Sunday, September 30, 2018

Domestic Violence is Real - Republished in Honor of Domestic Abuse Awareness Month


Following is a true story. My ex-husband's name was changed to keep the guilty from bothering me. Blaming the victim is alive and well -- and few people understand the true dynamics of domestic violence. Many believe claims of domestic violence are overblown, exaggerated, and -- the victim's fault -- or she must like it. In honor of Domestic Violence Awareness Month, I'm sharing my story. The following article was written about five years ago, about an incident several years before that. Please know, how much blaming the victim hurts.



Small Dogs, Small Men, and Mini-Blinds


I don’t apologize for my grudges. Brutus, Mima’s nasty little rat terrier, a dog I had known for seven years, totally unprovoked, tore across the living room and bit me in the leg. Bobby, a small man and my husband at the time, for no good reason, swung a rolled up set of mini-blinds, swung like a baseball bat, connecting with my back and nearly killed me. Still today I am wary of small dogs, small men, and mini-blinds.

Back then, my family, my friends, and more than one cop, asked me, “Why don’t you just leave?” They all meant, and sometimes said, why don’t you just leave Bobby? -- he hits you and you keep letting him come back, and what is the matter with you that you allow it? Back then, I never had an answer. It wasn’t love that kept me there.

We were in my kitchen the day he almost killed me. Bobby and I weren’t exactly married and we weren’t yet divorced. He had filed divorce papers months before, but then refused to finish the process. Our marriage was in limbo. He was back in my life, insisting that he help work on the house. The house was a government foreclosure, abandoned for over two years, a haven for neighborhood kids skipping school, and in need of general repair. We found it together, but bought it with my name, credit and down payment. During fights and renovations, the house was in constant chaos and disarray -- piles of block, stacks of sheet rock, tools, tear-out, and mess.

That day in my kitchen, Bobby told me to go out to the trailer in front of the house and tell the guy, our supposed laborer, staying there to get out. I told Bobby no. I hadn’t let the guy move in there to begin with, I didn’t think I should have to tell him to get out. Bobby was holding the mini-blinds when I told him no. He was on his way to hang them somewhere in the house. I did not tell him no rudely, or add any other comment. Just no. I don’t remember the blow hurting, at least not right away. I didn’t fall down.

Instantly enraged, I yelled. I yelled at Bobby for hitting me, and what did he do that for, and why doesn’t he go throw the guy out himself if it’s that important. I imagine, but I don’t remember, I was rude then, all the angry words I was yelling. I sat down in an office chair with wheels that was in the kitchen for some unknown reason, and pushed myself backwards across the kitchen floor toward the back door, still facing Bobby and still yelling at him for hitting me like that. I lit a cigarette to try and calm myself, but I couldn’t smoke it. I couldn’t inhale, then I couldn’t yell anymore, and then I couldn’t talk. I could only whisper.

Ten minutes after the mini-blind blow in the back, sharp pain shot through the left side of my chest to my shoulder. My left arm went numb except for the tightening steel band above my bicep. I could barely breathe, and I couldn’t talk. I whispered, “Take me to the hospital or call me a f*** ambulance, now.”

I could still walk so we took Bobby's truck. He sped through back roads, running stop signs; now playing the hero rushing me to the hospital. He talked non-stop: I’m sorry, I don’t want to go to prison, please don’t make me go to prison, I’m so sorry, I didn’t mean to hit you, I love you, we’ll say you slipped and fell, I only just tapped you, we’ll say you fell down, I don’t want to go to prison, please don’t make me go to prison. I listened and tried to continue breathing. I thought I was having a heart attack.

At the emergency entrance Bobby jammed the truck in park, jumped out and scrambled for a wheel chair. He wheeled me through the double doors. I whispered to the orderly that I couldn’t breathe. The hospital workers moved faster than I had ever seen. I had been at that emergency room only the week before, but the week before I waited two hours for a doctor. The week before I had been laying on the couch and Bobby had hit me with a wooden stool. That day he was angry because I wouldn’t tell him where I had been. In fact, I had taken my eight year old son to the video arcade. I hadn’t answered Bobby's question only because he was demanding to know, not asking. So he had hit me with the stool, bursting the thin skin on my shin, rather than slicing it, while I lay supine on the couch. I still had the stitches from the week before.

