Tuesday, January 12, 2016

Over 25,000 hits

Thank you readers. This blog has received over 25,000 hits since its inception. I know that isn't many in the wide world of the blogosphere, but its a benchmark for me. I appreciate your comments, guest posts, and readership.


Tuesday, January 5, 2016

January is the MOST popular month for divorce.

According to history.com, in 1643, the first record of a legal divorce in the American colonies, Anne Clarke of the Massachusetts Bay Colony was granted a divorce from her absent and adulterous husband, Denis Clarke, by the Quarter Court of Boston, Massachusetts. In a signed and sealed affidavit, Denis Clarke admitted to abandoning his wife, with whom he had two children, for another woman, with whom he had another two children. He also stated his refusal to return to his original wife, thus giving the Puritan court no option but to punish Clarke and grant a divorce to his wife, Anne.

The tradition continues ... family law document preparers know that inquiries and requests for divorce assistance spike during January -- even to this day, nearly 400 years after the first recorded divorce. The reasons consumers most frequently give for their choice of month, is that they did not want to upset the children, the in-laws, or life in general over the holidays. They wait, sometimes biting their tongues and holding their breath until Christmas is long gone and the New Year's party is well over before making the move to file for divorce. The decision to file for divorce may have been made months earlier.

Filing for divorce is a stressful time for all involved. There are almost always emotional issues, financial issues, and property issues to be sorted our and worked through. Here are some do's and don't's from someone who has been through it personally a time or two; and prepared documents for hundreds of divorces.

Do:
  • Try to settle as many issues amicably as you possibly can.
  • Tell the children of the pending divorce in a reasonable and loving way, assuring them that you will always be a family -- its just that Mom and Dad will no longer be married.
  • Cherish the memories. Even if the love has died, remember that you loved this person once.
  • Take care of yourself by making sure your support system is intact - whether it is your friends, a formal support group, a counselor, or divorce coach.
  • If there are children of the marriage, be especially aware that the children are experiencing as much or more upheaval than you are due to the pending divorce.
  • Resist the temptation to involve yourself in a new relationship too soon.


Don't:

  • Allow yourself to be pulled into needless emotional turmoil.
  • Let your guard down completely. Even though you want it to be amicable, that doesn't mean that you need to be careless.
  • Manipulate the children to hurt your soon to be ex.
  • Hide money. Be truthful about your finances, and expect the same from your spouse.
  • Say unkind things about your ex in front of the children, other family, or friends.
  • Don't dwell on blaming your spouse, the blame game doesn't help anything.


Document preparers may not provide legal advice or representation. Obvious as it sounds -- document preparers prepare documents. We can also give legal information and explain procedure. Most family law document preparers are also good listeners and don't mind hearing their customer's stories. .

Sometimes consumers ask whether they need an attorney. 

There is more than one answer.

  1. If both parties are in complete agreement and understand exactly what they're agreeing on, then there may be no need for an attorney.
  2. If someone thinks they need an attorney, then they probably do. If the customer is afraid of going to court without an attorney; they expect nothing but a fight; feels bullied by their spouse; their spouse has an attorney; or if English is their second language are all good reasons to retain an attorney.
  3. A pro se litigant can always retain an attorney if the proceedings become contentious. Family law attorneys are specifically allowed to unbundle their services, they are not required to take on the entire case. Document preparers charge on average between $200-$400 to prepare divorce documents, usually as a flat fee. Attorneys hourly rates may well be $300-$500 per hour.


The Florida Association of Legal Document Preparers has member document preparers throughout the state, many of whom prepare divorce documents. To locate a document preparer in your area for assistance, look through our member directory or call 800-515-0496. We're here to help.




Saturday, December 12, 2015

Peace

Peace... 

Aeiou... PEACE in Every Language: 

A Paz... Galician, Portuguese 
Achukma... Choctaw 
Alaáfía... Yoruba 
Amaithi... Tamil 
Aman... Malay, Urdu 
Amaní... Swahili 
Amniat... Persian, Farsi, Iran 
Ashtee... Pashto 
Asomdwee... Twi-Akan 
Aylobaha Gafuleya... Chontal 
Bake... Basque 
Barish... Turkish 
Béke... Hungarian 
Boóto... Mongo-Nkundu 
Búdech... Palauan 
Chibanda... Ila 
Däilama... Sa'a 
Der Frieden... German 
Damai... Indonesian 
Diakatra... Maranao 
Dodolimdag... Papago/Pima 
Eace-pay... Pig Latin:-)) 
Echnahcaton... Munsterian 
Emem... Efik 
Ets'a'an Olal... Maya 
'Éyewi... Nez Perce 
Fandriampahalemana... Malgache 
Fiadanana... Malagasy, Madagascar 
Filemu... Samoan 
Fois... Scottish, Gaelic 
Fred... Danish, Norwegian, Swedish 
Fride...Swiss 
Frieden... German 
Fridur... Icelandic 
Goom-jigi... Buli 
Gúnnammwey... Carolinian 
Hasîtî ...Kurdish 
Hau... Tahitian 
Heddwich... Welsh 
Heiwa... Japanese 
Hmethó... Otomi 
Hoa Bình... Vietnamese 
Heping... Mandarin 
Ilifayka... Koasati 
Innaihtsi'iyi... Blackfoot 
Iri'ni... Greek 
Írq... Amharic 
Isithangami... Zulu 
Ittimokla... Alabama 
Kagiso... Setswana 
Kalayaan... Philippines 
Kalilíntad... Magindanaon 
Kapayapaan... Tagalog Filipino

Kappia.. Ilocano, Philippines
Kareenan...Pangasinan, Philippines 
Katahimikan... Philipino 

