Path to Citizenship

We didn't know exactly what to expect when we arrived at the DHS building in Orlando. We were there for my husband's citizenship ceremony. Entering the building, going through the security process, is just like boarding an airplane. Empty your pockets, take your shoes off, put your belongings in the tray. We expected the security process, we had been to the building the week before for my husband's civics test. He passed with flying colors, and this day he had his letter in hand recommending him for citizenship. Once through security we sat in chairs in the open lobby and waited to find out what happens next. Before long a DHS officer called for everyone there for the ceremony to stand in line behind the stanchions. Next, the officer, in a booming voice, explained that families would be called after all of the citizenship candidates were seated. He called the candidates in groups of about 20 to leave the line and go to a set of tables where officers were signing people in. After the sign in the citizenship candidates went into a room to the far left that I couldn't see. I kept my eyes on my husband until he went into that room and was out of sight. I waited with members of other candidates' families until we were called in. 

Our road, my husband's and my road, to his citizenship was mostly smooth, but not without its challenges. Days after we married in 2007 we filed the paperwork for his adjustment of status, the set of documents for an initial green card. All told, at that time, that first set of documents which we prepared together, cost around $1900. in USCIS fees. We married in November. The most storybook wedding ever, in the courtyard of the Lightner Museum complete with a white carriage and white horse to carry us to the reception. We planned to go to England for Christmas so that I could meet his family. When we filed the initial documents we had also filed the travel authorization document, Advance Parole, the I-131. Green card applicants have to be careful about traveling while approval is pending, lest USCIS determines that you've abandoned the application and then you have to start all over again. We filed the Advance Parole along with everything else, so that traveling to England would not be a problem. But, we didn't get an answer about it, and we didn't know what to do, so we scheduled an emergency appointment at the USCIS field office to request that they expedite his travel documents. We got the authorization, but only by showing the officer that we'd already purchased plane tickets. 

 England was lovely. It was my first visit. I'll never understand why the grass stays green when its so cold. Florida grass goes brown at the slightest drop in temperature. The flight was good, long haul flights are never exactly fun. Coming back to the states through Orlando, after being on a plane for over nine hours, we got pulled aside and had to wait in a room for two hours before being processed through customs and immigration. I learned later that the reason we were pulled aside was because my husband's immigration status was pending. 

 A month or so later we received the letter to appear at the USCIS field office for our initial interview. This is the interview where newlyweds show the officer their wedding pictures and original documents so that the officer can see make sure its a bona fide marriage. Its an important first step in the process, as there are, in fact, many people who think they can game the system. Marry for a fee, etc. Our marriage is bona fide, married for all the right reasons. But, on the way to our appointment, driving the interstate, a front tire blew. Blew out of the blue. Nothing wrong with the tire, didn't run over a nail or a screw. Tire just blew out. Luckily a road ranger came to our rescue, towed us off the interstate and to the nearest tire store, where we bought a new tire. By this time there was no chance of arriving at our appointment on time. We tried to call the 800#, which we found to be an exercise in futility. That number always goes straight to a voicemail menu. There was no way to let USCIS know what had happened. Back on the road, we proceeded to the USCIS field office. The officer at the door let us in and rescheduled the appointment for later that day, only after we showed him the time stamped receipt for the new tire purchase. 

 Over the next two years, my husband had to get a medical exam, get fingerprinted several times (biometrics), and file more papers to remove the temporary conditions from his green card to change his status to a permanent resident alien. All these at a cost. Overall around another $900. Last year we decided it was time for him to apply for citizenship. We could have done so sooner, but hadn't felt the real need. Filing the forms for citizenship (N-400) plus biometrics cost another $725. It was 10 months before he received notice to take the civics test. He was ready. He had made me drill him on the 100 questions for days and days. His goal was to answer the first six questions correctly, so that the test would end there and then. He did it. The next week was ceremony day. 

