Unauthorized Practice of Law - Another Point of View

I have an idea for illustrating the absurdity of the current tenor of enforcement against the “unauthorized practice of law” in Florida. It will probably never convince the Florida Bar to let up on the persecution of legal document preparers, but it might make some people realize just how hypocritical the Florida Bar is.

As I learned firsthand from a recent lawsuit against me, law is a complicated field. It has many specialties. When I needed to hire an attorney in another state to help me with that lawsuit, the first law office I called directed me to the local “expert” attorney in that particular specialty field of law. In that small jurisdiction, he qualified as the local expert in that specialty area because he had successfully prosecuted a case all the way to that state’s Supreme Court. It makes some sense: If you have an auto accident, you would probably do better if you had an attorney who specialized in auto accident cases. (To further illustrate my point, I’ll refer to the tort I was sued for generically, as “Tort X.”)

When my plaintiff lost in his home state and sued me in Florida, he tried to bolster his case with references to another Tort X lawsuit that had certain parties I’ll call Jones vs. Mackey. Something that happened in that case is instructive. The Plaintiff, Jones, didn’t hire an attorney who was a specialist in Tort X. He hired an attorney who had spent his career on cases involving real estate foreclosures.


Why? I don’t know. I’m guessing no attorney who specialized in Tort X would take what was obviously a lousy case. But I’d like to argue that, if UPL is going to be so strongly prosecuted, then UPL should be expanded to include attorneys like Jones’ who practice a type of law outside their range of expertise and experience.

And why shouldn’t such an attorney be prosecuted just as violently as the Florida Bar prosecutes legal document preparers? By practicing outside their expertise, attorneys like Jones’ are exposing their clients to exactly the same risks that the Bar claims legal document preparers are exposing their customers to. Would you see an ear, nose and throat doctor for an ingrown toenail? Of course not. A wise ENT, except in emergency, would give you a referral to a podiatrist. An attorney who did not do the same should be prosecuted for it.

Maybe what the Florida Bar needs is a taste of its own medicine.

Guest Blog, published with permission from the author, Jim Holding

The Pro Se Challenge - Accessing the Court System

As a pro se litigant, I recently experienced a frustrating (and expensive) example of the sort of barriers a pro se litigant can encounter. I discovered that court systems are not designed to aid the pro se litigant in filing their paperwork, and a clerk of court’s staff are often far from helpful.

In 2015, I was sued by someone in a state on the other side of the country. Other attorneys in his area referred to him as a vexatious litigant, and he filed all his lawsuits pro se and in forma pauperis. He had never won a lawsuit.

My background is in research, and I once managed a law library. So, I was able to defend myself, and I prepared a defense based on lack of personal jurisdiction.

Unfortunately, the court system this man lived under was still in the 1990s technologically. There were many obscure rules, and many forms for filing documents that were unique to that court. Half the time I called the clerk of court to ask a question, and either the person I needed to speak to was “out of the office,” or the person I spoke to had no idea how to help me. To make matters worse, this court system just happened to be implementing new scheduling software, which caused even more problems as members of the clerk of court’s staff became unavailable because they were “in training.” I left messages, and did not receive calls back until literally the last minute I had to do my paperwork.

There was also no system set up for full electronic filing. I could send a copy to the clerk’s office electronically, provided I went through an obscure registration process. However, I was still required to “snail mail” copies to the judge. Barney Fife obviously served as clerk of court in this county!

I filed a motion to dismiss, only to discover that I had filled out a form incorrectly, and my dismissal hearing was not properly scheduled. I became so concerned about not being able to communicate with the clerk’s staff that I hired an attorney in the other state. In the end, because of various actions by the plaintiff, it cost me $21,000. It could have cost more. Thankfully, the attorney I hired recognized that I was competent at legal research and allowed me to do research for him on personal jurisdiction. That saved me $1500. (The judge, by the way, awarded me those attorney fees after everything else was over with.)

