By Deirdre Glascoe
Staff Writer for The National Association of Pro Se Litigants, Inc. (www.napsl.org)
Efrem Martin was trained as a paralegal by one of the finest educators in the world, The United States Marines! After serving his country with distinction, and with 25 years experience as a paralegal under his belt, Mr. Martin is now in the cross-hairs of the Colorado Attorney Regulation Counsel. The Counsel, funded by attorneys, is asserting that Mr. Martin can't practice his trade on U.S. soil. This is because of a legal monopoly that exists in the U.S., a system of oppression that can only be maintained by the public’s ignorance of the law. Mr. Martin is a financial threat to that system of oppression, so the fat cats have their claws out.
As a basis to shut down his business, and impose other penalties including possibly criminal, the Attorney Regulation Counsel is evaluating Mr. Martin by a State law known as the unauthorized practice of law (UPL). UPL is a deficient and discriminatory law that fails to clearly delineate those tasks which attorneys may perform and those task that paralegals, legal secretaries and legal word processors may perform in a solo practice. But more troubling, particularly to members of the National Association of Pro Se Litigants, Inc., is that the Attorney Regulation Counsel, The Colorado Bar Association and paralegal associations like Rocky Mountain Paralegal Association and Colorado Freelance Paralegal Network (CPFN) take the position that Citizens in Colorado, representing themselves are not entitled to purchase legal information and other ancillary services directly from a paralegal. This according to the Colorado Bar Association is a privilege that only licensed attorneys may receive.
According to the CPFN website, “For those not familiar with the legal world, paralegals - even freelancers - are not permitted to provide their skills directly to the public. They are allowed to do so only under the supervision of a licensed attorney.” Well, for anyone familiar with the laws of slavery, the practice of depriving slaves of the right to read and write, so that they may remain ignorant and oppressed sounds chillingly similar.
UPL statues purport to protect the public interest; but since many attorneys wreak their incompetence and lack of ethics upon the public everyday, yet never face sanctions, critics have come to believe that unauthorized practice of law statutes are just guises put in place to help Lawyers maintain their monopoly on the public’s access to justice.
Critics say that our legal system is not the honest upright system it purports to be, but instead is premised on the concept of pay-to-play and quid-pro-quo. Clients who can grease the palms of attorneys and judges get justice; everyone else is left by the wayside.
The critics’ positions are substantiated by a variety of legal community embarrassments; most recently the indictment of Judges Mark Ciavarella and Michael Conahan. Both of these “Honorable” judges were indicted for crimes that were previously described by the media as selling kids for cash.
Independent Paralegal Services, like Mr. Martin’s help that portion of the public left on the wayside (the majority of the people); and services like his are critical to our society if we are to live up to our constitutional creed of Liberty and Justice, for all. To date, that creed has been molested by the legal community at large.
Not only do we need Mr. Martin and solo paralegals like him; but the competition and much needed service that he injects into the marketplace is as American as apple pie – its called capitalism. Capitalism and its cousin Competition have always been good for America.
You can help Mr. Martin by writing a letter asking that actions against Mr. Martin be dismissed. Address your letter to:
John S. Gleason
Regulation Counsel
Colorado Supreme Court
Office of Attorney Regulation Counsel
1560 Broadway, Suite 1800
Denver, Colorado 80202
Telephone: (303) 866-6400 or 1-877-888-1370
I'd much rather see the Office of Attorney Regulation, regulate skyrocketing attorney fees, rather than harass honest hard working citizens like Mr. Martin.
Ms. Glascoe may be reached at info@thejusticegame.net
Saturday, October 31, 2009
Monday, October 26, 2009
Helping Pro Se Litigants Help Themselves by Maryland Legal Assistance Network
Helping Pro Se Litigants to Help Themselves
This outline is designed to provide a brief overview of the trends in pro se litigation and the responses by the courts and the legal community, particularly in the area of technology. It is complemented by material on two websites.
www.unbundledlaw.com www.peoples-law.org
Maryland Legal Assistance Network/MLSC
Ayne H. Crawley acrawley@mdjustice.org 410-576-9494
Trends in Pro Se Litigation
It is the common experience of most court system in the United States that there has been a rising tide of pro se litigants flooding a justice system designed, in large part, for the traditional full representation model. Virtually all aspects of the system, from the rules to the training of judges and court staff to the physical layout of the courthouses themselves, have been oriented to cases in which knowledgeable attorneys represent the parties. The Conference of State Court Administrators recently characterized this trend as “ unprecedented and showing no signs of abating.”
WHAT IS THE NATIONAL PICTURE ON PRO SE LITIGATION?
(National Center on State Courts study of 16 large urban trial courts in 1991-1992 – Domestic Relations cases)
• 71% of cases had at least one unrepresented party. In 18% both parties were pro se litigants. (Both parties had
counsel in only 28% of cases.)
• The percentage of cases where both parties were pro se ranged from 1% in Dayton, OH to 47% in Oakland, CA
• The percentage of cases where both parties were represented ranged from 12% in Washington, DC to 47% in Des Moines, Iowa
(A California study of family matters from 1991 to 1995 found the following)
• One party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases.
• California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.
A 1998 study by the Boston Bar Association found that 66% of the cases in Probate and Family Court in Boston involved at least 1 pro se party.
(Pro se litigation study on tort and general civil litigation in 45 urban trial courts reported in the Justice Statistics – Special report April 1995)
• Average of 3% of all tort cases had at least one pro se party
• In Chicago 30% (in 1994 and 25% in 1995) of all new general civil actions field for less than $10,000 of damages were filed pro se. Landlord tenant actions were filed pro se 28% of the time. In Maricopa County in Arizona the incidence of pro se litigants doubled in the period between 1980 (24% of cases had 1 pro se litigant) and 1985 (where the rate had reached 47%). By 1990, 88% of the cases involved at least one pro se litigant and no lawyers were involved in more than half of the divorces.
WHO GOES PRO SE?
(ABA Study of Family Law Pro Se, Maricopa County, AZ, 1993)
• Tend to have lower income ($50,000 or less in income substantially increases chances of pro se), but 20% said they could afford a lawyer
• Younger in age
• Higher Education (Most have some college)
• No children
• No real estate or personal property
• Married less than 10 years
WHY DO PEOPLE CHOOSE PRO SE?
(Data from the 1996 report of the Pro Se project operated by the University Of Maryland Law School)
• 57% said they could not afford a lawyer
• 18% said they did not wish to spend the money to hire a lawyer
• 21% said they believed that their case was simple and therefore they did not need an attorney
A 1998 ABA-commissioned study found some public beliefs that may influence the choice:
• 78% believe “It takes too long for the courts to do the job.”
• 77% believe “It costs too much to go to court.”
The 1994 ABA Study of Legal Needs found that:
• Predominate reasons for low-income households to not seeking legal help were:
• “it would not help”
• “costs too much”
• Predominate reasons for moderate-income households to not seeking legal help were:
• “”not really a problem”
• “can handle it on my own”
• “a lawyer cannot help”
Research in California indicates that pro per (pro se) representation is not solely due to financial limitations. And that “…a significant portion of the family law pro pers in California are not poor or poorly educated.” (Reported in the National Center on State Courts study of 16 large urban trial courts in 1991-1992 – Domestic Relations cases)
Attitudes toward Self-help and Control Over Problem-Solving - The consumer movement of the 1970’s appears to have been influential in creating a norm for empowering people to resolve their own problems. There is also widespread knowledge that an attorney is not required in order to go to court. In the American Bar Association’s Perceptions study, while only 26% were highly knowledgeable about the justice system, 88% of the respondents identified the following statement as inaccurate: “If you go to court, you are required to have a lawyer.”
The American Judicature Society report, Meeting the Challenge of Pro Se Litigation, identified anti-lawyer sentiment as well as the growth of do-it-yourself materials as key factors in the upward trend of pro se litigation.
There is also a perceived linkage between value and cost with the public identifying some areas as simple enough for self-representation. Do People Go Pro Se Because They Cannot Find a Lawyer? 69% agree with the statement that “It would be easy to get a lawyer if I need one.” (59% of those with income under $35,000) (ABA Legal Needs Study)
Attitudes toward Lawyers (ABA Legal Needs Study)
• 50% disagree that lawyers “try to help make a divorce simpler and less painful.” (21% were neutral)
• Interestingly there is more distrust that lawyers can “make a divorce simpler and less painful” among those with incomes above $75,000 (82%) than among those with income under $35,000 (63%).
• 45% believe that “Lawyers are more concerned with their own self promotion than their client’s best interest.”
(22% were neutral)
• 51% believe that “we would be better off with fewer lawyers”
• Overall, those with more experience with lawyers were more positive towards lawyers and the justice system.
This outline is designed to provide a brief overview of the trends in pro se litigation and the responses by the courts and the legal community, particularly in the area of technology. It is complemented by material on two websites.
www.unbundledlaw.com www.peoples-law.org
Maryland Legal Assistance Network/MLSC
Ayne H. Crawley acrawley@mdjustice.org 410-576-9494
Trends in Pro Se Litigation
It is the common experience of most court system in the United States that there has been a rising tide of pro se litigants flooding a justice system designed, in large part, for the traditional full representation model. Virtually all aspects of the system, from the rules to the training of judges and court staff to the physical layout of the courthouses themselves, have been oriented to cases in which knowledgeable attorneys represent the parties. The Conference of State Court Administrators recently characterized this trend as “ unprecedented and showing no signs of abating.”
WHAT IS THE NATIONAL PICTURE ON PRO SE LITIGATION?
(National Center on State Courts study of 16 large urban trial courts in 1991-1992 – Domestic Relations cases)
• 71% of cases had at least one unrepresented party. In 18% both parties were pro se litigants. (Both parties had
counsel in only 28% of cases.)