 The ceremony was quite touching. I felt great that my husband was becoming a U.S. Citizen for me, for us. When the families were allowed into the ceremony room, a speaker from DHS welcomed us. She then asked for all the soon to be U.S. Citizens stand. That day there were 94. She called country by country until all citizenship candidates stood. The family members, whooped and hollered when their country was called and their candidate stood. We said the Pledge of Allegiance together. Then the National Anthem came on complete with patriotic video on the big screen at the front of the room. Next, the families were asked to take their seats, and the candidates repeated the oath, line by line. Once the candidates said the oath, they were declared United States citizens and everyone clapped and celebrated. The DHS speaker then talked about how we, as U.S. Citizens although not bound by race, religion, or ethnicity are bound together because of the freedoms that we enjoy. She went on to say that as U.S. Citizens we are to help one another, and that we are all equal. Inspirational and patriotic. Near the end of the ceremony, a lady came around and passed out little American flags to everyone who wanted one. Lee Greenwood came on the big screen and sang “God Bless the U.S.A.” It was a good and memorable day. Now we're working through the next checklist. He already updated his driver's license, and registered to vote. He still needs to visit the social security office and apply for a U.S. Passport.

Court Reporters in Family and Civil Court

Many novice pro se litigants believe that a court reporter will automatically be present during their civil or family law court proceedings. That belief is generally wrong. Hearings before a Family Law General Magistrate are tape recorded, as are criminal proceedings. However, hearings before a Circuit Court Judge, including a Family Court Judge, usually are not. At least not automatically; and not free of charge. As a document preparer, I encourage my pro se customers to appear at contentious court hearings with a court reporter in tow.

The litigant who hires the court reporter typically bears the cost, but may try to split costs with the opposing party. Court reporters generally charge an hourly fee to attend the hearing based on the length of time allotted and their fee structure. Expect to pay a minimum of $100 for the court reporter to attend the hearing. Then if you decide you need the proceedings transcribed, additional fees apply. Transcription fees are charged by the page. A court reporter may be able to provide a ball park estimate as to transcription cost based on the length of the hearing.

In general, you won't need to have the proceedings transcribed if the hearing goes well, or, at least, as expected. Its only when things go wrong, that the value of a court reporter becomes clear. Hiring a court reporter is a bit like insurance. You hope you'll never need to use it, but are certainly relieved if you purchase it and then need it.

Having a written transcript can benefit you in many ways.

• First, there is a record of the proceedings. You won't have to rely on your memory about what you said, what the other party said, or what the judge said.
• Second, you may find that you need to use the transcript in further proceedings. Maybe the opposing party said something during the hearing, that raises a new question. You might want to further explore the new issue with a discovery request for clarification.
• And, third, if you find that you need to appeal the judge's ruling, having a written transcript of the proceedings will be extremely helpful.

The very presence of a court reporter in the room may help you. People, including the opposing party and the judge, tend to behave better when they know every word is on record.

So, if you're headed to court, go ahead and hire a court reporter. It may be an unnecessary expense. Or, having had a court reporter present may prove invaluable.

Small Claims - How to get started, and what to expect.

     

   

Scenario: Suppose you were driving down the road without a care in the world, stopped at a traffic light, and crash. You were rear ended. So you pull over to the shoulder and the driver that hit you dutifully does the same. On the verge of tears, the other driver pleads with you not to call the police, and promises to pay for your vehicle's damage within the month. As you look at your car, you decide that maybe the damage is not so much, and you sure don't want to make this nice lady cry. So you exchange information: driver's licenses, addresses, and insurance.
Over the next week, you go to three auto body shops for estimates, and inform the other driver of what you found out. She agrees to pay you $2300 which was the middle estimate given. Again, she promises to pay by the end of the month, and you believe her. The next week, you text her asking when she will have the money she promised. She texts back saying she'll have it soon, but doesn't have it right now. You reply that you'll agree to a payment plan. She says that sounds good, and will get back to you as to what arrangements she can do.
But … when you call the next week to follow up, she won't pick up. After several attempts, you are left with two choices, take her to court, or forget about her paying you what you're owed. Everyone has their limit, you decide $2300. is too much to forget about it, so you decide to sue her in small claims court

Steps to filing your case:

1. Gather up the information that the other driver gave you at the scene of the car crash.
   
2. Download the text messages between you and the other driver from your phone onto your computer, so that you can print them out when the time comes.
   
