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Legal Access 2011by Ruth Tick
The Constitution states only one command twice. The Fifth Amendment to the U.S. Constitution states to the federal government that no one shall be "deprived of life, liberty or property without due process of law." And, the Fourteenth Amendment uses the same eleven words, called the Due Process Clause, to extend that command to all states. These words were our founding fathers' promise that all levels of American government must operate within the law and provide fair procedures.The Bill of Rights – the first ten amendments to the Constitution – were included for the sole purpose of protecting citizens rights. The states would never have become united had these protections been left out, we would never have become the United States of America without the bill of rights ensuring the freedoms we enjoy. It is Up to Us to Exercise our FreedomIt is up to us to protect our rights diligently and continuously. It is up to each of us to constantly be aware of the minor compromises, the daily chipping away of our rights, lest our freedoms all disappear. Our public servants are called servants for a reason. I am not promoting the idea that as citizens we have the right to be unnecessarily arrogant and demanding toward our bureaucrats. But, we do have the right, even the obligation to question the authority of those who would prevent us from seeking our legal rights. If a court clerk acts as gatekeeper to a customer, inform that customer that the court clerk is overstepping her responsibility. If a court clerk refuses to accept your customer's documents, ask questions. Some of the clerks seem to enjoy acting as petty tyrants; others seem to act out of ignorance. Still other clerks seem to be motivated by fear. Many clerks will respond to the most innocuous of questions – so sorry, I am not allowed to give legal advice. Train your customers how to phrase their questions to elicit the answers they need from the clerks.Our System is not FlawlessIf your customer goes to the clerk's office and asks what to do next, he will very likely be referred to the law library, or told to hire an attorney. If that same customer has done his homework, found his information, and, instead, asks the clerk: The other party has filed their response to my petition, are there any local rules or procedures that I need to know before I schedule a court date? What happens next is the real question, but wording the question to show that specific information is requested, not advice, usually results in a reasonable answer from the clerk. Our system is not flawless. But, I, along with most Americans believe that our system of government and our country are the greatest in the world. At the same time, as a young country, still only a few hundred years old, we have much to learn from others.We are at a Crossroads of HistoryIt is up to each of us to stand firm in our resolve. We are at the crossroads of history. The legal services that were once the exclusive domain of attorneys are no more. Now, as never before, everyday people can find information about the law. The balance has shifted. Just as the internet changed the way realtors do business, so has the internet changed the way attorneys must deliver services.Legal document preparers are here to stay. We are part of a sea change that will not be forgotten. CommentsPost your comments to any of the questions posed on this page. |
