Legal Access - I don't know what it is but I'll know it when I see it. (I hope!)

I frequently write about legal access. Citizens' right to access the legal system. What does legal access mean? And how does it feel? Will we recognize it when we see it? I don't know. Back in 2009 mandatory mediation of foreclosures of homesteaded property was required. In 2010 the mandate was abandoned – http://www.discourse.net/2011/12/florida-supreme-court-axes-foreclosure-mandatory-mediation-program.html. The Department of Justice has created the Access to Justice initiative, which sounds like a great idea, their website is very nice. And their words well chosen. But, I still don't know.

A 2010 Huffington Post article by Dan Froomkin asks - “Why haven't more Americans successfully sued the banks that lured them into fraudulent mortgages, then foreclosed on them without the required paperwork?” Good question. The full article, “Access To Justice In U.S. At Third-World Levels, Says Survey” continues to state that the United States is among the lowest ranking country of all developed countries.

According to an article, “Pro bono attorneys provide legal guidance to community” published online and in the Daily Record, a group of Jacksonville attorneys hosted a legal phone in where anyone could call in and ask a legal question. The article states: “The purpose of the event was to assist the public with consumer law issues in the areas of foreclosure defense, bankruptcy, collections and garnishments”. And continues … “ During the two-hour news broadcast, the attorneys provided brief counsel and advice to approximately 115 callers.” Again, a start, but I still don't know.

What would access to the legal system feel like? What if a citizen could ask a legal question and get an answer for free? Or what if, after paying a court filing fee a citizen could ask the clerk what to do next and get an answer? What if an unwed father's paternal rights were fully established at a child support hearing? What if pro se litigants were extended the same respect as citizens represented by attorneys? What if there was no such thing as legalese? What if laws were written in everyday language?

One of the huge and obvious barriers to legal access is the cost. Legal document preparers are allowed to give legal information. Attorneys are allowed to give legal advice. Many people are quite satisfied with information, and do not need legal advice. The cost for having a legal document preparer prepare documents is about 10% of the cost of an attorney preparing the same documents. Are the services identical? No. Should they be? No.

We believe that as our industry gains credibility, and more citizens know that we exist, some of the financial barriers to legal access will come tumbling down. The legal document preparation industry is here to stay. We exist to serve consumers. We are niche businesses. And our niche is widening.

People United for Legal Systems Equality – P.U.L.S.E. has an online petition which begins:

“The Sixth Amendment to the U.S. Constitution has been interpreted to provide EVERY AMERICAN with the CONSTITUTIONAL right to self-representation, if they so choose. That privilege, like all other constitutional rights, should be enjoyed without fear of harassment, prejudice, or abuse. Furthermore, no law, regulation, or policy should exist to abridge or surreptitiously extinguish that right...” Click here to sign.

There is a second petition here - http://www.ipetitions.com/petition/faldp/

Please sign these petitions if you agree. We need your support. Our country's founding fathers believed that the establishment of Justice was a goal worth fighting for. We agree.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.

Guest Blog - The Legal Kidnapping of An Elderly Woman

This is about my Aunt Ida Marie Pavioni.

From the time that I was born, she was an integral part of my life. She was a Mother to me all of my life. Prior to her moving to Bradenton, Fla. in 2008, to live with me, she lived on her own in St. Louis, Missouri. She was employed with South Western Bell Telephone Company in St Louis Mo, for 59 years and was totally independent. She was a faithful servant to her Catholic faith and lived a totally independent life, all of her life.
Now, I desperately need help and justice for My Aunt! In April 2010, she was involuntarily removed from her home by Florida State authorities. Her freedom was taken from her through lies and misinformation by greedy family members and outside influencers. I was not allowed to see her during her incarceration until I agreed to give up the inheritance that my Aunt had made for me. Due to my own circumstances, I live on Social Security only; I had no money to even hire a lawyer to try to have my Aunt freed. There is a case that has been submitted to the Supreme Court for hearing that involves ALL of the individuals who were a party to my Aunt’s incarceration
A petition for Writ of Certiorari was filed with the U.S. Supreme Court on October 7, 2011, by Edward McGlynn Gaffney, Jr., Professor of International Law and Genocide Studies at Valparaiso University School of Law, on behalf of Beverly R. Newman and Lawrence T. Newman. Named in the petition are: Paul E. Logan and Jannette Dunning, judges for the Circuit Court of Manatee County, Florida; the Public Guardian for Manatee County doing business as Aging Safely, Inc., its CEO Jo Eisch, director Ashley Butler, and attorneys James Knowles and Erika Dine; professional guardian Herbert Schimmel and his lawyer Edwin Boyer; and Gerald O’Brien, former counsel for the petitioner.