The attorney used the same arguments I used in my motion to dismiss, only adding a few points from that state’s case law. Had the court system in the Plaintiff’s state been more accessible, I could easily have handled these matters myself. The end of this affair proves it: After the Plaintiff lost to me in his home state, he tried to sue me in Florida – and I defeated him for no more than the cost of postage and copies..along with a small payment to a helpful legal document preparer!

Guest Blog - published with permission from the author, Jim Holding.

Interesting times ...

These are interesting times. I've lived through interesting times before. I'm old enough to remember the Cold War, and experienced those times from a child's point of view. During the Cuban Missile Crisis we each had emergency rations at school and an evacuation plan to board a freight train to take us to (of all places) the Castillo de San Marcos in St. Augustine for refuge. My dad had a bomb shelter built in our yard with four foot thick steel reinforced walls. Mom said she could never see the point ... if the world is blown up why would you want to be alive anymore anyway. We used it only once, and that had nothing to do with bombs, rather a hurricane that caused a tree to fall right through the living room. We evacuated to the bomb shelter and spent the night. Ran through the orange grove and down into the shelter during the eye of the storm.

Those were tense times. Even though I was only young, I remember dinner table conversation about the missiles being aimed straight at Florida, the Cape, or maybe Jacksonville because of its military presence. We were in Jacksonville. And the fall out would contaminate everything, infect the food supply, if the blast didn't kill you.

The Vietnam era was yet another interesting time I remember. My parents had split by then, and I was a teenager. Dad had rejoined the military as a high ranking officer. Navy Captain. Psychiatrist. Stationed in Japan. I went to live with him and my stepmother there. We lived on base in officer's housing. Dad was second in command of the base. On one trip overseas, flying military space available, we stopped in Saigon. It was some time in 1970. I remember the tension in the airport, the personnel coming and going, the uniformed officers talking in tight groups, the smoke filled waiting room, my dad ordering me and my sister to stand right by his side and don't move, the tension that you could inhale.

Over the next year or so the U.S. was in the process of pulling the troops out of Vietnam. A lot of them came through our base, as it was a hospital base. Anti-war protests were going strong back in the states. A fact I knew only on the periphery. The Japanese protested against Americans. They held protests right outside the main gate. They were polite about it, always sharing their protest schedule. Easy to avoid. My dad was involved in signing discharge papers for the enlisted that served in Vietnam, doing their psychological exams before release from duty. He'd talk about it. I think he had many enlisted dishonorably discharged due to drug use or addiction during their service in Vietnam. Dad had a particular and personal hatred of anyone who used illegal drugs. I felt sorry for the men he dishonorably discharged for drugs, or maybe court martialed. After all, most were drafted, thrown into a war they didn't support. And drugs were plentiful. Maybe not an excuse or reason, but my dad didn't have to go out of his way to ruin lives. I know that he did.

We came back to the states to Southern California. The Nixon administration was full bore crash and burn. The Pentagon Papers. G. Gordon Liddy et al. Watergate. I feel we are in a time machine. Back again to the early days of the women's movement. Back again to a politicized populace and people marching in the street. Back again to turmoil. Interesting times.

Proudly Serving the Under Served

I am grateful for the privilege to do what I do. I serve consumers who would otherwise go without. I help people who have no choice but to stand up for themselves. I prepare documents for those who have no idea how to proceed. I am a Florida legal document preparer. "Proudly serving the under served." appears on our association site. And I mean it, it is not just a catchy marketing phrase. It is what we do. I am proud and humbled at once.

Couples break up. Neighbor sues neighbor. Disputes fester. Solutions are elusive. Most people want things to be fair, even while acknowledging that the world isn't fair. We've known that the world isn't fair since we were children, but still wish it were so. Wishing isn't getting, but we can try. Try for that reasonable and fair solution. The compromise where no one is completely happy, but no one feels trod upon.

