the filter for all this legal information? What if document preparers could not only prepare documents but also provide consumers with the information they need and want? The good news is that we can, and most of us do everyday. Whether or not you have a formal policy to provide legal information, you probably do so. When a consumer calls, emails, or walks into your office he's probably not just window shopping. That consumer is in front of you because he has a problem. He's hoping that you can help him or fix it for him.

But, document preparers are not even allowed to select forms for a consumer. How is a pro se supposed to know what to file unless someone helps. Is he really supposed to wade through those billions of websites? Or spend days and nights at the law library? Some pro se litigants think that it's the clerk of courts' job to give them legal information and assist with procedure. Not hardly. As many of us know first hand and we know all too well from our customers, the clerks are not allowed to say much of anything. Depending on the clerk, the county, the circuit, and maybe the weather, sometimes a clerk will give a consumer some guidance. But, they usually won't or can't because they fear for their jobs. Why, because of that supposed fine line between legal information and legal advice.


But, in fact, there is no fine line. It's easy to know what's fact and what's advice. It's nonsensical to pretend that it's difficult to tell the difference. A fact is a statement that can be verified in some way. A fact is something that truly exists or happens. Advice is an opinion or recommendation offered as a guide to action or conduct. Think about this. These are very different things. Completely different ways of thinking and communicating thoughts -- so I doubt they are often actually confused. I know that when I say - You should wear your seat belt - that I'm giving advice. And when I say, Florida law requires people to wear seat belts - that's a fact.

And if I say the first step in an eviction for nonpayment of rent is to deliver a three day notice to pay or quit. That's a fact. But here is where the games begin. Every driver should know that he's supposed to wear a seat belt. You have to know it to pass the driving test, and if you don't wear your seat belt, you'll get a ticket. It's common knowledge. I've been a landlord since 1984. It's old news to me that you have to give a tenant a three day as the first step to evict.. I learned that years ago. But, there is no landlord course for beginner landlords, they don't know that fact unless someone tells them or they learn it some other way. And if they go and ask the clerk of court what to do, they might not get an answer. It all depends on how they ask. If they say my tenant won't pay the rent what should I do? The clerk of court, or even a document preparer may be reluctant to reply, because it sounds like the answer will be advice. "You should give your tenant a three day notice". Should. But if you answer, the first step in eviction is a three day notice to pay or quit, see Florida Statute Chapter 83 - that's a fact.

Its word play, semantics. And we can work with it. People ask all the time about which procedure or form to use for their desired outcome. We can't select forms for them. But if they know what they want to do but don't know the name of the form or procedure, in my opinion, it would be wrong to refuse to answer. The consumer has a problem or he wouldn't be talking to a document preparer. To say, sorry can't answer that, is acting like the clerk of court. And we CAN answer. Answer with a statement of fact not a "should" statement.

All Florida attorneys have standing to initiate a UPL investigation. Think about that one. We are not regulated by the Florida Bar. We are not attorneys. Attorneys in some aspects are our competition, yet they can report us for supposedly engaging in UPL, even though we don't have anything to do with them. A scenario where an attorney cried UPL because he was losing to a pro se litigant is nothing more than gamesmanship. An attempt to ham string his opponent by taking away the one tool he has - the document preparer. And, sadly, it works. At that juncture a prudent document preparer would sever the relationship with the pro se litigant and address the UPL investigation directly. It's a risk we take.


Every occupation has risks. Roofers, fire fighters, electricians, pilots, chauffeurs, truck drivers, farmers, trash collectors, and construction workers, are among the most dangerous occupations. Anyone working in one of these occupations could die on the job. A business risks their money and time, hoping that the returns exceed the outlay. Our business is unique because legal document preparers could be subjected to a harassing UPL investigation; or even fined or face incarceration. Just for doing our jobs. Just for trying to assist a consumer.

In fact, in the big picture, our risks are minimal providing we plan ahead and take precautions. A roofer knows how to walk a roof, to wear a safety harness if the pitch is too steep. Fire fighters have safety gear which they must keep in good working order at all times. So that when they run into the burning building they have their gear to rely on. We also have tools to mitigate risk. Use them.

The Florida Supreme Court, the Florida Bar, and the Florida Commission on Access to Justice has been discussing and debating various initiatives for as long as I can remember to increase consumers access to the court system. Despite their efforts there has been little actual change or improvement since we formed FALDP in 2010. Document preparers are completely overlooked as part of an official solution. Every time I see a newspaper article, a Florida Bar Review article, or press release that discusses the need for private sector innovation to increase citizens legal access, I write an email to the Florida Bar. I tell them - we're here - we are part of the solution. If I get a response at all, it is usually along the lines of don't call us, we'll call you.