3. Locate the court forms you'll need to file: Small claims cover sheet; Statement of Claim; and Summons.
   
4. Fill out the forms (handwritten is acceptable, typed is better); and take them to your local courthouse to file.
   
5. Be prepared to pay the filing fee, summons fee, and fee for service of process. The clerk of court may require separate payments for each, and may be specific as to payment method. So, either call ahead or take a debit card, credit card and checkbook along with you when you file.
   
6. You should also plan to attach to your filed documents either your proof of payment that your vehicle repairs have been done; or the written repair estimate that you're relying on.

What to expect:

When you file, you'll be assigned a case number and a date for a pre-trial conference. The sheriffs will hand deliver the papers that you filed to the other driver. Arrive at the pre-trial conference hearing at least fifteen minutes early. In many jurisdictions, before you even speak to the judge, you and the other driver will be assigned a mediator to see if you can come to an agreement. If you are not able to agree, you'll then go in front of the judge. The judge will call your case and you, the Plaintiff, will approach the podium first to explain your case. At this time you can offer to show the judge the downloaded text messages between you and the other driver; and/ or offer to show the judge the texts on your phone. You want to be able to show the judge that the other driver was at fault, and knows she was at fault. Generally, rear end collisions are considered to be the fault of the driver who rear ended the car in front. But, not always. The other driver may claim that your brake lights didn't work, and that she is not at fault. This is why you need to plan on showing the judge that the other driver knew she was at fault.
 

The time has come.

The time has come for legal document preparers to be known as the best thing since sliced bread and just as commonplace. The push pull of document preparers grasp on the market place has been going on for decades. Document preparers know, consumers know, judges know, and even attorneys know that our services are part of the legal landscape. Legal document preparers struggle to continue their work offering low cost alternatives to consumers. The Florida Bar wishes we did not exist. But, if wishes were horses …

… beggars would ride.

Document preparers do not take work away from attorneys. The type of legal service that document preparers provide is not the same as what an attorney provides. Document preparers prepare documents – forms. Document preparers do not give legal advice. Document preparers do not appear in court. Many of the consumers who use document preparers would not use an attorney anyway, either because of the expense, or the consumer's belief in the old saying – once bitten twice shy.

Traditionally, consumers' knee jerk reaction when faced with any legal matter is to hire an attorney. There is a strong and pervasive bias stemming from the traditional legal establishment that every consumer needs an attorney for every legal matter. This presumption is just not true. Believe it or not, some legal matters are not contested and are documents only. Many consumers are sophisticated enough to research and find information about substantive law as needed. Consumers struggle with formatting and procedure. And the fact remains, sometimes it is just not possible or practical to pay attorney's fees.

So here we are.

I came across an article in the Denver Business Journal. It was a panel interview about market disruptors. One of the panelists was Tom Romer of Greenberg Traurig. Greenberg Traurig is an international law firm with more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East. GT has been recognized for its philanthropic giving, was named the largest firm in the U.S. by Law360 in 2017, and is among the Top 20 on the 2017 Am Law Global 100.

Here is what Mr. Romer said:

“How has innovation affected current business social and legal paradigms?

ROMER: The paradigm shift that is happening in law is really interesting. The legal industry is basically a guild. We try to prevent competition and of course, protect legal service users, by prohibiting the unauthorized practice of law. Which means that no one can offer legal services without a law license. However, companies are disrupting that model and appear not to follow those rules. It’s similar to how ride share companies appeared to ignore public transportation regulations and created a business model that regulators said wasn’t compliant. But suddenly, everyone was using ride share companies and regulators had to figure out a way to approve it. If lawyers are so naïve as to think our little guild is going to protect us for the next 10 or 15 years, we’re going to wake up and see something new in the marketplace that is so popular our regulators will have to accept it even if it could be technically unauthorized practice of law. “

My takeaway is that legal document preparers have to become better known. Even though document preparers have been around for decades, we fail in making our services widely known. Part of the reason for that failure is the urge or need to fly under the radar to avoid attention from the Florida Bar. However, as we avoid the Florida Bar's attention, we fail to attract the attention of many consumers who might benefit from our services.

In that same article, Romer went on to say: “Lawyers and law firms have been slow to adopt change. But the conventional wisdom is that the practice of law will change more in the next 2 to 5 years than it has in over 200 years. What’s going to happen in the legal industry will be a wave of white-collar disruption.”