Rental leases, cell phone contracts, car rental contracts, insurance, employment contracts, non-compete agreements, bills of sale, promissory notes, pet care agreements, construction contracts, powers of attorney, and licensing agreements are just a few of the contracts that consumers use and sign, often without an attorney. In fact, most of these types of contracts are usually signed without an attorney looking out for the signer's best interest. Few new hires would refuse to sign an employment contract until an attorney had a chance to review it. And, it would likely be less than cost effective to have an attorney review and approve a cell phone contract prior to signing.

But, when a marriage deteriorates. Or business partners disagree. Or an arrangement that once worked becomes unbalanced. Or when the powerful prey upon the weak. And there is no compromise in sight, the dispute lands in court. When property, money, and children are at stake - somehow, some way, the dispute needs resolution. Even if that means taking it out of the hands of the disputing parties to let a judge decide.

It is always always always better to resolve disputes without judicial intervention, as long as the solution does not leave the weaker party weaker still. And there's the rub. It's hard to know. Presented with a settlement agreement or contract, for example, how does a layman have any idea whether he should sign? It may seem to say that the agreement is reasonable, but maybe there is also some language that doesn't make obvious sense. Then what? Research, education. Ask for clarification and/ or lawyer up, I guess.

Document preparers encourage their customers to seek legal advice when they do not understand their rights. We encourage consumers to consult with an attorney and ask for advice regarding their rights and responsibilities. We also encourage consumers to educate themselves about their rights and responsibilities. We are here to prepare documents once a consumer knows their rights and responsibilities. And then once the documents are prepared, we then encourage consumers, to have an attorney review the documents. Whether a consumer can afford an attorney or not, depends entirely on that consumer's specific financial means.

And even as we encourage consumers to seek legal advice, we know that many will not be able to afford the fees. We are not part of the problem, but we certainly aspire to being part of the solution.

Please complete our FALDP Pro Se Survey. Thank you!

Fl

orida Association of Legal Document Preparers

Pro Se Survey II

In 2012 we offered the first in our pro se survey series. The information we request on this survey builds off of the first one, and hopefully makes up for some of the information gaps. We ask for your name and address, but you are not required to provide that information to complete the survey. Providing your personal information is completely voluntary. Thank you to all of you who contribute. If you are a pro se litigant, please complete our survey. If you do not want to be contacted after completing it, we won't contact you - ever. This is in no way a ploy to collect your information. We really want the data; and you can remain completely anonymous.

CLICK HERE TO COMPLETE THE SURVEY

Pro se litigants are often overwhelmed and face multiple obstacles in pursuing or defending their legal matters. As far as we can tell no one, no government entity, no private groups makes a concerted effort to find information about pro se litigants. There are plenty of assumptions. One of the most prevalent assumptions is that pro se litigants simply cannot afford an attorney. Another assumption is that pro se litigants lack formal education. We want to know whether these assumptions are correct. Whether there is, in fact, much more to the story. 

The legal system belongs to all citizens. It does not belong to attorneys, the judges, or the court staff. Our tax dollars pay the court staff and the judges salaries. We understand that the court prefers for consumers to be represented by counsel. Consumers lack of information about procedure is real. Florida procedure is labyrinthine and there are few reliable sources for consumers to learn about the steps and rules that must be followed. 

Privatization of Medicare and Social Security

This is a non-partisan issue:

Tell Sen. Rubio: Don’t Privatize Medicare or Social Security

President-elect Donald Trump has put forward plans to privatize some of our nation’s vital services. Working people are concerned that he may consider House Speaker Paul Ryan’s Medicare privatization plan, as well as Social Security privatization. This would be devastating for people who rely on these programs.

Tell Sen. Rubio to oppose Medicare and Social 

Security privatization.

Here’s how you can help:

Step 1: Address Sen. Rubio - 1650 Prudential Dr #220, Jacksonville, FL 32207

• Dear Sen. Rubio,

Step 2: Share Something Personal

• Write something personal about why you care about preserving Medicare and Social Security. Tell him why these services are important to you.