Why is this petition important? Because it questions the legality of the Florida guardianship program under the Fourteenth Amendment Due Process Clause. According to the petition:

One question presented: Whether State guardianship and civil commitment proceedings that significantly diminish protected liberty and property interests of an incapacitated person violate the Fourteenth Amendment Due Process Clause, (1) where a State Judge and Public Guardian fail to provide adequate notice of the guardianship and civil commitment proceedings to family members who are willing and responsible caregivers of the incapacitated person, and (2) where the proceedings violate procedural safeguards for full and fair hearing by failure of court-appointed council to provide meaningful legal representation of the ward of the State throughout these proceedings, and by judicial exclusion of competent family members from meaningful participation in guardianship and civil commitment proceeding.

 She went from a vibrant woman, of 86, who was enjoying her life and retirement to the shell of a woman that she is now. Like Mr. Katz, my Aunt was denied her 14th Amendment Rights by the State of Florida. She demanded to be allowed to hire her own attorney before her Competency hearing in May and the authorities refused her request. Her State Appointed Attorney made sure that her wishes to remain free to live on her own were thwarted.

This should never happen to anyone in America. Our elderly are truly vulnerable in this country when practices like this by the State are allowed to be carried out against their citizens. I need someone to help me tell my Aunt’s story and secure some form of justice for her. She does not deserve to have to live in a drugged up state for whatever time she has left in her life. I want her story to be known so that others may know that without proper safeguards being in place in their lives makes them vulnerable to what has happened to Mr. Katz and my Aunt. The system of Elder Services is severely broken in Manatee County, Florida. This can happen to anyone and it will happen again. Ida Pavioni deserves justice at this point and I am looking for anyone out there who will help me pursue it. If you know of any other cases like this in Florida or have suggestions as how to proceed with any of this I may be contacted at the number below. Please help, the system is not operating in Florida at this time in a fair or just manner for our seniors.

Janice Fendel, Bradenton, Florida (updated 1/27/2019 to delete photos)

The Perfectly Acceptable Legal Solution – Better Than Good Enough

When faced with a legal question, the immediate problem is the difficulty in knowing which specific course of action is the right course. Many consumers tackle this by educating themselves. For example, a divorcing couple is almost always faced with multiple decisions that may affect the rest of their lives, and the lives of their children.

Hiring an attorney could be a possibility. But, for many consumers, the costs are so high, that hiring an attorney cannot even be considered. Pro bono legal help is nearly non-existent. Legal aid resources are spread so thin that many who qualify are turned away. Like it or not, many consumers have no other choice, but to go pro se.

Information about divorce and family law is readily available online through the wonders of the internet. But – there is so much information now, the next problem is that consumers must sort through the zillions of web pages that come up. Information overload in the information age.

The Florida Supreme Court and the Florida Bar graciously create and publish cookie cutter forms for family law matters. Sadly, (or not so sadly for legal document preparers), the cookie cutter forms and their accompanying instructions are confusing for many pro se litigants. They are written so that a reading level above high school level is needed to comprehend them. The difficulty of understanding the forms and instructions; the unfamiliar subject matter; the stress of divorce; and the importance of the matters at hand create multiple hurdles for the average pro se. The more mentally agile and motivated consumers become adept at leaping through the flaming legal hoops to reach their personal family legal goals – divorce, child custody, family adoption, property settlement, child support, and so on.

Enter the Florida legal document preparer. The Florida Bar would prefer we call ourselves – non lawyers. I rather like the term – Unlawyer – but it hasn't quite caught on yet. Legal self help, pure legal DIY, and the use of legal document preparers is often referred to “in the literature” as “good enough” legal services. I would like to change that term. I think the “good enough” term is damning with faint praise, a backhanded compliment. I prefer the term – perfectly acceptable legal services. As in – documents prepared by legal document preparers are perfectly acceptable. Or this standard form is perfectly acceptable. Now doesn't that sound better than “good enough”? Wouldn't a consumer be happier to purchase perfectly acceptable legal services than good enough legal services?

According to a recent article by Michael DeBord on Southern California Public Radio, www.scpr.org - “LegalZoom IPO: Be afraid, lawyers! Be very afraid!”

“The legal professional is being totally re-arranged by the economic downturn. Law firms have imploded. Law school grads — who used to be able to bank on fat salaries in exchange for 100-hour work weeks at big firms, if they attended top programs ... — are struggling to find jobs. Law is no longer the often-boring but generally reliably lucrative escape hatch it once was for decades of career-confused liberal arts majors.”

LegalZoom announced that it will be going public soon. According to reports, in 2011 490,000 orders were placed through their website; over two million customers have been served over the past decade; and their revenue in 2011 was $156 million. In addition to their legal document services LegalZoom now offers attorney legal services by subscription.

