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.