But this day, a week later, the hospital workers quickly hooked me to tubes, and put me in a bed behind a curtain. Bobby stuck by my bedside, still talking to me about how much he loved me and how he was going to make sure I got well. He didn’t talk anymore about how he didn’t want to go to prison or that he was sorry he hit me, someone might have heard. He was the attentive husband now. When hospital workers came in, Bobby talked to them about football, and whether I was going to be alright. When the doctor came in and asked me what happened, I whispered, “I fell down.” Over the next hours I dozed and woke up, over and over to stare at the big round school clock on the hospital wall, the hands never seeming to move. Once I whispered to Bobby, “Get somebody in here to convince me I’m not dying.” The nurse Bobby fetched said they were waiting for a bed in the Intensive Care Unit. She promised I wasn’t dying, and promised to take care of me.

Later on a nurse wheeled me in my bed to the Radiology Unit where three nurses and a doctor picked me up by the corners of the blanket underneath me and set me down on the scanning table. Before closing me inside the MRI tube, the doctor instructed me to remain perfectly still. I had no will to ask questions, think, or protest. Enclosed in the tube, like a modern day mummy I was sent through the scanner, the giant magnet encircling my body, radio waves aligning my hydrogen molecules so that the doctor could see my pain.

Next, now in ICU, the doctor told me my spleen had ruptured, and my pain was from internal bleeding. The doctor told me a ruptured spleen is serious, life threatening, and he might have to take it out. But, the doctor continued, the holes in my spleen might heal themselves. The doctor watched over me all night that first night. On the third day in ICU, he told me my spleen had healed itself.

During those three days I slept a lot. I was hooked to an IV and oxygen. A nurse came in every few hours and gave me a morphine injection. The medicine burned going in my hand and sent me off to sleep. When I was alone and awake I made plans. I forced myself to call to memory a friend’s phone number, and repeated it silently until I could never forget it. I could have a nurse call my friend and tell her I was here and then she could call my mom. I bargained with myself that if the doctor wanted to operate, I would call Mom, in case I died on the operating table, someone would know what happened. Mom was out of town, on vacation in North Carolina with my son. I made myself remember the name of her hotel. I didn’t want to call my friend or my mom. I didn’t want to spoil her trip. I didn’t want to hear the words, why don’t you just leave. I didn’t want to hear their anger at Bobby and then at me. Not now, I had to get better first.

I had visitors during those three days. Bobby came, talking about how much he loved me. Bobby's boss came, a twice disbarred attorney now owner of a telemarketing room. The guy, the laborer, who I was supposed to throw out of the trailer came, I don‘t know why. A social worker came. I considered telling the social worker the truth, but didn’t. It would have been fine with me if they had put Bobby in prison then and there and kept him forever, but I couldn’t convince myself it would be that simple.

I had tried to get rid of Bobby over and over. I had told him to leave, go away and never come back, but he always came back anyway. I had left him repeatedly and found I had nowhere to hide. I had sworn out protection orders and no contact orders, only to see him immediately violate the court’s order. He would call me or appear at my house, and nobody cared. When he hit me, I called the police and Bobby would leave before they responded and come back again after they left.

After the cops had come and gone he would return to my house usually in the middle of the night, angry and drunk. He drank vodka and grapefruit juice, from noon to midnight, everyday. He never slurred his words, he never stumbled, growing more agitated as the day wore on. Any words I spoke could be the wrong thing, and set him off. By late at night he was manic, talking incessantly. His words clearly uttered, made no sense.

Within minutes his words could range from oaths of undying love to death threats. He called me every vulgar name and accused me of sleeping around. He would say he wanted to spend the rest of his life with me and that he loved me forever. He would put one hand on the back of my neck and one on my chin; and tell me he could snap my neck. Just like that.

I tried to ignore his words and stay away from his fists. It didn’t work. If I went to a bedroom and locked the door, I could hear him breaking things; or he would finally break through the door. Constantly talking, threatening, accusing, then saying he just wanted to talk, make nice.

People, my family, my mom, the cops, and the few friends I had left, thought I let Bobby come back every time. I didn’t. He just came back and then he wouldn’t go away. People thought I liked being his victim. I didn’t. People thought Bobby kept coming back because I loved him. I didn’t. People thought I was the village idiot.
I went home to Bobby when I was released from the hospital. I felt elated to still be alive. Of course, he promised to never hurt me again; he always promised that. I didn’t believe him, I had nowhere else to go. Four days home from the hospital he closed my arm in a door.

Bobby tortured me for over a year.

I have an answer now for the people that asked, “Why don’t you just leave?” I did. It took some time to escape alive -- but I did. My son and I took refuge in a safe house, a hide out, and stayed for weeks. When it was time to leave I invited another woman in hiding, another refugee from abuse, to stay at my house. She helped me through the scary days that followed. Bobby threw rocks through my windows and set fire to my shed.