• The percentage of cases where both parties were pro se ranged from 1% in Dayton, OH to 47% in Oakland, CA
• The percentage of cases where both parties were represented ranged from 12% in Washington, DC to 47% in Des Moines, Iowa
(A California study of family matters from 1991 to 1995 found the following)
• One party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases.
• California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.
A 1998 study by the Boston Bar Association found that 66% of the cases in Probate and Family Court in Boston involved at least 1 pro se party.
(Pro se litigation study on tort and general civil litigation in 45 urban trial courts reported in the Justice Statistics – Special report April 1995)
• Average of 3% of all tort cases had at least one pro se party
• In Chicago 30% (in 1994 and 25% in 1995) of all new general civil actions field for less than $10,000 of damages were filed pro se. Landlord tenant actions were filed pro se 28% of the time. In Maricopa County in Arizona the incidence of pro se litigants doubled in the period between 1980 (24% of cases had 1 pro se litigant) and 1985 (where the rate had reached 47%). By 1990, 88% of the cases involved at least one pro se litigant and no lawyers were involved in more than half of the divorces.
WHO GOES PRO SE?
(ABA Study of Family Law Pro Se, Maricopa County, AZ, 1993)
• Tend to have lower income ($50,000 or less in income substantially increases chances of pro se), but 20% said they could afford a lawyer
• Younger in age
• Higher Education (Most have some college)
• No children
• No real estate or personal property
• Married less than 10 years
WHY DO PEOPLE CHOOSE PRO SE?
(Data from the 1996 report of the Pro Se project operated by the University Of Maryland Law School)
• 57% said they could not afford a lawyer
• 18% said they did not wish to spend the money to hire a lawyer
• 21% said they believed that their case was simple and therefore they did not need an attorney
A 1998 ABA-commissioned study found some public beliefs that may influence the choice:
• 78% believe “It takes too long for the courts to do the job.”
• 77% believe “It costs too much to go to court.”
The 1994 ABA Study of Legal Needs found that:
• Predominate reasons for low-income households to not seeking legal help were:
• “it would not help”
• “costs too much”
• Predominate reasons for moderate-income households to not seeking legal help were:
• “”not really a problem”
• “can handle it on my own”
• “a lawyer cannot help”
Research in California indicates that pro per (pro se) representation is not solely due to financial limitations. And that “…a significant portion of the family law pro pers in California are not poor or poorly educated.” (Reported in the National Center on State Courts study of 16 large urban trial courts in 1991-1992 – Domestic Relations cases)
Attitudes toward Self-help and Control Over Problem-Solving - The consumer movement of the 1970’s appears to have been influential in creating a norm for empowering people to resolve their own problems. There is also widespread knowledge that an attorney is not required in order to go to court. In the American Bar Association’s Perceptions study, while only 26% were highly knowledgeable about the justice system, 88% of the respondents identified the following statement as inaccurate: “If you go to court, you are required to have a lawyer.”
The American Judicature Society report, Meeting the Challenge of Pro Se Litigation, identified anti-lawyer sentiment as well as the growth of do-it-yourself materials as key factors in the upward trend of pro se litigation.
There is also a perceived linkage between value and cost with the public identifying some areas as simple enough for self-representation. Do People Go Pro Se Because They Cannot Find a Lawyer? 69% agree with the statement that “It would be easy to get a lawyer if I need one.” (59% of those with income under $35,000) (ABA Legal Needs Study)
Attitudes toward Lawyers (ABA Legal Needs Study)
• 50% disagree that lawyers “try to help make a divorce simpler and less painful.” (21% were neutral)
• Interestingly there is more distrust that lawyers can “make a divorce simpler and less painful” among those with incomes above $75,000 (82%) than among those with income under $35,000 (63%).
• 45% believe that “Lawyers are more concerned with their own self promotion than their client’s best interest.”
(22% were neutral)
• 51% believe that “we would be better off with fewer lawyers”
• Overall, those with more experience with lawyers were more positive towards lawyers and the justice system.
Monday, October 19, 2009
How to Screw Up Your Case in Five Easy Lessons
Most judges loathe pro se litigants. Sometimes this is legitimate. Pro se litigants make the judge's job harder because they usually don't know the rules or the legal culture. This means the case frequently takes more of their time than one with two knowledgeable lawyers involved. Also, pro se litigants are sometimes harder to control. After all, if a judge is getting mad and ready to throw the book at a lawyer, the lawyer may think about the next 15 cases that he is going to have before the same judge and bite his tongue a bit. The pro se litigant, who hopes he will never have to see this judge again, may go on blundering into a buzz saw without knowing any better.
The other reason judges hate pro se litigants, however, is that there are certain patterns which individuals who represent themselves tend to repeat over and over and over again, most of which make cases much more difficult.
If you really want to mess up your case, try one of the following:
Perry Mason Wannabes
Say you have always wished you had gone to law school. Perhaps you were a Perry Mason or Divorce Court junkie when you were a kid, and the real reason you want to limit legal services and represent yourself is so that you can play lawyer. DON'T. This isn't about giving rein to your ego or fantasy life. If you do, you are certain to be unsuccessful in court and embarrassed for making a fool of yourself. Remember, you are a litigant who is representing himself. Don't try to be an attorney, or they will make mincemeat of you. Besides, after you have done it a few times, the joys of arguing in court are highly overrated,
Whine
Nothing will brand you more quickly as a difficult litigant and make the judge stop listening than if you want to use your day in court to cash in on all the "brown stamps" you have been collecting on your spouse through 15 years of marriage. If you are going to handle your own court appearances, find out in advance what is legally relevant and what is not, and limit yourself to the former. It may feel great to complain to an audience about the miserable failings of your spouse, but if you do, you will lose not only the audience but, most likely, your case.
Also, if you tick one judge off by your behavior, and then get transferred to another judge, don't assume there isn't carry over. The courthouse is a workplace much as any other. Once a case or litigant is labeled a "problem" that may well carry from court to court via the grapevine. You may well find the next judge even less sympathetic than the first.
One of the best uses you can make of your consulting attorney is as a sounding board, and let her coach you as to what is or is not useful for the judge to hear.
Also, do what the lawyers do. Watch the judge and look for signals. If the judge is losing patience with you or telling you to change the subject, change the subject. You will never score points with the judge by disregarding her instructions.
Expect the Courts to Make Up for Your Inexperience
Some courts will loosen the rules a little for pro se litigants (to the disgust of Opposing counsel, I might add). However, don't expect much. Judges are sworn to be evenhanded and fair to both sides. They may intervene if your opposing counsel is running you ragged with esoterica, but they won't (read: can't) do your work for you, and you should not expect it. Most of them will make a point of being absolutely impartial and won't cut you any slack whatsoever. Therefore, do your homework and expect that you will be held to the standard of any other litigant, represented or not.
Turn In Sloppy or Illegible Paperwork or Don't Serve Opposing Counsel With a Copy
This is guaranteed to make a judge nuts. I have already said that legal drafting is tricky. It needs to be clear and legible and the opposing side (whether represented or not) must be provided with a copy of whatever you file with the court. Rules vary from state to state and even county to county, but most of them require that documents be filed and served several days before any court appearance. Find out the rules, including the local variations, and adhere to them. Just because you are not a lawyer does not mean that a judge is not going to apply the rules and expect you to play by them. The worst of all possible results is that your paperwork is thrown out and you lose the case because you forgot to serve the other side or because it is so sloppy the judge can't read it.
This is particularly important when it comes to drafting orders. You have no idea how disastrous a badly-drafted order is when you later attempt to enforce it, and just because you think you know what it means doesn't guarantee that the judge will interpret it that way. It may also surprise you to learn that many experienced attorneys do lousy paperwork. Imagine how much harder it is to fill out the form properly if you have never seen it before.
Similarly, when a pro se litigant pulls out a shoebox full of receipts instead of properly prepared exhibits, any judge is going to inwardly groan. Be organized and do it right if you are going to do it at all.
Argue With the Judge
They HATE this. In some courts, it can get you held in contempt. Be courteous and professional. Plan on spending a lot of time hanging around the courthouse (without the kids, of course) if your case is being litigated. Educate yourself on the court procedures which apply to your case and, if possible, watch the judge who will be hearing it. You will learn a great deal about how he runs his courtroom and which arguments he responds to most favorably.
A particularly ineffective pro se trait is to raise your voice louder and louder as you repeat the arguments the judge has already rejected. Don't do it.
Finally, be realistic about what relief the court can and cannot grant. Many people are incredibly naive on this point and expect all sorts of things that the courts simply aren't equipped to deliver. Find out what is realistic and what is not and concentrate on the former. Above all, remember that if you are losing, you will never change the judge's opinion by arguing with him.
The following article was published by: ParentingPlan.net
The other reason judges hate pro se litigants, however, is that there are certain patterns which individuals who represent themselves tend to repeat over and over and over again, most of which make cases much more difficult.
If you really want to mess up your case, try one of the following:
Perry Mason Wannabes
Say you have always wished you had gone to law school. Perhaps you were a Perry Mason or Divorce Court junkie when you were a kid, and the real reason you want to limit legal services and represent yourself is so that you can play lawyer. DON'T. This isn't about giving rein to your ego or fantasy life. If you do, you are certain to be unsuccessful in court and embarrassed for making a fool of yourself. Remember, you are a litigant who is representing himself. Don't try to be an attorney, or they will make mincemeat of you. Besides, after you have done it a few times, the joys of arguing in court are highly overrated,
Whine
Nothing will brand you more quickly as a difficult litigant and make the judge stop listening than if you want to use your day in court to cash in on all the "brown stamps" you have been collecting on your spouse through 15 years of marriage. If you are going to handle your own court appearances, find out in advance what is legally relevant and what is not, and limit yourself to the former. It may feel great to complain to an audience about the miserable failings of your spouse, but if you do, you will lose not only the audience but, most likely, your case.