So let's disrupt and disrupt some more. I write about issues affecting legal document preparers and pro se litigants – legal access, unauthorized practice of law, and pro se rights. Please check out some of my other blog posts, especially “Uberish” and “We Are Disruptors”.

I welcome your questions, comments and shares.

Mind the Gap – the Justice Gap.

Signs that say “Mind the Gap” are posted in London tube stations to remind people getting on and off the subway to be careful to watch their step, that there is a gap between the train car and the platform. Stepping into the gap or falling into the gap could result in bodily harm, loss of life or limb.

The “Justice Gap” refers to the fact that many consumers face extreme difficulty being able to afford an attorney. While legal aid societies exist for the very poor; and indigent criminals are entitled to a public defender, there is little to no affordable legal help for low income or moderate income people.

The justice gap is just as treacherous, terrible, and tangible as the gap at the subway platform. Without any legal assistance, consumers can lose their homes, their children, and their money. For many people, being able to afford an attorney is as likely as being appointed to the U.S. Supreme Court. The courts are well aware of the difficulty that many consumers have in affording legal assistance. The term, justice gap, is bandied about regularly, with lots of self-congratulatory back slapping at each and every minor effort made. More technology is touted as one of the answers. More technology in a world where, arguably, technology has already outpaced the comprehension of struggling consumers.

There is a Florida Supreme Court committee on Access to Justice, cutely named – A2J. Chief Justice Jorge Labarga, Florida Supreme Court stated:

“Florida needs a coordinated effort involving all of the entities with the potential to make permanent, systemic advances to ensure that access to justice in Florida is not limited to those who can afford it. I am particularly concerned about the circumstances facing low-income litigants for whom purchasing legal representation can pose an impossible challenge, but access to civil justice is also a problem for the middle class, many of whom do not qualify for legal aid and cannot afford to hire a lawyer.”

The Chief Justice is preaching to the choir. Legal document preparers and pro se litigants know in their hearts and bones, that what he says is true. An understatement.

The Florida Supreme Court offers an app which can be downloaded free from Google Play. The app's description claims:

Florida Courts Help seeks to help Floridians who represent themselves in family law cases.

The Florida Courts Help app works on Apple and Android phones and tablets. The app offers in one place information for people seeking a divorce, adoption, orders of protection, name change, and other family law issues.

The app puts help at the fingertips for any mobile device user, with:

• 186 Supreme Court-approved family law forms that can be filled out on the device.
• Links and contact information for help centers all around the state.
• Plain-language instructions and descriptions of first steps and next actions.
• Pointers and contact for a full range of legal help from multiple online resources, free and low-cost legal services, lawyer referrals and other information, including eligibility criteria.
• User-friendly instructions for initial steps and pointers about what happens next.

The app doesn't really work, by the way. The information is there, but you can't fill out the forms on your device as is claimed. Not on my device anyway. All the information accessed through the app is also already online on the Supreme Court's site, www.flcourts.org .

I dare to state the obvious, the emperor has no clothes … if attorneys would charge less, then more people could use them. For example, I filed a law suit a few months ago against a roofing company who never got my roof done. I paid them a $2000 deposit, relying on their promise to start the work in four weeks. They didn't ever start. Five months after paying the deposit, after asking nicely for the return of my deposit, I sued for its return. I was almost there, as a pro se litigant, when the roofers lawyered up at the last minute, just two days before the hearing on my motion for summary judgment. Their attorney filed a motion to dismiss, and was out to bury me, the pro se litigant, citing all sorts of problems with my pleadings, legal argument, etc. Due to my good luck, and maybe my good Karma, a friend of a friend who is an attorney helped me settle the case for free before I was buried. I got my full deposit back, and the satisfaction of knowing that the roofers had to pay their attorney something.

The economics of retaining counsel to sue for $2000 just doesn't work. I was already out $2000, and paying a second $2000 or so to retain counsel just doesn't seem reasonable. Even if I won, and even if I was awarded a judgment, and even if the roofers were ordered to reimburse attorney's fees, no telling how much time and effort would be required to recover on that judgment.