The benefit for consumers and for legal document preparers everywhere is that LegalZoom's high media profile brings credibility and legitimacy to the legal document preparation industry. They are successfully paving the way for other online document preparation providers to market their services more aggressively. And there is plenty of room for plenty of players, niche businesses, and support companies.

With legal fees averaging $200. per hour, consumers increasingly welcome legal document preparers services as – perfectly acceptable. Much better than good enough.

Document Preparers - Look at This!

The following was just sent to me by an associate who was perusing craigslist. It is reprinted here verbatim from the Tampa Bay Legal services section. There was no contact information at all, not even a scrambled address. I would say it was not by any means posted by the Florida Bar UPL Committee, can you see why? Intimidation? Threats? Misinformation? Disinformation? Yes, yes, yes, and yes. Please comment.

Unauthorized Practice of Law
Date: 2012-04-27, 10:07AM

If you advertise for legal services, including legal document preparation, you are practicing law without a license.

Engaging in the unlicensed practice of law is also a misdemeanor in Florida. Criminal complaints alleging the unauthorized practice of law ("UPL") are handled by the State Attorney's Office. The penalties include a fine and/or a jail sentence. Additionally, if a notary public is found to be engaging in the unauthorized practice of law, the Governor may suspend that notary from office by executive order. Paralegals cannot help a customer directly and may only work under the supervision of a licensed attorney.

Exactly what services can you provide without engaging in the unlicensed practice of law? Generally speaking, a nonlawyer may only sell legal forms and then type those forms which have been completed in writing by the customer. As an example, you could sell a will form to an individual. The customer would have to fill in the blanks for the factual information customizing the will to his or her own needs. You can have no oral communication with the customer regarding how the form should be completed, and you may not correct mistakes. You may simply type the information written down by the customer.

Craigslist has been notified of the number of posting advertising such services in violation of Florida law and has agreed to forward the names and contact information of violators to the appropriate county's State Attorney's Office.

Please, if you are not an attorney, do not advertise legal services - on Craigslist or anywhere else. You may be risking a jail sentence.

Location: Florida
it's NOT ok to contact this poster with services or other commercial interests

Original URL: http://tampa.craigslist.org/hil/lgs/2982160742.html

And How are the Children?

Masai warriors are widely known for fearsome rites of passage. Tradition demands that to become a warrior you must kill a lion with nothing more than a spear. These fierce fighters embrace their roles as protectors of the tribe.

The traditional greeting between Masai warriors is: And How Are the Children?
The traditional response is: The Children are Well.

If the children are well, then all is well. Can we say that in America? And how are the children? Are the children being looked after, protected, revered? Are they? I have my doubts.

Adriana spent over two years searching for her baby boy. In June of 2009 Adriana's boyfriend, her baby's daddy, was taking care of the baby while Adriana worked. Before she got home the boyfriend fled taking the baby who knows where. Adriana panicked and called the police, reporting it as a kidnapping. Under the laws of that state, as in Florida, when a child is born of unwed parents, it is the mother who has parental rights, not the father. The father can assert paternal rights only after a court orders that he is the legal father. The police, however, told her – sorry ma'am custody is a civil matter, you have to go to court. It was not and is not a civil matter, it is a crime for a parent to abduct a child.

I spoke with Tod on the phone yesterday. His former wife took their daughter out of the country without his knowledge or consent. They have court ordered shared parental responsibility and they have a Parenting Plan incorporated into their Final Judgment of Dissolution of Marriage. But, the mother took their eleven year old daughter out of the country anyway – all the way to Guam. Tod doesn't think they're coming back. So far law enforcement has refused to enforce the Child Pick Up Order, although it was signed by a Hillsborough County judge.

And another one – Marcus from Texas called me. His son is probably in Jacksonville, Florida; but may be with relatives in Boston. He's not sure. With the help of a private investigator he found a current address for his son's mother. Marcus, an unwed father, needs an Order of Paternity before he can hope to get child custody or visitation. He pays his child support though, every week it comes straight out of his check. Marcus will go to jail if he doesn't pay his support. For the past five years, not a single thing has happened to his ex for keeping Marcus' son from him.

And yet another. Joe pays child support for a son he has never seen. Joe discovered he was a dad months after his girlfriend left him. He dutifully sent in the DNA test which he paid for himself. An Order for Child Support went into effect. Joe learned the hard way that child support and visitation are separate. At the court hearing when Joe was ordered to pay child support, the Magistrate refused to listen to anything pertaining to custody or visitation. And so it goes.

