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.
This blog is written, published, and brought to you by the Horizon Research Network, LLC. Expect social commentary, articles about pro se rights, and public policy.
Tuesday, January 12, 2016
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.
- If both parties are in complete agreement and understand exactly what they're agreeing on, then there may be no need for an attorney.
- 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.
- 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...
http://users.bestweb.net/~om/yoga/peace.html
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:
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.
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, November 26, 2015
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
- 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.
- Many consumers have no idea where to even begin.
- Many would be pro se litigants don’t realize they have a right to access the court system themselves.
- The law is packed with forms, statutes and jargon that the average person may not understand.
- 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.
- Judges don’t tend to like pro se litigants.
- Judges assistants are sometimes rude.
- Court clerks are often rude. Judges and courtroom personnel are often condescending towards pro se litigants.
- Opposing counsel secretaries can be obnoxious.
- Everybody hides the ball and passes the buck.
- Everybody tells pro se litigants to get an attorney.
- 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.
- 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.
- 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.
- Many people have incomes that are too high to qualify for free legal assistance.
- Unclear court procedures, confusing court forms, incomplete or misleading judicial websites.
- 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.
- Language barriers - foreign born litigants, there is often no court interpreter available.
- 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.
- 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.
- Pro se litigants are considered distinctly unwelcome. It is literally an institutional bias.
- 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.
- 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.
- 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?
- 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.
- 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".
- 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
- Explain court procedures clearly and patiently (several times if needed—it’s a lot to comprehend)
- 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!
- 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.
- Help them fill out court forms.
- Explain what types of pleadings exist and what the procedures are for their situation.
- Help them get fee waivers (if they qualify) from the court.
- Do some “hand holding” (give them a check-in call before court and a follow up call after)
- 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.
- 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.
- As a legal document preparer our mission is to help others to complete their own legal tasks.
- 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.
Subscribe to:
Posts (Atom)