Besides being dismissed and ignored we are harassed. The threat of an investigation is always there. We hang back in the shadows and are not as aggressive in promoting our businesses as we might be. We fly under the radar and try not to draw attention to ourselves. We second guess our every move, lest we might somehow do something that a UPL Committee or a lone attorney decides might be engaging in the unauthorized practice of law.

More than one FALDP member has closed up shop, specifically because of the threat of unfounded UPL allegations. Until the day we demand that the State of Florida recognizes that document preparers are here to stay, that document preparers provide a sought after service, and we have earned our place in the legal system -- we, as business professionals, will remain marginalized, vulnerable, and ineffective.

Today I ask every FALDP member to stand with me and demand what is ours. Demand the right to pursue our livelihood without interference. Demand the respect that each of us deserves. Actively transcend the challenges we face by faithfully serving our customers. And because of their gratitude seize what is ours. We create positive change in consumers lives everyday. We help those who have given up, who don't know what to do, and who cannot possibly afford an attorney. We make Florida a better place to live, despite the zealots who would have us fined and imprisoned. Come with me out of the shadows. Bask in the sunshine. Fly into the radar. Stand with me to seize what is yours. Transform the fear into a mission to continue your work in the light of day. Stand with me and never look back.


Thursday, October 31, 2013

Reputation Repair & Management

Predictions made decades ago about the world becoming a global village have come true. Now more than ever before our reputations are our most valuable asset. Prospective employers, business associates and potential mates search each other online to learn more; usually soon after the first contact.

First go to a computer, preferably not your own computer, and put your name into Google, then Bing, then Yahoo search engines. You may want to use various versions of your name, a maiden name, or with and without your middle initial. Also if you are known by a nickname or shortened version of your name, plug those in as well. You can go as deep as you like on each of these search engines, I recommend that you search up to page three or four. 

What do you find? Good, bad, ugly? If a search comes up showing you dancing on the bar at your last party, you've got some work to do. Likewise, if you have ever been arrested, your face - the worst picture taken on the worst day of your life - your mugshot may appear on the very first page of Google. 

The permanence of the web creates a major branding challenge: once negative information is out there, it's difficult to remove. If you've created the questionable content you can delete it and -- eventually -- it will be removed from the caches of Google and other search engines If you don't control the content, the first thing to do is ask the person who does control the content to remove it. 

Create your own content and drive the bad stuff down in search engine rankings. No one, usually not even your worst enemy will bother to search past the first several pages on any of the search engines; most readers will stick to the first page or two. Creating a robust social media and online presence guarantees that the top results will be the ones you want people to see. Studies have shown that video, in particular, is prized by Google and will rank highly, so you might want to consider a video blog. Traditional blogs, because their content is updated frequently, are also search-engine-friendly. Creating profiles on Facebook, LinkedIn and Twitter also helps. 

There are certain reputation repair and management tasks that you can easily do yourself; and tasks that you may need help with. The basic principle is to bury negative information by providing positive information to take its place. Take a close look at the pages returned in a search. Would you want your grandmother or your nine year old daughter to see it? If the picture of you dancing on the bar is on your own Facebook page, take it down, or tighten your privacy settings. Follow suit with Twitter if you need to. If you don't have a Twitter account, create one to tweet positively and intelligently. Your Linkedin account is one of the vital parts of creating your positive online presence. You are creating your own personal brand, make sure the information that you share with the world positively reflects who you are. Making comments on popular blogs with well considered responses may also help build your online reputation. 

If information online is untrue and defamatory you may be able to have it taken down. Forcing a company to remove defamatory information may not be easy, but it is possible. Possibly you can file suit; contact the hosting company and request that the information be removed; or as we suggest -- bury negative information by piling positive information on top.

There are companies that specialize in reputation repair and management. Some of them do all the work for you, others do some of it; still others provide you the tools to repair and manage your reputation yourself. I recommend a company called Brand Yourself because I have had first hand experience with it, and know that it works. Click here or click the logo and try it yourself.

A pro se litigant, first recommended Brand Yourself to me. He had a criminal charge which had been dismissed, but it continued to haunt him. He is a chef in a competitive market, and was not being offered positions for which he was well qualified because of the negative information gleaned from the pre-employment pre-interview internet search. We can say that with confidence, because after he went through the Brand Yourself process, he began receiving the type of job offers he deserves.