And how are the children? You tell me. In a state, in a country, where as a matter of public policy we claim that it is in a child's best interest to have access to both parents – why is it so hard? Neither Adriana, Tod, Marcus, or Joe has been found by a court, or anyone else to be unfit parents. There are not even any allegations of unfitness against any of these parents. So why is it so hard? Why is it so hard for a supposedly civilized society to take care of the children? Are the children well? Nobody knows.

Turn Key Business Bundle – Legal Document Preparation Business

We are at the forefront of a movement. We have the opportunity to create our own image. We have the obligation to ourselves and our customers to mold our industry into a system that benefits all. I'm excited by the continuing possibilities and the dynamic impact we have on our customers' lives. We can do what we do best, and we can begin by creating a solid foundation within our own industry.

The Florida Association of Legal Document Preparers (FALDP) has created a Turn Key Business bundle to help you launch a legal document preparation business. The tools, the training, and the business structure together in one bundled business package – for only $499. America was built on the backs of small business. If you or someone you know needs additional income and would like to learn more, please visit us online.

The first thing to know about the business of legal document preparation is that there is plenty of work to go around. There is so much demand for our services that it is difficult to fail. I don't mean to say that our work is easy, or minimize the work we do. If it were easy then everyone would be a legal document preparer or even more to the point – if it were easy everyone could prepare their own documents.

Consumers face multiple hurdles when faced with a legal task. First, most people don't learn legal survival skills in school. In fact, many legal document preparers started their formal academic training only after graduating from the school of hard knocks. Many LDP's survived devastating divorces, bankruptcies, or law suits; and they not only live to tell the tale they have capitalized on overcoming their own personal challenges.

There is plenty of work to go around. Competition is good. Cutthroat unfair business practices are completely unnecessary. One of my tenets is that there is no place for greed in business. Make money, absolutely, that's what we're here for. But, the moment a business person, particularly in a business which is designed to help consumers, gets greedy, karma comes calling. I promise.

I hope you enter this business for the primary reason to help people with their legal documents. There are various tried and tested business models for a legal document preparation business. Some LDPs are mobile, others have bricks and mortar stores, and still others operate completely virtual businesses. It's all up to you. For more information please call 800-515-0496 or read more on our site - Turn Key Business page.

What's Your Game?

Business and life have often been compared to games. Knowing which game you're playing at any given time and being agile enough to smoothly switch from one game to the next may well make the critical difference between losing and winning the everyday games of life and business. Skill, strategy, knowledge, chance, persistence, all may make all the difference.

Economists have an elaborate system called “game theory”, which is based on the assumption that everyone always acts in their own best interests. One classic example is the “prisoner's dilemma”, and the question is whether one player's strategy would (or should) change if the other player's strategy is known. It goes like this:

Two men are captured near the scene of a burglary and are questioned separately by the police. Each has to choose whether or not to confess and blame the other. If neither man confesses, then both will serve one year on a charge of carrying a concealed weapon. If each confesses and implicates the other, both will go to prison for 10 years. But, if one burglar confesses and implicates the other, and the other burglar does not confess, the one who has collaborated with the police will go free, while the other burglar will go to prison for 20 years on the maximum charge.

The strategies in this case are: confess or don't confess. What should they do? What would they do? The result could be that acting in his own self interest could make matters worse or better, depending on the actions of the other. The actions of the other are done in secret, and remain a mystery until the outcome is disclosed.

Their best bet is for neither to confess, and each to serve a year in prison. But having no way to know what the other will do could make the situation far worse for one of them. The confess or not to confess strategy meets the outcome (also called pay off; or penalty) of sentencing.

The games we play in life and business are rarely as clear cut as the prisoner's dilemma. The analogies are endless. I often see attorneys playing pool, setting up their next shot as they go – three ball in the left pocket. Have you ever wondered why an attorney keeps a client's will in his office for “safekeeping”? So he gets the probate business, of course. He set up his next shot.

Civil and family lawyers keep their clients' issues burning and churning in ongoing volleys. Tit for tat, ping for pong or tennis, depending on the tournament level, temperature and the prize to be won or lost. So often, counsel, lost in the game, forget or ignore the desperate client wishes who only seek an end and some sort of resolution. The forgotten client was forced to pay and play above his level.

Chess is a game of skill and strategy. All pieces are in the open. Each play is transparent, subterfuge is impossible. But, skill and strategy take many forms. Knowing the perfect moves isn't enough. Patience is a skill. Waiting patiently for your opponent to make a mistake is a wonderfully passive aggressive way to win. Distraction is also fun. Annoy your opponent until he makes a mistake – doesn't work with everyone, but it works often enough to be useful.

Games of chance are good to know in this life. Kenny Rogers said – know when to hold em, know when to fold em, know when to walk away. Machiavelli played games of skill and games of chance. I believe that knowing what game to play when and nimbly dancing from one game to the next is the way to win. Or if you didn't win, you can find a new game.