Also, if you tick one judge off by your behavior, and then get transferred to another judge, don't assume there isn't carry over. The courthouse is a workplace much as any other. Once a case or litigant is labeled a "problem" that may well carry from court to court via the grapevine. You may well find the next judge even less sympathetic than the first.
One of the best uses you can make of your consulting attorney is as a sounding board, and let her coach you as to what is or is not useful for the judge to hear.
Also, do what the lawyers do. Watch the judge and look for signals. If the judge is losing patience with you or telling you to change the subject, change the subject. You will never score points with the judge by disregarding her instructions.
Expect the Courts to Make Up for Your Inexperience
Some courts will loosen the rules a little for pro se litigants (to the disgust of Opposing counsel, I might add). However, don't expect much. Judges are sworn to be evenhanded and fair to both sides. They may intervene if your opposing counsel is running you ragged with esoterica, but they won't (read: can't) do your work for you, and you should not expect it. Most of them will make a point of being absolutely impartial and won't cut you any slack whatsoever. Therefore, do your homework and expect that you will be held to the standard of any other litigant, represented or not.
Turn In Sloppy or Illegible Paperwork or Don't Serve Opposing Counsel With a Copy
This is guaranteed to make a judge nuts. I have already said that legal drafting is tricky. It needs to be clear and legible and the opposing side (whether represented or not) must be provided with a copy of whatever you file with the court. Rules vary from state to state and even county to county, but most of them require that documents be filed and served several days before any court appearance. Find out the rules, including the local variations, and adhere to them. Just because you are not a lawyer does not mean that a judge is not going to apply the rules and expect you to play by them. The worst of all possible results is that your paperwork is thrown out and you lose the case because you forgot to serve the other side or because it is so sloppy the judge can't read it.
This is particularly important when it comes to drafting orders. You have no idea how disastrous a badly-drafted order is when you later attempt to enforce it, and just because you think you know what it means doesn't guarantee that the judge will interpret it that way. It may also surprise you to learn that many experienced attorneys do lousy paperwork. Imagine how much harder it is to fill out the form properly if you have never seen it before.
Similarly, when a pro se litigant pulls out a shoebox full of receipts instead of properly prepared exhibits, any judge is going to inwardly groan. Be organized and do it right if you are going to do it at all.
Argue With the Judge
They HATE this. In some courts, it can get you held in contempt. Be courteous and professional. Plan on spending a lot of time hanging around the courthouse (without the kids, of course) if your case is being litigated. Educate yourself on the court procedures which apply to your case and, if possible, watch the judge who will be hearing it. You will learn a great deal about how he runs his courtroom and which arguments he responds to most favorably.
A particularly ineffective pro se trait is to raise your voice louder and louder as you repeat the arguments the judge has already rejected. Don't do it.
Finally, be realistic about what relief the court can and cannot grant. Many people are incredibly naive on this point and expect all sorts of things that the courts simply aren't equipped to deliver. Find out what is realistic and what is not and concentrate on the former. Above all, remember that if you are losing, you will never change the judge's opinion by arguing with him.
The following article was published by: ParentingPlan.net
Monday, October 12, 2009
Pro Se Litigants in Family Court
Why are there so many Pro Se Litigants in Family Court? More and more people are representing themselves in court, throughout the United States Family Court cases have seen an increase of Pro Se Litigants of almost 60% representing themselves without an attorney. In California it is estimated that almost 80% of all divorces are now none contested. It appears this increase of Pro Se Litigants is the results of many factors:
1) An increase of having access to information on the Internet.
2) Legal forms online or at the court house are more available to Pro Se Litigants.
3) Continued increase of attorneys fees and not being able to afford an attorney.
Pro Se Litigants face a number of problems and disadvantages in Family Court, one disadvantage is our legal system is not designed to accommodate Pro Se Litigants without attorneys. A large number of low income Pro Se Litigants are confused about the law, court courtesy, limited or no literacy of court procedures and language barriers are just a few of the problems Pro Se Litigants face in Family Court.
Making legal services more affordable to all consumers I believe would close the gap between those who are represented by attorneys and those who are forced to become Pro Se Litigants. An example of affordable legal services is when an attorney is "Unbundling" their legal services for all and this would reduce the total costs of representation. Pro Se Litigants will always represent themselves in court, the issue is the increasing number of Pro Se Litigants.
1) An increase of having access to information on the Internet.
2) Legal forms online or at the court house are more available to Pro Se Litigants.
3) Continued increase of attorneys fees and not being able to afford an attorney.
Pro Se Litigants face a number of problems and disadvantages in Family Court, one disadvantage is our legal system is not designed to accommodate Pro Se Litigants without attorneys. A large number of low income Pro Se Litigants are confused about the law, court courtesy, limited or no literacy of court procedures and language barriers are just a few of the problems Pro Se Litigants face in Family Court.
Making legal services more affordable to all consumers I believe would close the gap between those who are represented by attorneys and those who are forced to become Pro Se Litigants. An example of affordable legal services is when an attorney is "Unbundling" their legal services for all and this would reduce the total costs of representation. Pro Se Litigants will always represent themselves in court, the issue is the increasing number of Pro Se Litigants.
Monday, October 5, 2009
Expunge Criminal Records - An Expert Guide by James Calvin
Expungement of criminal records is the process of clearing an individual's records of a crime committed. There are several other terms used to describe the expungement of criminal records. Often, it is used in correlation with sealing, destruction, or return to the subject of individual criminal records kept by government agencies.
Expungement of Criminal Records - An Overview
To expunge criminal records is to involve a trade-off between competing interests. An individual would like to pursue employment, housing, or other major life activities without the stigma of an arrest record or a record of conviction. On the other hand, society has an interest in maintaining criminal records histories for purposes of future crime investigations and in order to make hiring, rental, and other decisions about individuals. Statutes and cases reflect the tension between these interests.
There are ways for you to expunge your criminal records. In reality, by statute and by inherent judicial authority, criminal records may be expunged.
What is Expungement of Criminal Records?
Expungement of criminal records can mean to seal or destroy these records, or return it to the subjects of the records. The exact remedy in a given situation depends on statutory provisions or the court's interpretation of its inherent power.
How Criminal Records are Expunged
Although states generally differ in how they expunge records, by most statutes, arrest records held by law enforcement must be returned to an arrested individual if proceedings are determined in the individual's favor before specified stages of the criminal justice process. This means that the individual has the right to have his criminal records of arrest expunged if no further evidence is found incriminating his involvement in the crime in question and if no other criminal justice action is pursued.
Expungement of Criminal Records - An Overview
To expunge criminal records is to involve a trade-off between competing interests. An individual would like to pursue employment, housing, or other major life activities without the stigma of an arrest record or a record of conviction. On the other hand, society has an interest in maintaining criminal records histories for purposes of future crime investigations and in order to make hiring, rental, and other decisions about individuals. Statutes and cases reflect the tension between these interests.
There are ways for you to expunge your criminal records. In reality, by statute and by inherent judicial authority, criminal records may be expunged.
What is Expungement of Criminal Records?
Expungement of criminal records can mean to seal or destroy these records, or return it to the subjects of the records. The exact remedy in a given situation depends on statutory provisions or the court's interpretation of its inherent power.
How Criminal Records are Expunged
Although states generally differ in how they expunge records, by most statutes, arrest records held by law enforcement must be returned to an arrested individual if proceedings are determined in the individual's favor before specified stages of the criminal justice process. This means that the individual has the right to have his criminal records of arrest expunged if no further evidence is found incriminating his involvement in the crime in question and if no other criminal justice action is pursued.
Monday, September 28, 2009
Do I Really Need An Attorney to Prepare my Non-contested Legal Documents
As I write this Blog I have to ask myself how many people pay for unnecessary attorney fees on Non-contested matters in court? To all Pro Se Litigants who are choosing to represent themselves in court my Blog is for you and it is up to you to make that call. The following article puts the Legal Services Industry in perspective when it comes to the abundance of overcharging everyday people attorneys fees.
According to the US Census Bureau, the legal services industry in the United States generated approximately $184 billion in revenue in 2002. This figure includes revenue generated from law-firms, solo practitioners, title and abstract companies and various other organizations that provide assorted legal services. Also, according to the US Bureau of Labor Statistics (BLS), the legal services industry grew at an approximate annual rate of 6.75% it is contented that this industry is likely to grow at 6% per year for the next decade, 2006-2015.
Today, more people are choosing to represent themselves as Pro Se litigants in court and are not paying the traditional high cost of hiring an attorney to prepare simple Do It Your Self legal documents. People are saving hundreds even thousands of dollars by handling their legal issues themselves and for many consumers, having their simple legal documents prepared by a paralegal is a needed service at a cost which is much less than the cost of traditional legal fees. While the demand for Self Help, Pro Se is reaching an all-time high, an overwhelming number of people do not know where to go to get help.
"The paralegal profession is projected to grow much faster than average (27% or more) compared with other occupations through 2014. A growing number of experienced paralegals are expected to establish their own businesses". Bureau of Labor Statistics, U.S. Department of Labor Occupational Outlook Handbook, 2006-07 Edition Paralegals and Legal Assistants
I have been an independent certified paralegal for 25 years. I have seen it all and heard it all from attorneys about why people who have Non-contested matters still need an attorney to represent them in court. I am not writing this Blog to undermine attorneys or the legal profession, I am just stating my opinion. I have been a professional in the legal services industry and have seen many good things as well as not so many good things when it comes to people needing help with basic Non-contested legal documents that they needed help with to be filed in a court. A person that chooses to represent themselves in a Non-contested court matter has a Constitutional right to do so and they are more than likely doing so because they do not have a full understanding of the law or in most cases they just cannot afford an attorney to represent them in court. I believe that if everyday people where educated on the options they have they would continue to make the right decision regarding being represented by an attorney on Non-contested matters in court or have a Paralegal prepare their Non-contested legal documents for a much lower price then traditional attorney fees.