K'é... Navajo 
Keamanan... Indonesian 
Ketenteraman... Malay 
Kev Thajyeeb Nyab Xeeb... Hmong Daw 
Khanhaghutyun... Armenian 
Khotso... Sesotho 
Kiñuiñak... Northwest Alaska Inupiat Inuktitut 
Kiba-kiba... Rapanui 
Kunammwey... Chuuk 
Kupia Kumi Laka... Miskito 
Kutula... Fanagolo 
Kwam Sa... Lao 
La Pace... Italian, Romanian 
La Paix... French 
La Paqe... Albanian 
La Patz... Aranés 
La Pau... Catalán 
La Paz... Spanish 
Lapé... Haitian Creole 
Layéni... Zapoteco 
Li-k'ei... Tlingit 
Linew... Manobo 
Lìmana... Hausa 
Mabuhay... Tagalog 
Maluhia... Hawaiian 
Meleilei... Ponapean 
Melino... Tonga 
Mier... Slovak 
Miers... Latvian 
Mina... Wintu 
Mír... Bosnian, Bulgarian, Byelorussian, Croatian, Czech, Russian, Serbian, Slovene, Ukrainian Mtendere... Chewa, Nyanja 
Muka-muka... Ekari 
Musango... Duala 
Mutenden... Bemba 
Nabad Da... Somali 
Nanna Ayya... Chickasaw 
Ñerane'i... Guaraní 
Nimuhóre... Ruanda 
Nirudho... Pali 
Nye... Ntomba 
Nyein-jan-ye... Burmese 
Olakamigenoka... Abenaqui

Pace... Italian. Romanian

Paçi... Maltese 
Paco... Esperanto

Pau...Catalan

Pax... Latin

Paz in Portuguese

Peace... English 
Perdamaian... Indonesian 
Pingan... Chinese 
Pokój... Polish, Slovak 
Pyong'hwa... Korean 
Rahu... Estonian 
Rangima'arie... Maori 
Rauha... Finnish 
Rerdamaian... Indonesian 
Roj...Klingon, Star Trek:-))
Rukun... Javanese 
Saamaya... Sinhalese 
Saanti... Nepali 
Sai Gaai Òh Pìhng... Yue 
Salam... Arabic, Persian 
Santipap... Thai 
Saq... Uighur 
Shalom... Hebrew Shîte 
Shiy-De... Tibetan 
Shanti... Bengali, Gujarati, Kannada, Hindi, Telugu, Sanskrit, Balinese 
Shulem... Yidish 
Síocháin... Irish 
Sìth... Gaelic, Scottish 
Soksang... Khmer 
Solh... Dari, Persian 
Sonqo Tiaykuy... Quechua 
Sulh... Turkish 
Taika... Lithuainian 
Tecócatú... Nhengatu 
Thayu... Gikuyu 
Tsumukikatu... Comanche 
Tuktuquil Usilal... Kékchí 
Tutkiun... North Alaska Inuktitut 
Ubucwantalala... Zulu 
Udo... Igbo 
Ukuthula... Zulu 
Uvchin... Mapudungun 
Uxolo... Xhosa 
Vrede... Afrikaans and Dutch  
Wâki Ijiwebis-I... Algonquin 
Wetaskiwin... Cree 
Wolakota... Lakhota 
Wôntôkóde... Micmac 
Wo'okeyeh... Sioux 



http://users.bestweb.net/~om/yoga/peace.html

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.




Monday, December 7, 2015

Just Announced: FALDP offers Custom Course Bundles as a Year End Special

FALDP offers Custom Course Bundles as a Year End Special


The Florida Association of Legal Document Preparers (FALDP) is a trade association comprised of Florida nonlawyers who are in the business of assisting self-represented consumers in accessing the legal system. Document preparers assist pro se litigants by preparing professional forms for court filing, explaining procedure, and providing information. 800-515-0496


The Florida Association of Legal Document Preparers offers year end online course specials - Custom Course Bundles - Choose any 3 courses, bundle them together, and deduct 35%. This special is available through December 31, 2015. Savings up to $316.75.

FALDP  now offers twelve document preparation courses to choose from:

  • Family Adoptions.

  • Summary Administration of Estate

  • Parental Responsibility

  • Debt Defense

  • Post-Conviction Document Preparation

  • Immigration Document Preparation

  • Becoming a Successful Landlord i

  • INTRO to Florida Legal Document Preparation

  • Preparing Florida Divorce Documents

  • Living Trusts and Estate Planning

  • Bankruptcy Basics - Chapter 7 Personal Bankruptcy

  • Notary Signing Agent Prep Course 

Learn More & Enroll in Three Easy Steps:

One: Choose three courses from our list of twelve courses offered. Go to our site and request a Custom Quote for your Custom Course Bundle (There are 220 possible Custom Course Bundles).

Two: After completing the no obligation request form, we'll send you a price quote and invoice for your Custom Course Bundle, reflecting your 35% discount.

Three: Once you submit payment, we'll send you the course links. And you'll be on your way to increasing your business income and helping consumers at the same time. Remember, there is no need to complete the courses by the end of December 2015, you must only purchase them. You can access your courses at any time.

Ruth Tick, Director of FALDP says: "Our online courses can immediately increase document preparers' earning potential. Our courses provide practical knowledge and forms for many of the most sought after document preparation projects. In some jurisdictions as many as 70% of the litigants do not have an attorney, opting to do it themselves with the help of a document preparer.

Self taught document preparers; former paralegals with years of law firm experience; and recent graduates of Florida paralegal programs benefit from our online courses. Our courses are specific to preparing the exact documents approved by the Florida Supreme Court and the Florida Bar. Consumers could prepare these forms themselves, but many people quickly are overwhelmed by the amount of detailed information they must learn in order to complete their legal task."


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


Thursday, September 24, 2015

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.