In a second example, someone I know managed to bury two mug shots, by using the services provided in Brand Yourself. We know it works. Brand Yourself offers a free service, which works just fine, but you have to patient. You can upgrade to their paid service, and see your online reputation improve faster. Either way, you receive an alert every time anything changes when your name is searched. 

 

Friday, April 5, 2013

Big Brother is Alive and Well in America

Big Brother is alive and well in America. Americans volunteered to be followed, recorded, and, yes, monitored by the government - oh I mean technology. Well ... both.

Don't get me wrong, I love technology and I love my country.

I love America for the freedom we enjoy, the freedom we understand to be our birthright as Americans. Among those freedoms, the freedom to come and go as we please. We can go anywhere in our vast country without notifying any officials or gaining permission from anyone at all. We have freedom of speech far greater than almost any other country in the world. I can freely express my disagreement, disapproval and even disgust with the government.

I embrace the world wide web -- mainly doing business online and being able to find out almost anything I want to know in minutes. I think the internet has changed the world at least as much as the printing press did, when Gutenberg printed that first Bible. Before Gutenberg's innovative moveable type system, monks literally copied the Bible over and over by hand. Imagine! This was cutting edge technology in the 1400s.

Today, in 2013, people blithely place their personal information online at an alarming rate. I don't participate in most social media, I never got the point. I don't want to be subjected to all those inane updates. I'm guessing that many people don't know that their whereabouts can be easily tracked through their facebook posts. According to blogger David A.Desrosiers' blog posted on January 13, -


"Yes, they’ve done it again silently sending GPS coordinates with every message...

The most-recent update of the Facebook mobile application (Android and iPhone) reverses and resets the default settings for “Location Services”, so that every single Facebook message you send, also sends your exact GPS coordinates to the recipient (and to Facebook’s own messaging servers), even if you have your GPS disabled on your phone. When the GPS is disabled, they fall back to AGPS to determine your coordinates with incredible accuracy. ... This is so specific, it actually revealed that I was in my kitchen (in the rear of my house), and not just my approximate street address on my road. Zooming into the map they helpfully provide, shows where inside my house my phone is when I sent the test messages that revealed this issue. "


And rumor has it that facebook is getting ready to release a find friends app that uses GPS to locate friends nearby. A Huffington Post article, posted April 4 -

No One Wants A Facebook App To Track Their Movements


Watch out, Facebook could soon be watching you ... even more than it already is.
Facebook is reportedly planning to release a tracking app that will help users find friends nearby, two people with knowledge of the matter told Bloomberg. The app would run even while Facebook is not being used on one's phone, allowing Facebook to track users' whereabouts and sell ads based on that information.

Facebook Is Said to Create Mobile Location-Tracking App

By Douglas MacMillan - Feb 5, 2013 12:01 AM ET

What's in Facebook's New Location Tracker?
Facebook is developing a smartphone application that will track the location of users, two people with knowledge of the matter said, bolstering efforts to benefit from growing use of social media on mobile computers.



The app, scheduled for release by mid-March, is designed to help users find nearby friends and would run even when the program isn’t open on a handset, said one of the people, who asked not to be identified because the plans aren’t public.
Facebook is adding features to help it profit from the surging portion of its more than 1 billion users who access the service via handheld devices. The tracking app could help Facebook sell ads based on users’ whereabouts and daily habits. It may also raise the hackles of consumers and privacy advocates concerned about the company’s handling of personal information.

Regulators in the U.S. and Europe  have already scrutinized Menlo Park, California-based Facebook amid concerns that it doesn’t do enough to keep data private. Apple Inc. and Google, Inc. have similar tools for continuously keeping tabs on user whereabouts.

Both of these articles referenced may be referring to the same app. I don't know. I can't test them. Not only do I not have a Facebook account, I also do not have a smart phone. In fact, I don't have any kind of cell phone. I love it. I realize I am an outlier. I am a minority. Only 13% of U.S. adults do not have a cell phone. I am amazed that so many people, who lived their entire lives without this technology became so enamored with constant contact in such a short time.

And, so what, you say. Why should I care if I am watched, recorded, and monitored? Not to display my personal paranoia, but what if somebody is watching you. What if someone who means to harm you knows every move you make? Why give them the tools? What if our government, which depending on your world view, is reasonably benevolent, or considerably diabolical decided to restrict your movements? Would you give up your cell phone and facebook?

It is common knowledge that employers and law enforcement will look up your profile if they have a need. What about someone who wants to rob you? Or do you even worse harm? Do you knowingly invite them into your life due to your my life is an open book approach to technology? Do you let the world know all about you, just because we have the means to do it? I don't.

Big Brother can leave me alone.How about you, is Big Brother welcome in your life?