I have heard the argument from attorneys that Legal Document Preparation Companies are in the business of "Unauthorized Practice of Law" (UPL) because they continue to mis-represent people by saying they are attorneys. In my opinion an attorney should never be threatened by any Legal Document Preparation Company and in fact if attorneys where to use Legal Document Preparation Companies to their advantage, I believe that most people not needing representation in court would consult an attorney first before going to the option of a Paralegal or Legal Document Preparation Company. Paralegals and Legal Document Preparation Companies provide a service that everyday people on Non-contested matters can afford and want to have quality preparation of Non-contested legal documents. I do not believe the hype of attorneys trying to shut down and go after Paralegals and Legal Document Preparation Companies for the "Unauthorized Practice of Law" (UPL). In all fairness to Paralegals and Legal Document Preparation Companies you have bad seeds and mis-representation in all areas of the Legal Services Industry but to try and shut down a legal services provider that offers services which people can afford and is helping people who probably would not be able to get help from an attorney is a very, I mean very bad ideal and the Supreme Court has spoken regarding this issues:
WHAT DO THE COURTS SAY ABOUT PARALEGALS?
In 1989, the United States Supreme Court issued a landmark decision awarding fees for paralegal time at market rates. Source: Missouri v. Jenkins, 491 U.S. Ct. 2463, 2471, n. 10 (9).
"Justice Brennan stated: Encouraging the use of lower cost paralegals rather than attorneys whenever possible "encourages cost-effective delivery of legal services..."
In Harris Trust & Svgs. Bank v. American Nat’l Bank & Trust Co. of Chicago, 230 Ill.App.3d 591, 595 (1st Dist. 1992), the court considered facts such as the skills and qualifications of the legal professionals, the nature of the case, the novelty and difficulty of the issues involved, the degree of responsibility required, and the usual and customary charges for similar services. It stands to reason that the court would consider a “certified” paralegal as having the skills and qualifications necessary to warrant the awarding of paralegal fees.
In re: Opinion 24 of the Committee on the Unauthorized Practice of Law, 128 N.J. 114 (1992). "We conclude that given the appropriate instructions and supervision, paralegals, whether employees or independent contractors, are valuable and necessary members in the effective and efficient practice of law.
Paralegals are filling the void that a lot of attorneys have created because of this unequal balance of working for the best interest of people verses charging unfair attorney fees to people who cannot afford to pay for an attorney. I have always believed that regardless of Economics everyone has the right to have access to quality legal services when representing themselves in court and money should never become a barrier between people representing themselves in court. I will make sure that those who cannot afford an attorney for basic legal document preparation have an option to have their legal documents prepared in a fair, timely, professional and quality manner. If you are a Pro Se Litigant and have decided to represent yourself in court on a Non-Contested court matter, than by all means its your right. I will say this, for attorneys who are going to read this Blog, please do not try and tell me that I am practicing "Unauthorized Practice of Law"(UPL), I have been a paralegal for too long and I have an obligation to all Pro Se Litigants who need legal services at a price they can afford.
According to the US Census Bureau, the legal services industry in the United States generated approximately $184 billion in revenue in 2002. This figure includes revenue generated from law-firms, solo practitioners, title and abstract companies and various other organizations that provide assorted legal services. Also, according to the US Bureau of Labor Statistics (BLS), the legal services industry grew at an approximate annual rate of 6.75% it is contented that this industry is likely to grow at 6% per year for the next decade, 2006-2015.
Today, more people are choosing to represent themselves as Pro Se litigants in court and are not paying the traditional high cost of hiring an attorney to prepare simple Do It Your Self legal documents. People are saving hundreds even thousands of dollars by handling their legal issues themselves and for many consumers, having their simple legal documents prepared by a paralegal is a needed service at a cost which is much less than the cost of traditional legal fees. While the demand for Self Help, Pro Se is reaching an all-time high, an overwhelming number of people do not know where to go to get help.
"The paralegal profession is projected to grow much faster than average (27% or more) compared with other occupations through 2014. A growing number of experienced paralegals are expected to establish their own businesses". Bureau of Labor Statistics, U.S. Department of Labor Occupational Outlook Handbook, 2006-07 Edition Paralegals and Legal Assistants
I have been an independent certified paralegal for 25 years. I have seen it all and heard it all from attorneys about why people who have Non-contested matters still need an attorney to represent them in court. I am not writing this Blog to undermine attorneys or the legal profession, I am just stating my opinion. I have been a professional in the legal services industry and have seen many good things as well as not so many good things when it comes to people needing help with basic Non-contested legal documents that they needed help with to be filed in a court. A person that chooses to represent themselves in a Non-contested court matter has a Constitutional right to do so and they are more than likely doing so because they do not have a full understanding of the law or in most cases they just cannot afford an attorney to represent them in court. I believe that if everyday people where educated on the options they have they would continue to make the right decision regarding being represented by an attorney on Non-contested matters in court or have a Paralegal prepare their Non-contested legal documents for a much lower price then traditional attorney fees.
I have heard the argument from attorneys that Legal Document Preparation Companies are in the business of "Unauthorized Practice of Law" (UPL) because they continue to mis-represent people by saying they are attorneys. In my opinion an attorney should never be threatened by any Legal Document Preparation Company and in fact if attorneys where to use Legal Document Preparation Companies to their advantage, I believe that most people not needing representation in court would consult an attorney first before going to the option of a Paralegal or Legal Document Preparation Company. Paralegals and Legal Document Preparation Companies provide a service that everyday people on Non-contested matters can afford and want to have quality preparation of Non-contested legal documents. I do not believe the hype of attorneys trying to shut down and go after Paralegals and Legal Document Preparation Companies for the "Unauthorized Practice of Law" (UPL). In all fairness to Paralegals and Legal Document Preparation Companies you have bad seeds and mis-representation in all areas of the Legal Services Industry but to try and shut down a legal services provider that offers services which people can afford and is helping people who probably would not be able to get help from an attorney is a very, I mean very bad ideal and the Supreme Court has spoken regarding this issues:
WHAT DO THE COURTS SAY ABOUT PARALEGALS?
In 1989, the United States Supreme Court issued a landmark decision awarding fees for paralegal time at market rates. Source: Missouri v. Jenkins, 491 U.S. Ct. 2463, 2471, n. 10 (9).
"Justice Brennan stated: Encouraging the use of lower cost paralegals rather than attorneys whenever possible "encourages cost-effective delivery of legal services..."
In Harris Trust & Svgs. Bank v. American Nat’l Bank & Trust Co. of Chicago, 230 Ill.App.3d 591, 595 (1st Dist. 1992), the court considered facts such as the skills and qualifications of the legal professionals, the nature of the case, the novelty and difficulty of the issues involved, the degree of responsibility required, and the usual and customary charges for similar services. It stands to reason that the court would consider a “certified” paralegal as having the skills and qualifications necessary to warrant the awarding of paralegal fees.
In re: Opinion 24 of the Committee on the Unauthorized Practice of Law, 128 N.J. 114 (1992). "We conclude that given the appropriate instructions and supervision, paralegals, whether employees or independent contractors, are valuable and necessary members in the effective and efficient practice of law.
Paralegals are filling the void that a lot of attorneys have created because of this unequal balance of working for the best interest of people verses charging unfair attorney fees to people who cannot afford to pay for an attorney. I have always believed that regardless of Economics everyone has the right to have access to quality legal services when representing themselves in court and money should never become a barrier between people representing themselves in court. I will make sure that those who cannot afford an attorney for basic legal document preparation have an option to have their legal documents prepared in a fair, timely, professional and quality manner. If you are a Pro Se Litigant and have decided to represent yourself in court on a Non-Contested court matter, than by all means its your right. I will say this, for attorneys who are going to read this Blog, please do not try and tell me that I am practicing "Unauthorized Practice of Law"(UPL), I have been a paralegal for too long and I have an obligation to all Pro Se Litigants who need legal services at a price they can afford.
Monday, September 21, 2009
How To Work With A Paralegal
By CASEY CLARK-NEY
If you are looking for an affordable method to file for divorce, using a paralegal may be the way to go.
Amy Wishart of Do It Yourself Documents has worked as a paralegal in the state of Washington for several years. Wishart said she provides a service that saves people time and money. “The main benefit is the savings as whole,” Wishart said. “If they have nothing to divide then it’s the easiest and most inexpensive way to get a divorce.”
According to Wishart, most paralegals charge anywhere from $150 to several hundred dollars to prepare divorce documents. The charge does not include the state’s filing fee, which depends on the state. For Washington, it costs $250 to file for divorce, she said.
While paralegals can help save a divorcing couple a lot of money, Wishart warns, the duo must be in agreement on all terms of the divorce. “In using a paralegal they either have to be in agreement, or they can’t find the other person so they know they will serve by publication and the other person won’t respond because the paralegal cannot give legal advice,” Wishart said.
PARALEGAL DEFINED
According to the National Federation of Paralegal Associations, there is no one definition that best describes the term paralegal. Instead, each state has its own legal understanding of the word. For Wishart, being a paralegal means knowing and understanding the legal processes. “A paralegal can do everything an attorney can do except give legal advice or step inside a court,” she said.
There are two types of paralegals. Wishart is an independent paralegal that prepares documents for individuals who retain her services. There are also paralegals that work for attorneys and can therefore speak on behalf of their employer, Wishart said.
Along with the definition, states also have separate certification or licensing processes for paralegals. Some states do not even require a paralegal to hold a certificate, Wishart said. Because paralegals are not legally allowed to provide their clients with advice, Wishart said many independent paralegals avoid direct contact with their customers. “Somebody who prepares documents can’t give advice, but they have the knowledge,” Wishart said. “It’s a very fine line that cannot be crossed.”
To avoid crossing that line, Wishart, as with many paralegals, has her clients fill out and submit a questionnaire. She then uses the information provided to fill out the appropriate court documents, she said. “I use the questionnaire to avoid asking questions,” she said.