I am a legal document preparer. I make my living preparing legal documents for pro se litigants. I have a BA in Legal Studies, although I am not allowed to advertise that particular fact. Advertising the fact that I have such a degree is considered, (by the Florida Bar), to be engaging in the unauthorized practice of law (UPL). I have more experience preparing legal documents than the average consumer. Also according to the Florida Bar, my stating that I have experience preparing legal documents is engaging in the unauthorized practice of law. This blog article is not an advertisement, I hope that in writing this I have better First Amendment protections than I do in advertising my services.

Despite my degree and my experience, I did not want to go head to head with an attorney who was out to bury me. But, at least I did know how to prepare and file the complaint, have the parties served, have one of the party defendants dropped, and another party defendant defaulted. I'm glad my case settled. I'm glad that an attorney helped me out. Things could have gone my way had we continued on and the summary judgment hearing had taken place. Or, my law suit could have been dismissed, burying me as the attorney wanted. But, in the end, all I really wanted was my money back. And I got that, my story has a happy ending.

Many other consumers do not have happy endings in court. Many consumers free fall into the justice gap and never recover. Document preparers can bridge the justice gap. We are the innovators of the legal system. We do not need to rely on technology alone, we bring with us the business agility to provide affordable alternative legal services to consumers. We can't do everything that an attorney can do – no legal advice/ no representation. But, other than those two things, we can provide consumers with services which they would otherwise go without.

MIND THE GAP.

When is a Divorce Final? (and other details)

When It's Over, It's Over – Or is it? It seems logical and reasonable that when the judge signs your final order of dissolution that the whole process is over. But, there are times when this just ain't so. A final order can be appealed; either party can request that the order is to be corrected; and either party can file a motion for rehearing. Any one of these needs to be filed with the court within thirty days of the judge signing the order. Often, the reason people are curious about when a divorce is final is because they want to get married to someone else, and don't want to delay. In general, thirty days after the judge signs the final order, a person is free to marry someone else.

So, is it over then? Not exactly. Either party can reopen the case at a later date to modify the final order. The modification must be based on a substantial change in circumstances affecting any of the parties. This is usually either child support or child custody/ timesharing, and it can also be alimony. Substantial change needs to be, well substantial. It can't be a minor or petty change in circumstances. The most common reason a person might want to modify child support is that one or both of the parent's incomes have changed drastically. Reasons might be a job termination; lay off; or injury or illness serious enough for that parent to be off work for some time. The change must be expected to last at least a year and must be unanticipated. A child or children simply growing older, is not considered enough reason, by itself, to be a reason to modify child support, timesharing, or custody. But, if a child has additional needs due to his age, those might be enough to modify child support.

A modification for child custody/ timesharing can be triggered by several factors. Around the age of twelve, courts will consider a child's preferences in deciding where the child lives. If a child has a compelling reason to spend more time with one parent or the other, the court's will listen. Or the parents can agree that a new arrangement is in the best interests of the child.

If one of the parents needs to move more than fifty miles away, he or she can request that the other parent to agree in writing to the proposed move. If the other parent disagrees and does not provide written consent, then the parent wanting to relocated can file a petition for relocation and ask the court to grant permission. Courts tend to grant a request for relocation only for a compelling reason, most commonly a bona fide job offer. Either way, the case may still need to be reopened in order to file a long distance relocation parenting plan. Frequency and length of visitations are almost always affected when the parents no longer live nearby.

Yet another reason that a divorce case may need to be reopened is when one of the parties has not complied with the terms of the final judgment. Sometimes there is no other way to force compliance, than to file a motion for civil enforcement/contempt. Reasons to file this type of motion are things like: failure to pay child support; failure to follow the parenting plan; failure to deliver property; failure to refinance an asset such as a boat or a house; or anything else that was ordered in the final judgment but the other party failed to do.

Separating lives which have grown intertwined through marriage is a process. Preparing for divorce before either spouse files with the court or at least at the very beginning stages, may ensure less time going back and reopening your case. The Florida Association of Legal Document Preparers is in the process of building an online course, Divorce & Paternity Preparedness Training, that will help consumers become better at managing the process.

