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.

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

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.

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.

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.