Danette Therkildsen, an independent paralegal with the Washington Divorce Service, agrees with Wishart. “I’m very careful not to give legal advice,” Therkildsen said. “It’s just complicated for people. It can be a real challenge.”
Therkildsen, who has worked as a paralegal for 30 years, goes as far as to include a disclaimer on the home page of her Web site that reads, “WashingtonDivorceSerivce.com does not give legal advice. You are purchasing a package of completed forms based on the information you provide. If you need legal advice, please contact an attorney.”
‘BUYER BEWARE’
According to Therkildsen, using a paralegal services has its pros, but potential clients should be cautious. “The good thing about paralegal services is the price,” she said. “But anyone can claim they are a paralegal. It is kind of a buyer beware situation.”
Therkildsen recommends starting the hunt for a paralegal with an Internet search. “You want to know if it’s a legitimate business,” she said. “What are their qualifications, experience? Are they licensed with the state?”
Both Therkildsen and Wishart also suggest checking with the Better Business Bureau to ensure there are no complaints against the company. Even if you use an online service, call and talk to someone at the service,” Wishart said. “There are a lot of unscrupulous people out there.”
Therkildsen said finding a qualified paralegal is extremely important. She has seen cases of individuals posing as paralegals who will take their client’s money and nothing more. Other supposed paralegal services simply sell the documents needed to file for bankruptcy and mail the blank forms to the client. “My pet peeve is people who claim to be a paralegal and sell the documents you can get off the state’s Web site for free,” Therkildsen said.
THE DIVORCE PROCESS
Once a couple has selected a paralegal to assist with their divorce, the process is fairly painless. “They fill out a very simple questionnaire,” Wishart said. “It asks for names, birthdays, personal information, how they want the property divided. All the services do the same thing.”
Once the paperwork is filled out, Therkildsen said she returns the documents to the client and they sign and submit them to the court. “I don’t meet with the people, everything is done on the Internet,” Therkildsen said.
Ironically, Therkildsen said it is not uncommon for her clients to hold off on filing the papers. “Some people sit on their paperwork for months,” she said. Once the papers are signed and submitted, Therkildsen said the couple would most likely have to appear in court. “Most courts require you to walk the papers through,” she said.
In the state of Washington, couples seeking a divorce must wait 90 days for the request to be granted. “There is no shortening of time-period … it’s 90 days mandatory,” Wishart said. “It’s a cooling off period. That is its intent.”
According to Wishart, most states have some form of waiting period that ranges between 90 days and six months. Once the period is up, the couple appears in court. “If they appear before the judge, they have to go in, ask a few questions and the judge signs the documents,” Wishart said.
This, however, is not always the case. Take for example the Lincoln County Court in Washington. “Everything is through the mail … people don’t have to go to court,” Wishart said of Lincoln County Court. “The judge signs documents on Mondays. Any other court, at the end of the 90 days, the individuals have to go into the court themselves and have a hearing set.”
FASTER DIVORCE?
Therkildsen views the Lincoln County Court as an asset, but did say an all-mail court is always the way to go. “Lincoln County is a good place to file if you are filing without kids,” she said. For situates that are not as cut and dry, even when amicable, Therkildsen recommends using a traditional court. Her recommendation is based on the need to physically visit a courtroom in the event of a disagreement after the divorce is finalized.
For example, ex-spouses who later disagree on their parenting plan can’t litigate in a near-virtual courtroom. The venue of the case would have to take place at the expense of attorney fees. However, the overall effectiveness of a mail-in court is top notch, Therkildsen said.
As a whole, Wishart said the divorce process done through a paralegal tends to be faster for a variety of reasons. First, paralegals are not tied to court schedules and client meetings the way traditional attorneys are. “I don’t have other cases that will hold me, I don’t have to go to court,” she said.
Additionally, divorces done through a paralegal are amicable, which naturally speeds up the process because there are no objections and court hearings. “We can prepare the documents, get them filed, but if the other party objects, we are done,” Wishart said.
At the end of the day, paralegal services are a good fit for a certain group of people. Couples who can agree on how they will parent their children and split their assets can utilize a paralegal to complete the divorce documents. Furthermore, the use of a paralegal saves everyone time and money. “It’s a very simple process for anybody who wants to get a divorce, legal separation or annulment,” Wishart said.
It is, however, important to understand that not all states allow paralegals the same rights in terms of filling out documents and assisting clients, Therkildsen said. To learn more about how you can utilize a paralegal in your state, contact the National Federation of Paralegal Services.
Casey Clark Ney holds a B.A. in Communication and has more than six years experience in newspaper and magazine writing. Her Web site can be viewed at www.CaseyClarkNey.com. E-mail correspondences can be sent to caseyclarkney@earthlink.net
If you are looking for an affordable method to file for divorce, using a paralegal may be the way to go.
Amy Wishart of Do It Yourself Documents has worked as a paralegal in the state of Washington for several years. Wishart said she provides a service that saves people time and money. “The main benefit is the savings as whole,” Wishart said. “If they have nothing to divide then it’s the easiest and most inexpensive way to get a divorce.”
According to Wishart, most paralegals charge anywhere from $150 to several hundred dollars to prepare divorce documents. The charge does not include the state’s filing fee, which depends on the state. For Washington, it costs $250 to file for divorce, she said.
While paralegals can help save a divorcing couple a lot of money, Wishart warns, the duo must be in agreement on all terms of the divorce. “In using a paralegal they either have to be in agreement, or they can’t find the other person so they know they will serve by publication and the other person won’t respond because the paralegal cannot give legal advice,” Wishart said.
PARALEGAL DEFINED
According to the National Federation of Paralegal Associations, there is no one definition that best describes the term paralegal. Instead, each state has its own legal understanding of the word. For Wishart, being a paralegal means knowing and understanding the legal processes. “A paralegal can do everything an attorney can do except give legal advice or step inside a court,” she said.
There are two types of paralegals. Wishart is an independent paralegal that prepares documents for individuals who retain her services. There are also paralegals that work for attorneys and can therefore speak on behalf of their employer, Wishart said.
Along with the definition, states also have separate certification or licensing processes for paralegals. Some states do not even require a paralegal to hold a certificate, Wishart said. Because paralegals are not legally allowed to provide their clients with advice, Wishart said many independent paralegals avoid direct contact with their customers. “Somebody who prepares documents can’t give advice, but they have the knowledge,” Wishart said. “It’s a very fine line that cannot be crossed.”
To avoid crossing that line, Wishart, as with many paralegals, has her clients fill out and submit a questionnaire. She then uses the information provided to fill out the appropriate court documents, she said. “I use the questionnaire to avoid asking questions,” she said.
Danette Therkildsen, an independent paralegal with the Washington Divorce Service, agrees with Wishart. “I’m very careful not to give legal advice,” Therkildsen said. “It’s just complicated for people. It can be a real challenge.”
Therkildsen, who has worked as a paralegal for 30 years, goes as far as to include a disclaimer on the home page of her Web site that reads, “WashingtonDivorceSerivce.com does not give legal advice. You are purchasing a package of completed forms based on the information you provide. If you need legal advice, please contact an attorney.”
‘BUYER BEWARE’
According to Therkildsen, using a paralegal services has its pros, but potential clients should be cautious. “The good thing about paralegal services is the price,” she said. “But anyone can claim they are a paralegal. It is kind of a buyer beware situation.”
Therkildsen recommends starting the hunt for a paralegal with an Internet search. “You want to know if it’s a legitimate business,” she said. “What are their qualifications, experience? Are they licensed with the state?”
Both Therkildsen and Wishart also suggest checking with the Better Business Bureau to ensure there are no complaints against the company. Even if you use an online service, call and talk to someone at the service,” Wishart said. “There are a lot of unscrupulous people out there.”
Therkildsen said finding a qualified paralegal is extremely important. She has seen cases of individuals posing as paralegals who will take their client’s money and nothing more. Other supposed paralegal services simply sell the documents needed to file for bankruptcy and mail the blank forms to the client. “My pet peeve is people who claim to be a paralegal and sell the documents you can get off the state’s Web site for free,” Therkildsen said.
THE DIVORCE PROCESS
Once a couple has selected a paralegal to assist with their divorce, the process is fairly painless. “They fill out a very simple questionnaire,” Wishart said. “It asks for names, birthdays, personal information, how they want the property divided. All the services do the same thing.”
Once the paperwork is filled out, Therkildsen said she returns the documents to the client and they sign and submit them to the court. “I don’t meet with the people, everything is done on the Internet,” Therkildsen said.
Ironically, Therkildsen said it is not uncommon for her clients to hold off on filing the papers. “Some people sit on their paperwork for months,” she said. Once the papers are signed and submitted, Therkildsen said the couple would most likely have to appear in court. “Most courts require you to walk the papers through,” she said.
In the state of Washington, couples seeking a divorce must wait 90 days for the request to be granted. “There is no shortening of time-period … it’s 90 days mandatory,” Wishart said. “It’s a cooling off period. That is its intent.”
According to Wishart, most states have some form of waiting period that ranges between 90 days and six months. Once the period is up, the couple appears in court. “If they appear before the judge, they have to go in, ask a few questions and the judge signs the documents,” Wishart said.
This, however, is not always the case. Take for example the Lincoln County Court in Washington. “Everything is through the mail … people don’t have to go to court,” Wishart said of Lincoln County Court. “The judge signs documents on Mondays. Any other court, at the end of the 90 days, the individuals have to go into the court themselves and have a hearing set.”
FASTER DIVORCE?
Therkildsen views the Lincoln County Court as an asset, but did say an all-mail court is always the way to go. “Lincoln County is a good place to file if you are filing without kids,” she said. For situates that are not as cut and dry, even when amicable, Therkildsen recommends using a traditional court. Her recommendation is based on the need to physically visit a courtroom in the event of a disagreement after the divorce is finalized.