Step 3: Make the Point That Our Communities Rely on Medicare and Social Security, and Privatization Does Not Work

• Last year, over 4 million Floridians benefited from Medicare, and over 570,000 relied on Supplemental Security Income through Social Security.
• Instead of reducing health care costs, Ryan’s plan would likely increase them.
• Medicare as we know it is already efficient, and offers health care at rock-bottom costs.

Step 4: Sign the Letter

• Sign your letter and include your mailing address. It also is good to provide your phone number and email address.

If you want to write a letter and mail it, you can use the following format. It doesn't need to be long or complicated. OR if you would prefer to return your letter to me, I can have them hand delivered to Senator Rubio. Email your letters to me at floridalegalforms@gmail.com and please send them as a doc or pdf attachment. Thank you!

A sample letter could go something like this:

December __, 2016

To: Senator Rubio

From: Ella M. Roe

Re: Do not privatize Social Security or Medicare

Dear Senator Rubio,

I am a 95 year-old woman with glaucoma. I rely on Medicare and Social Security. I have lived and worked in Florida since 1956. My deductibles are low and I would prefer that they stay that way. If Social Security and Medicare were privatized I don’t know how I would survive.

Protect Floridians and please do not allow either of these programs to be privatized.

Ella M. Roe

407-xxx-xxxx

xxxx Cutler Drive

Orlando, FL 328xx

My mom at the age of 81. In Costa Rica ready to ride the zipline!

Stand Up for Standing Rock

Mainstream news sources are not reporting this. Please share this post and take action by calling President Obama to ask him to put a stop to this.

The video above is of an individual explaining the conditions the protesters are facing. This link - Water is Life - takes you to another video that describes the issues in detail. 

Mni Wiconi - Water is Life

Hear the message of the Standing Rock Sioux Tribe. Honor tribal sovereignty and the Earth we inhabit by telling President Obama to deny the easement by calling 202-456-1111. We need every person to call Obama this week before Dec. 5th. Please share. For more information visit standwithstandingrock.net
#NoDAPL
#StandwithStandingRock
#standingrock
#bankexit 

Update from www.standingrock.net

U.S. veterans to form human shield at Dakota pipeline protest

By Terray Sylvester | CANNON BALL, N.D.

CANNON BALL, N.D. More than 2,000 U.S. military veterans plan to form a human shield to protect protesters of a pipeline project near a Native American reservation in North Dakota, organizers said, just ahead of a federal deadline for activists to leave the camp they have been occupying.It comes as North Dakota law enforcement backed away from a previous plan to cut off supplies to the camp – an idea quickly abandoned after an outcry and with law enforcement’s treatment of Dakota Access Pipeline protesters increasingly under the microscope.

The protesters have spent months rallying against plans to route the $3.8 billion Dakota Access Pipeline beneath a lake near the Standing Rock Sioux reservation, saying it poses a threat to water resources and sacred Native American sites.

Protesters include various Native American tribes as well as environmentalists and even actors including Shailene Woodley.

State officials issued an order on Monday for activists to vacate the Oceti Sakowin camp, located on U.S. Army Corps of Engineers land near Cannon Ball, North Dakota, citing harsh weather conditions.

The state’s latest decision not to stop cars entering the protest site indicated local officials will not actively enforce Monday’s emergency order to evacuate the camp issued by Governor Jack Dalrymple.

Dalrymple warned on Wednesday that it was “probably not feasible” to reroute the pipeline, but said he had requested a meeting with the Standing Rock Sioux Tribal Council to rebuild a relationship.

“We need to begin now to talk about how we are going to return to a peaceful relationship,” he said on a conference call.

UPDATE 12/5/2016 - The Army Corp of Engineers refused to grant the permit needed to build the pipeline. So for now the project is on hold.