Ten months after I escaped, Judge Warren cracked her gavel and pronounced him guilty of one count of domestic violence.

Years later, I am still wary of small dogs and small men. Mini-blinds are now just ordinary, although I avoid them.




Saturday, September 15, 2018

Florida Property Tax Exemptions


Newcomers to Florida may not be fully aware of Florida's rules on property tax exemption. The following are rules in one county and are the same or similar throughout Florida.


Florida Property Tax Exemptions


The Property Appraiser’s Office administers all property tax exemptions.


  • $50,000 Homestead Exemption
Every person who on January 1 of the current year has legal title or beneficial title in equity to real property in this state and who in good faith makes the property his or her permanent residence or the permanent residence of another or others legally or naturally dependent upon him or her, qualifies for this exemption. You may apply in person at any time through the year, but the deadline is March 1 of the qualifying year.

First time applicants must come to our office in person. Spouses information is required if property is jointly owned. You will need to bring:
  1. Florida Drivers License or ID with correct mailing address.
  2. Florida vehicle registration with correct mailing address.(If you own a vehicle)
  3. County Voter’s Registration with correct mailing address. (If you vote)
  4. Social Security Numbers for all applicants and spouse.
  5. If you were not born in the US, we will need to see proof of citizenship or permanent residency.
  6. If the property is in a Trust, we will need to see a copy of the entire Trust.
  7. Copy of recorded deed or tax bill.
  8. Copy of Mobile Home Registration or Titles if you live in a mobile home.

  • $500 Widow/Widower Exemption
A widow or widower who is a legal and permanent resident of Florida qualifies for this exemption. If the surviving spouse remarries, they are no longer eligible. If the husband and wife were divorced before their spouse’s death, the survivor is not eligible. You need to produce a copy of the death certificate when filing for the first time.

  • $500 Disability Exemption
People who are permanently disabled are eligible for this exemption. If applying for the first time, please provide a Physician’s Certificate from a licensed Florida physician.

> $500 Blind Exemption
Every Florida resident who is blind qualifies for this exemption. If filing for the first time, please bring a certificate from the Division of Blind Services or an Optometrist’s Certificate verifying the applicant to be legally blind. The Optometrist’s Certificate can be found on our web site in the Forms to download section.

  • Total Exemptions
Honorably discharged veterans who are Totally and Permanently Disabled due to service connected disability qualify for this exemption. If filing for the first time, please provide a letter from the Department of Veterans Affairs that verifies your disability. If you are a paraplegic, hemiplegic or other totally and permanently disabled person who must use a wheelchair for mobility or who is legally blind, you may also be exempt from taxation.

  • First Responder Exemption
The surviving spouse of a first responder, who died in the line of duty while employed by the state or any political subdivision of the state, is totally exempt from paying taxes on their homestead property. A letter from the state or appropriate entity is required which legally recognizes and certifies that the first responder died in the line of duty while employed as a first responder. The first responder and spouse must be a resident of this state on January 1 of the year in which the first responder died.


It is very important to remember that if you sell your home and buy another home, you must come in to the office to make a new application. The homestead exemption DOES NOT automatically follow you to your new home.


!!! NEW HOMEBUYER BEWARE!!!


Be aware that there could be significant changes in the property taxes on the home you are buying.

In Florida, state law limits the annual increase in the assessed value, not market value, of homesteaded property to 3% or the Consumer Price Index (CPI) whichever is less. This is also called Save Our Homes. When homesteaded property is sold, that limitation is removed and the property is reassessed. This results in a new assessed value.

If you purchase homesteaded property, the taxable value of the property can and probably will, increase the first year after sale, especially if it has been owned and homesteaded for several years by the same owner.
Assessed Value – Any Exemptions = Taxable Value

This information is very important to understand because if your taxes are paid by your mortgage company, you may be surprised by the increase in your monthly payment, due to the increase in your assessed value, which means a higher taxable value.

When there is a change in ownership, the assessed value will be brought up to the market value. This may include a name change on your deed. According to Section 193.155(3)
Florida Statutes, except as provided therein, property shall be assessed at just value as of January 1 of the year following a change of ownership. Therefore, adding or removing the name of an individual as a joint owner of the property can require the property’s assessed value to be reassessed at market value as of January 1 following the change of ownership if the new owner files for Homestead Exemption.









Thursday, September 6, 2018

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.


Thursday, August 9, 2018

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.




Wednesday, August 8, 2018

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

    Small Claims Court  
   
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.
 

Wednesday, June 13, 2018

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.


Friday, June 8, 2018

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.