For example, ex-spouses who later disagree on their parenting plan can’t litigate in a near-virtual courtroom. The venue of the case would have to take place at the expense of attorney fees. However, the overall effectiveness of a mail-in court is top notch, Therkildsen said.
As a whole, Wishart said the divorce process done through a paralegal tends to be faster for a variety of reasons. First, paralegals are not tied to court schedules and client meetings the way traditional attorneys are. “I don’t have other cases that will hold me, I don’t have to go to court,” she said.
Additionally, divorces done through a paralegal are amicable, which naturally speeds up the process because there are no objections and court hearings. “We can prepare the documents, get them filed, but if the other party objects, we are done,” Wishart said.
At the end of the day, paralegal services are a good fit for a certain group of people. Couples who can agree on how they will parent their children and split their assets can utilize a paralegal to complete the divorce documents. Furthermore, the use of a paralegal saves everyone time and money. “It’s a very simple process for anybody who wants to get a divorce, legal separation or annulment,” Wishart said.
It is, however, important to understand that not all states allow paralegals the same rights in terms of filling out documents and assisting clients, Therkildsen said. To learn more about how you can utilize a paralegal in your state, contact the National Federation of Paralegal Services.
Casey Clark Ney holds a B.A. in Communication and has more than six years experience in newspaper and magazine writing. Her Web site can be viewed at www.CaseyClarkNey.com. E-mail correspondences can be sent to caseyclarkney@earthlink.net
Monday, September 14, 2009
Martin Paralegal Services LLC works for Pro Se Litigants
Attorney fees, Attorney fees, Attorney fees! This is why Martin Paralegal Services LLC works for Pro Se Litigants, I have been a certified paralegal for 25 years and I have learned so much from working in the Criminal Justice System that I am committed to helping those consumers who represent themselves in court on Non-Contested legal matters. The number one complaint that I hear from Pro Se Litigants year after year is that they are tired of paying high cost attorney fees. If you are a Pro Se Litigant representing yourself on Non-Contested legal matters in court, you do not have to pay the traditional high cost of attorney fees that most large and small law firms charge.
Pro Se Litigants, Martin Paralegal Services LLC is your Informational Provider we believe in sharing legal information and helping educate Pro Se Litigants on their options to having to pay traditional high cost attorney fees. People are finding themselves in a variety of Non-Contested legal matters on a daily basis and people are starting to figure out and understand that Non-Contested legal matters do not require the representation of an attorney. Non-Contested legal matters are just that “Non-Contested”. Attorney fees range and vary from city to city and state to state, one of the most accepted rates of attorney fees is called the “Laffey Matrix” in the District of Columbia. These rates have been available since 1982 and continue to be updated every year. From June 2006 through May 2007 attorney fees were as follows: 20 plus years of experience $425 per hour, 11-19 years $375 per hour, 8-10 years $305 per hour, 4-7 years $245 per hour, 1-3 years $205 per hour, Paralegals & Law Clerks were able to bill out at $120 per hour.
What this means for Pro Se Litigants is that if you choose to have an attorney represent you on your Non-Contested legal matter you will pay between $120-$425 per hour. Some attorneys are charging more than the Laffey Matrix. Pro Se Litigants in the State of Colorado the Colorado Attorney Fees Initiative (2008) will give you an overview of attorney fees. Martin Paralegal Services will save Pro Se Litigants up to 85% of what they would pay for traditional attorney fees if you decide to do it yourself and this is why Martin Paralegal Services works for Pro Se Litigants.
Pro Se Litigants, Martin Paralegal Services LLC is your Informational Provider we believe in sharing legal information and helping educate Pro Se Litigants on their options to having to pay traditional high cost attorney fees. People are finding themselves in a variety of Non-Contested legal matters on a daily basis and people are starting to figure out and understand that Non-Contested legal matters do not require the representation of an attorney. Non-Contested legal matters are just that “Non-Contested”. Attorney fees range and vary from city to city and state to state, one of the most accepted rates of attorney fees is called the “Laffey Matrix” in the District of Columbia. These rates have been available since 1982 and continue to be updated every year. From June 2006 through May 2007 attorney fees were as follows: 20 plus years of experience $425 per hour, 11-19 years $375 per hour, 8-10 years $305 per hour, 4-7 years $245 per hour, 1-3 years $205 per hour, Paralegals & Law Clerks were able to bill out at $120 per hour.
What this means for Pro Se Litigants is that if you choose to have an attorney represent you on your Non-Contested legal matter you will pay between $120-$425 per hour. Some attorneys are charging more than the Laffey Matrix. Pro Se Litigants in the State of Colorado the Colorado Attorney Fees Initiative (2008) will give you an overview of attorney fees. Martin Paralegal Services will save Pro Se Litigants up to 85% of what they would pay for traditional attorney fees if you decide to do it yourself and this is why Martin Paralegal Services works for Pro Se Litigants.
Monday, September 7, 2009
Use a Paralegal Professional and Save Legal Fees by: Russell Clark
It is true to say that in the year 2007, the cost of legal aid has become so expensive that it is fast becoming out of the reach of most individuals and small businesses. This introduces significant problems to people and small companies which find themselves in the situation where they need to get expert legal advice. One option is the Do-It-Yourself (DIY) approach. This approach might work well when remodeling the house or servicing your car, but is fraught with dangers and difficulties when you need to deal with something as complex as the law. Getting it wrong can end up costing you, or your company, a lot of money. It can lead to bankruptcy, or worse still - a conviction and jail term.
Another solution is to use the services of those legal professionals who are not lawyers or attorneys but are still well trained in all aspects of law - the Paralegals. To enter the legal profession, paralegals undergo thorough training, often at law schools and universities, and need to register with various legal authorities who then issue them with a license permitting them to practice.
A common misconception is that you, the prospective client, cannot engage the services of a paralegal directly and need to first consult with lawyers or attorneys. This is just not true. There is nothing stopping you from seeking the assistance of a paralegal in the first instance.
Paralegals can do pretty much everything which attorneys and lawyers do except appearing in court and providing legal opinion. In fact when you engage the services of lawyers or attorneys, the chances are that they will have outsourced much of the research work to a paralegal anyway. Go direct to the paralegal and save!
As in the case of any legal professional consultation, the paralegal will meet with the client to conduct a preliminary interview. At the conclusion of this interview, the paralegal may decide that he/she is not suited to help you and would refer you to an attorney or lawyer for assistance. The very last thing a paralegal wants is to get into a situation where he can be sued by you for negligence. In this case it is best to cut your losses, pay the paralegal fee, and seek expert advice from a lawyer or attorney.
But if the paralegal decides that he can help you, you can be assured of getting expert legal advice for the fraction of the cost of the same advice from the more expensive lawyer or attorney.
Another solution is to use the services of those legal professionals who are not lawyers or attorneys but are still well trained in all aspects of law - the Paralegals. To enter the legal profession, paralegals undergo thorough training, often at law schools and universities, and need to register with various legal authorities who then issue them with a license permitting them to practice.
A common misconception is that you, the prospective client, cannot engage the services of a paralegal directly and need to first consult with lawyers or attorneys. This is just not true. There is nothing stopping you from seeking the assistance of a paralegal in the first instance.
Paralegals can do pretty much everything which attorneys and lawyers do except appearing in court and providing legal opinion. In fact when you engage the services of lawyers or attorneys, the chances are that they will have outsourced much of the research work to a paralegal anyway. Go direct to the paralegal and save!
As in the case of any legal professional consultation, the paralegal will meet with the client to conduct a preliminary interview. At the conclusion of this interview, the paralegal may decide that he/she is not suited to help you and would refer you to an attorney or lawyer for assistance. The very last thing a paralegal wants is to get into a situation where he can be sued by you for negligence. In this case it is best to cut your losses, pay the paralegal fee, and seek expert advice from a lawyer or attorney.
But if the paralegal decides that he can help you, you can be assured of getting expert legal advice for the fraction of the cost of the same advice from the more expensive lawyer or attorney.
Tuesday, September 1, 2009
What is a Non-Contested Divorce in Colorado?
Hello Pro Se Litigants, I am speaking from experience today when I discuss “What is a Non-Contested Divorce in Colorado” I was married for 15 years and I have four daughters when I got a divorce prior to May 2007. So what better way for Pro Se Litigants to get information on how a Non-contested divorce works in Colorado? The first thing that you will need to understand as a Pro Se Litigant is getting a Non-contested divorce can be a painless, no-stress process as long as you and your spouse “Agree” that your divorce will not become contested. I am not giving legal advice here I am only speaking from experience. Pro Se Litigants the courts in the State of Colorado do not, I repeat do not want to get involved and decide your financial affairs or parental responsibilities of your divorce. The courts would rather the couple agree and work out their own solutions before filing for divorce. I can tell you this Pro Se Litigants my ex-wife and I decided that we were not going to allow any attorneys become involved in and decide our private affairs and outcome of our divorce.
Pro Se Litigants this is how my divorce was decided: After you file for a divorce you will be required to attend a Initial Status Hearing Conference, the purpose of the Initial Status Hearing Conference is for you as a couple to meet and discuss any additional information that may have come up after you have filed for divorce. If you have children then both parties are required to attend a Parenting Class before the final hearing. If the couple continues to agree than your Final Hearing in front of the court will be set on or after the 91st day after you file. Pro Se Litigants this is how the process can work for you.