Our course isn't ready yet. We're still gathering resources to help you on your journey. So far we've completed the first two modules (chapters) and will open them for registration by May 1st, 2018. Initially, as an introductory offer, the course registration fee will only be $24.99.  As we add information and resources, we'll raise the course fee. But, once enrolled, you won't be charged any additional course fee. You'll be able to come back time and time again to take advantage of the information we add. Ultimately, once the course is complete, we plan to charge $150, We're recruiting document preparers to discount their fees to consumers who complete our preparedness course. We hope to also have some attorneys to refer consumers to. [We are not allowed to receive any compensation for referring to attorneys, and would never do so.] 

Women Making History

March is women's history month. An annual tribute that sprang up in the seventies when women in history were first noticed and studied.

Women Making History:

Ruth Bader Ginsberg ~ The Notorious RBG

Ruth Bader Ginsberg, now 84 years old, has had a career spanning her life time. In her role as lead counsel for the ACLU Women’s Rights Project, Ginsburg believed the most effective way to achieve lasting results was to pick cases that were winnable and would set precedents that would chip away at the legal barriers imposed on women. "Not all feminist issues should be litigated now," she cautioned in the early '70s, "because some are losers, given the current political climate, and could set back our efforts to develop favorable law." In this way, bit by bit, Ginsburg set out to construct an unshakeable legal foundation for women’s equality, which would hold until society was ready to pass a more sweeping measure—say, an Equal Rights Amendment—explicitly banning gender discrimination. Ginsburg’s slow and steady approach drew the ire of some feminists who felt the ACLU wasn’t being bold enough.

Sandra Day O'Connor was the first woman ever appointed to the U.S. Supreme Court, Ruth Bader Ginsberg was the second woman appointed. With no end in sight. Justice Bader Ginsberg has said on many occasions that she has no plans to retire any time soon.

On May 4, a documentary about Justice Bader Ginsberg's life and career will open at selected theatres.

***

Emma Watson

We first head of Emma Watson at a young age for her portrayal of the brainy Hermione Granger in the widely beloved Harry Potter film series. Quite the overachiever herself, Watson earned her degree in English literature from Brown University in 2014 and later that year, was appointed UN Women Goodwill Ambassador. Her dedicated work for women’s rights around the globe includes acting as advocate for the UN’s HeForShe solidarity campaign, which encourages men and boys to be agents of change in the fight for gender equality. She has also spent time in Zambia and Bangladesh to promote education for girls and served as an ambassador for Camfed International, a nonprofit dedicated to eliminating rampant poverty in Africa through the empowerment of women. Just 25 years old today, Watson is destined to have an inspiring and productive career ahead of her.  

***

Val Demings, Hometown Hero

In 2007, Val Demings made history when she became the first female chief of police in Orlando, Fla. and decreased the department's crime rate by 40 percent. After retiring from police work in 2011, Demings decided to run for Congress and won in the 2016 election.

Recently at a CNN Town Hall on gun policy, Florida Senator Marco Rubio publicly supported “gun violence restraining orders.” He previously backed the idea and. U.S. Rep. Val Demings (Orlando, FL), a former police chief, is a cosponsor of the Gun Violence Restraining Order Act.

The act would set up procedures by which families can ask a local court to prevent a loved one from owning a firearm, if the court finds that the individual poses a risk of injury to themselves or others. Senator Nelson also backs the idea. The bill has 60 cosponsors in the U.S. House. However, the GOP-controlled House of Representatives has refused to move the bill forward.

At the town hall Senator Rubio said, “I've already announced ... a concept called a gun violence restraining order that allows authorities -- and it has to be someone in your immediate family, it has to be somebody you live with, it has to be a parent, it has to be an administrator -- can go to authorities and allow someone to not just be prevented from purchasing any firearm and allow those to be taken from them -- and the person will have due process…I support that and I hope they will pass that.”

And, Rep. Demings said, “I’m glad that Senator Rubio has supported this common-sense idea. Families are our first line of defense. If something is wrong, it is nearly always a loved one who notices first. The mother of the Parkland shooter called police dozens of times about her son. If this law had been in place, law enforcement officers might have been able to take the shooter’s guns before he could use them on our children. I urge Senator Rubio to put his words into action and push his GOP colleagues to bring this proposal up for a vote.”

I honor these women and so many others who are working daily to promote gender equality.

Who do you admire?