Getting a divorce is very stressful and very emotional for both husband and wife especially when there are children involved, but you have to remember that if you contest any part of your divorce after you file, then it is no longer considered Non-contested and be prepared to hire an attorney and pay attorneys fees. My divorce was filed February 2007 and my final divorce decree became final in May 2007, it cost less than $500 dollars. Pro Se Litigants what I learned being a Pro Se Litigant myself was that when couples come together and if they decide that getting a divorce is the only option I believe that couples will be better off deciding for themselves what the outcome will be, it is in their best interest to do so. Pro Se Litigants the more people you allow to make decisions for you the more money you are going to spend on attorneys fees it is that simple. I read an article recently which stated the following: “There is no such Thing as a Non-Contested Divorce” this article was written by a divorce attorney. I totally disagree with this article because it leads Pro Se Litigants to believe that the only option they have is to hire an attorney for their Non-contested divorce and that is not true. I can tell you that my divorce was 100% Non-contested and I am much better off now than having hired an attorney to take care of my best interest. Pro Se Litigants you have options on your Non-contested Divorce and that is always a good thing.
Pro Se Litigants this is how my divorce was decided: After you file for a divorce you will be required to attend a Initial Status Hearing Conference, the purpose of the Initial Status Hearing Conference is for you as a couple to meet and discuss any additional information that may have come up after you have filed for divorce. If you have children then both parties are required to attend a Parenting Class before the final hearing. If the couple continues to agree than your Final Hearing in front of the court will be set on or after the 91st day after you file. Pro Se Litigants this is how the process can work for you.
Getting a divorce is very stressful and very emotional for both husband and wife especially when there are children involved, but you have to remember that if you contest any part of your divorce after you file, then it is no longer considered Non-contested and be prepared to hire an attorney and pay attorneys fees. My divorce was filed February 2007 and my final divorce decree became final in May 2007, it cost less than $500 dollars. Pro Se Litigants what I learned being a Pro Se Litigant myself was that when couples come together and if they decide that getting a divorce is the only option I believe that couples will be better off deciding for themselves what the outcome will be, it is in their best interest to do so. Pro Se Litigants the more people you allow to make decisions for you the more money you are going to spend on attorneys fees it is that simple. I read an article recently which stated the following: “There is no such Thing as a Non-Contested Divorce” this article was written by a divorce attorney. I totally disagree with this article because it leads Pro Se Litigants to believe that the only option they have is to hire an attorney for their Non-contested divorce and that is not true. I can tell you that my divorce was 100% Non-contested and I am much better off now than having hired an attorney to take care of my best interest. Pro Se Litigants you have options on your Non-contested Divorce and that is always a good thing.
Tuesday, August 25, 2009
Martin Paralegal Services LLC offers Consumers Choice!!!
Martin Paralegal Services LLC is in the business of helping Pro Se Litigants who represent themselves in court, we also help consumers who need legal document preparation on non-court issues. We offer legal document preparation in the following areas: Appeals, Bankruptcy, Civil, Criminal, Domestic, Estate Planning, Foreclosures, Immigration & Naturalization, Juvenile, Personal Injury & Wrongful Death, Power of Attorneys, Probate, Small Claims, Subpoena and Wills. Our additional services include Business Plans for existing businesses, new businesses and start ups in any industry. We also provide Juvenile Justice System Consulting for those parents whose children are involved in the Juvenile Justice System; this is mostly for children who are on Diversion, Probation or Parole. We provide Professional Translations/Interpretation of all Business Documents, fluent in Reading, Speaking, Writing, English to Spanish and Spanish to English.
Martin Paralegal Services LLC will save consumers up to 85% of what they would pay in traditional attorney’s fees for the same services provided on Non-Contested matters. Martin Paralegal Services LLC believes that Pro Se Litigants are severely underrepresented when it comes to having their basic legal documents prepared in a fair, timely, professional and quality manner. Today’s consumers need to be made aware of the choices that they have, not everyone needs to have an attorney represent them in court on Non-Contested matters. Efrem B. Martin has been a certified paralegal for 25 years and understands the need of legal document preparation for Pro Se Litigants. Please feel free to contact us at our website www.martinparalegalservices.com or by telephone 720-980-7155. Pro Se Litigants allow Martin Paralegal Services LLC to be your first choice in preparing your Non-Contested legal documents. Efrem B. Martin BA, 25yrs Certified Paralegal & Owner of Martin Paralegal Services LLC
Martin Paralegal Services LLC will save consumers up to 85% of what they would pay in traditional attorney’s fees for the same services provided on Non-Contested matters. Martin Paralegal Services LLC believes that Pro Se Litigants are severely underrepresented when it comes to having their basic legal documents prepared in a fair, timely, professional and quality manner. Today’s consumers need to be made aware of the choices that they have, not everyone needs to have an attorney represent them in court on Non-Contested matters. Efrem B. Martin has been a certified paralegal for 25 years and understands the need of legal document preparation for Pro Se Litigants. Please feel free to contact us at our website www.martinparalegalservices.com or by telephone 720-980-7155. Pro Se Litigants allow Martin Paralegal Services LLC to be your first choice in preparing your Non-Contested legal documents. Efrem B. Martin BA, 25yrs Certified Paralegal & Owner of Martin Paralegal Services LLC
Monday, August 17, 2009
Independent Paralegals Improve Access to Justice
Jan 02, 2008
Paralegals who directly help consumers prepare their own divorce, estate planning, name change, and guardianship papers have been around for a long time. Usually, these paralegals gain their expertise from having worked for lawyers or having attended formal paralegal schools. Yet many lawyers have sought to drive these independent paralegals out of business by charging them with "unauthorized practice of law"--a criminal offense in many states. While some of us believe that a thriving independent paralegal industry would vastly increase access to the justice system for the many millions of people who can't afford lawyers, others--especially many lawyers--believe that only lawyers can be trusted to help people with their legal problems.
In October 2007, a Massachusetts statewide commission examining barriers to access to justice recommended that independent paralegals be allowed to speak on behalf of low-income parties embroiled in certain civil matters. According to the Massachusetts Lawyers Weekly, the Massachusetts Bar Association predictably shot the concept down, arguing that poor people deserve legal representation just the same as rich people and that non-lawyer paralegals could not be expected to deliver competent representation. Their answer to the access problem? More court-based assistance to self-represented litigants, more lawyers, and more pro-bono legal services.
This reminded me of an experience I had in California some 20 years ago. I was a member of an ad hoc California State Bar committee (called the Public Protection Committee) that was charged with investigating what role California independent paralegals might play in facilitating access to justice for people who couldn't afford lawyers. We held three public hearings in addition to collecting a ton of information from consumer protection agencies, courts, and other entities that could provide us with a factual basis for making recommendations.
At one of the hearings, a lawyer employed by the Los Angeles legal services program testified that under no circumstances should non-lawyers be allowed to help people fill out the paperwork necessary to fight their evictions. She went on to say that her agency turned away 40,000 eviction cases every year because there weren't enough lawyers to help. I asked her why it wouldn't be better to authorize independent paralegals to assist in these cases. With considerable passion she responded that allowing non-lawyers to help the poor would create a two-tier justice system--which was unacceptable to her--and that the only appropriate way to help the Los Angeles poor fight their evictions was to petition Congress to authorize more money to hire more lawyers. I was so shocked that to this day I vividly remember every detail of the encounter.
Our Committee--four lawyers and four non-lawyers--went on some months later to unanimously recommend the repeal of the California unauthorized practice laws and the creation of a system in which independent paralegals could help people with their legal paperwork. Not unexpectedly, the California State Bar president immediately showed up on local TV condemning our report and literally calling us "brain dead" for thinking the Bar association would ever agree to such a "cockamanie" scheme.
He wasn't far off the mark. It took another 10 years before the California legislature (with no help from the Bar Association) authorized independent paralegals to provide the same kind of assistance our committee had recommended earlier. There are now many hundreds of registered independent paralegals in California (called Legal Document Assistants) that help people prepare the forms they need to handle their own legal work. For more information about Legal Document Assistants, visit the California Association of Legal Document Assistants' website. Independent paralegals are also authorized to prepare legal forms in Arizona and Florida (and perhaps a couple of other states)
What's my point? That lawyers fight tooth and nail to maintain their monopoly and that legal consumers in Massachusetts probably will have a long and rocky road ahead before the Massachusetts powers-that-be finally accept the obvious facts: there are lots of legal tasks that don't require a law school education, and access to justice in Massachusetts would be vastly improved by bringing non-lawyers into the mix of legal service providers.
Steve Elias is the author of many Nolo books, including The New Bankruptcy: Will It Work for You?, Special Needs Trusts: Protect Your Child’s Financial Future, and Legal Research: How to Find and Understand the Law. Steve also practices law in his spare time, providing affordable attorney advice to people doing their own bankruptcies with the help of a non-lawyer bankruptcy petition preparer or by using Steve’s book How to File For Chapter 7 Bankruptcy.
Paralegals who directly help consumers prepare their own divorce, estate planning, name change, and guardianship papers have been around for a long time. Usually, these paralegals gain their expertise from having worked for lawyers or having attended formal paralegal schools. Yet many lawyers have sought to drive these independent paralegals out of business by charging them with "unauthorized practice of law"--a criminal offense in many states. While some of us believe that a thriving independent paralegal industry would vastly increase access to the justice system for the many millions of people who can't afford lawyers, others--especially many lawyers--believe that only lawyers can be trusted to help people with their legal problems.
In October 2007, a Massachusetts statewide commission examining barriers to access to justice recommended that independent paralegals be allowed to speak on behalf of low-income parties embroiled in certain civil matters. According to the Massachusetts Lawyers Weekly, the Massachusetts Bar Association predictably shot the concept down, arguing that poor people deserve legal representation just the same as rich people and that non-lawyer paralegals could not be expected to deliver competent representation. Their answer to the access problem? More court-based assistance to self-represented litigants, more lawyers, and more pro-bono legal services.
This reminded me of an experience I had in California some 20 years ago. I was a member of an ad hoc California State Bar committee (called the Public Protection Committee) that was charged with investigating what role California independent paralegals might play in facilitating access to justice for people who couldn't afford lawyers. We held three public hearings in addition to collecting a ton of information from consumer protection agencies, courts, and other entities that could provide us with a factual basis for making recommendations.
At one of the hearings, a lawyer employed by the Los Angeles legal services program testified that under no circumstances should non-lawyers be allowed to help people fill out the paperwork necessary to fight their evictions. She went on to say that her agency turned away 40,000 eviction cases every year because there weren't enough lawyers to help. I asked her why it wouldn't be better to authorize independent paralegals to assist in these cases. With considerable passion she responded that allowing non-lawyers to help the poor would create a two-tier justice system--which was unacceptable to her--and that the only appropriate way to help the Los Angeles poor fight their evictions was to petition Congress to authorize more money to hire more lawyers. I was so shocked that to this day I vividly remember every detail of the encounter.
Our Committee--four lawyers and four non-lawyers--went on some months later to unanimously recommend the repeal of the California unauthorized practice laws and the creation of a system in which independent paralegals could help people with their legal paperwork. Not unexpectedly, the California State Bar president immediately showed up on local TV condemning our report and literally calling us "brain dead" for thinking the Bar association would ever agree to such a "cockamanie" scheme.
He wasn't far off the mark. It took another 10 years before the California legislature (with no help from the Bar Association) authorized independent paralegals to provide the same kind of assistance our committee had recommended earlier. There are now many hundreds of registered independent paralegals in California (called Legal Document Assistants) that help people prepare the forms they need to handle their own legal work. For more information about Legal Document Assistants, visit the California Association of Legal Document Assistants' website. Independent paralegals are also authorized to prepare legal forms in Arizona and Florida (and perhaps a couple of other states)
What's my point? That lawyers fight tooth and nail to maintain their monopoly and that legal consumers in Massachusetts probably will have a long and rocky road ahead before the Massachusetts powers-that-be finally accept the obvious facts: there are lots of legal tasks that don't require a law school education, and access to justice in Massachusetts would be vastly improved by bringing non-lawyers into the mix of legal service providers.
Steve Elias is the author of many Nolo books, including The New Bankruptcy: Will It Work for You?, Special Needs Trusts: Protect Your Child’s Financial Future, and Legal Research: How to Find and Understand the Law. Steve also practices law in his spare time, providing affordable attorney advice to people doing their own bankruptcies with the help of a non-lawyer bankruptcy petition preparer or by using Steve’s book How to File For Chapter 7 Bankruptcy.
Monday, August 10, 2009
I Am A Paralegal
To whom it may concern: I am glad to say that I am a professional in one of the best fields in the Legal Services Industry. Being a paralegal has exposed me to the Criminal Justice System and Law in so many ways that would not have been possible in any other professional field. I have been blessed in the last 25 years of learning and meeting some incredible human beings, I have been blessed to have served and helped so many Pro Se Litigants that I sometimes have to pinch myself and remind myself that it is you the consumer in which I serve. I consider myself to be an Informational Provider, I love to share information with people when it comes to understanding the Criminal Justice System and how it works.
My professional career has been very diverse and this happened by choice. I am a former State of Colorado Juvenile Probation Officer, former paralegal in the United States Marine Corps (USMC) and Corporate America as a paralegal for Law Firms, I am a former freelance paralegal and was also a paralegal supervisor. I am a former High School and Middle School Teacher, I am a former Restorative Justice Coordinator working with children through mediation. My professional experience has allowed me to share and become knowledgeable in so many areas of the Criminal Justice System that I consider myself a Leading Authority on many areas of the Criminal Justice System and I am not one dimensional. What I have learned in the last 25 years I want to share and help people who really just need some guidance through a very complex court process in which they just need simple answers.
I am never worried about being accused of "Unauthorized Practice of Law" (UPL) I had to deal with this issue everyday while I was a probation officer. I have a very broad understanding of the Criminal Justice System and I am a seasoned veteran paralegal who knows the difference between answering questions and given legal advice. I understand what everyday people who need help on Non-contested matters need. So with all of this I believe this is why I am now an Informational Provider, Pro Se Litigants are looking for simple answers not confusion so this is one reason why Pro Se Litigants should hire an Independent Paralegal on Non-contested matters.
My professional career has been very diverse and this happened by choice. I am a former State of Colorado Juvenile Probation Officer, former paralegal in the United States Marine Corps (USMC) and Corporate America as a paralegal for Law Firms, I am a former freelance paralegal and was also a paralegal supervisor. I am a former High School and Middle School Teacher, I am a former Restorative Justice Coordinator working with children through mediation. My professional experience has allowed me to share and become knowledgeable in so many areas of the Criminal Justice System that I consider myself a Leading Authority on many areas of the Criminal Justice System and I am not one dimensional. What I have learned in the last 25 years I want to share and help people who really just need some guidance through a very complex court process in which they just need simple answers.
I am never worried about being accused of "Unauthorized Practice of Law" (UPL) I had to deal with this issue everyday while I was a probation officer. I have a very broad understanding of the Criminal Justice System and I am a seasoned veteran paralegal who knows the difference between answering questions and given legal advice. I understand what everyday people who need help on Non-contested matters need. So with all of this I believe this is why I am now an Informational Provider, Pro Se Litigants are looking for simple answers not confusion so this is one reason why Pro Se Litigants should hire an Independent Paralegal on Non-contested matters.
Tuesday, August 4, 2009
The Legal Services Economy
One of my greatest challenges of working in the Legal Services Industry is that I have been blessed to have been able to help so many people with their Pro Se legal documents where they thought all hope of filing their legal documents in court was gone. As we continue to move forward in 2009 and deal with the reality of our economy which is in chaos, one question seems to come up time and time again regarding the affordability of legal services. I am not an attorney but as a paralegal I am in the position to help educate people about their options regarding Pro Se representation on Non-Contested matters that they can handle themselves without having to pay traditional high attorneys fees. Many people are losing their jobs or are being laid off from their jobs on a daily basis and a lot of them will be looking at ways to save money. I am constantly being asked questions by the general public and Pro Se Litigants in regards to representing themselves in court, and I always explain to people that it is their constitutional right and their own personal decision to decide whether or not they need an attorney to represent them in court on Non-Contested matters.
I know a lot of attorneys because I have worked in the Criminal Justice System for over 25 years and I also believe that people who what to represent themselves in court need to have the information available to them in order to make the right decision. I have spent years in almost every court house in the State of Colorado and I have watched people leave the court house frustrated on just needing to have a question or two answered. In the State of Colorado none of the State employees are allowed to answer basic questions without being accused of "Unauthorized Practice of Law" (UPL) or giving legal advice to people that have simple questions, as a matter of fact signs are posted all over the court house stating "We Are Not Allowed To Give Legal Advice". I have seen consumers so angry and mad at the courts that they just throw their hands up in the air and blame the entire Legal System for failure. I am in business to help all Pro Se Litigants, I am not in the business to take advantage of anyone who is going to represent themselves in court. I have always believed that when people are given good customer service and treated with respect and compassion from any industry you will always have repeat customers because people are loyal to those companies that take care of them. We are in an economy that is causing people to look at alternatives when it comes to representing themselves in court without an attorney.
Paralegals are in the legal profession to help people save money and consumers are using paralegals because they are smarter in their decision making when it comes to saving money. When you use a paralegal you are not compromising quality, you are in fact gaining a better sense of how to save thousands of dollars on legal fees because 99% of all attorneys have or will use a paralegal to draft legal documents for their law firm or private practice this is not practicing law in anyway. As quite as it is kept attorneys would not be able to charge what they charge if it were not for paralegals, I am not saying this to be cocky I know this to be true and guess what attorneys know that this is true also. The Legal Services Economy is not going anywhere, anytime soon, it will only get larger, it will only become more expensive but the key to it all is the consumer has other options. If consumers decide to represent themselves in court with these options comes the responsibility of doing your research and homework so that at the end of the day you get what you pay for. Pro Se Litigants should never sacrifice quality because they donot know where to go and get help, always do your research and homework before making a decision and trust me if you are a Pro Se Litigant you will more than likly end up using the services of a paralegal for your Non-Contested matters.
I know a lot of attorneys because I have worked in the Criminal Justice System for over 25 years and I also believe that people who what to represent themselves in court need to have the information available to them in order to make the right decision. I have spent years in almost every court house in the State of Colorado and I have watched people leave the court house frustrated on just needing to have a question or two answered. In the State of Colorado none of the State employees are allowed to answer basic questions without being accused of "Unauthorized Practice of Law" (UPL) or giving legal advice to people that have simple questions, as a matter of fact signs are posted all over the court house stating "We Are Not Allowed To Give Legal Advice". I have seen consumers so angry and mad at the courts that they just throw their hands up in the air and blame the entire Legal System for failure. I am in business to help all Pro Se Litigants, I am not in the business to take advantage of anyone who is going to represent themselves in court. I have always believed that when people are given good customer service and treated with respect and compassion from any industry you will always have repeat customers because people are loyal to those companies that take care of them. We are in an economy that is causing people to look at alternatives when it comes to representing themselves in court without an attorney.
Paralegals are in the legal profession to help people save money and consumers are using paralegals because they are smarter in their decision making when it comes to saving money. When you use a paralegal you are not compromising quality, you are in fact gaining a better sense of how to save thousands of dollars on legal fees because 99% of all attorneys have or will use a paralegal to draft legal documents for their law firm or private practice this is not practicing law in anyway. As quite as it is kept attorneys would not be able to charge what they charge if it were not for paralegals, I am not saying this to be cocky I know this to be true and guess what attorneys know that this is true also. The Legal Services Economy is not going anywhere, anytime soon, it will only get larger, it will only become more expensive but the key to it all is the consumer has other options. If consumers decide to represent themselves in court with these options comes the responsibility of doing your research and homework so that at the end of the day you get what you pay for. Pro Se Litigants should never sacrifice quality because they donot know where to go and get help, always do your research and homework before making a decision and trust me if you are a Pro Se Litigant you will more than likly end up using the services of a paralegal for your Non-Contested matters.
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