Assistance at the Courthouse for Pro Se Litigants

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Assistance at the Courthouse for Pro Se Litigants

by Jim

Our court's clerks are not allowed to give pro se litigants any advice or help whatsoever, with the exception of a list of contacts of people such as ourselves, legal document preparers.

We would like it if they could ask at least a few pin-point questions so these potential clients would be clear they were NOT contacting an attorney firm.

About 1/4 to 1/3 of the referrals we get we are unable to help out, they need an actual attorney.

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Assistance at the Courthouse for Pro Se Litigants

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Nov 20, 2010

Waiver form and other ideas.
by: WHITE

There are several things that one could suggest but I believe that a waiver form may be in the best interest of the state to protect itself from prosecution.

However, why would pointing someone to the correct statutes and ways to look up Florida case law on defenses or claims [be considered as UPL].

It is the responsibility of the Pro Se litigant to know what they are fighting for.

Florida itself is much better than other States... Like Alabama.

Sincerely and Blessed Be,

White

Nov 21, 2010

Waiver & Enhanced Resource List
by: Ken

I think White's suggestion is a no-brainer that should have been done a long time ago. You have to wonder about the reasons why it hasn't.

Another simple idea is handing out an informative case specific resource booklet. Yes I know some booklets already exist, but they give very little useful info for a Pro Se seeking to assert their legal rights.

I've seen some of these existing "booklets" and IMHO they are excellent resources for a 5th grade classroom assignment. Cute and informative, but not much help for an adult Pro Se.

Nov 21, 2010

Adding to Help from Clerks of Court
by: Hinklegal

A Waiver sounds good, but in all honesty those poor clerks are usually so overrun (at least at our Clerk's Office) that another document for them to handle might just bring on wrath rather than helpfulness.
Pro Se Litigants can become confused because of some of the little tidbits the law expects that really mean nothing in regard to their problem. Simplicity would be so refreshing. We must all have seen where some courts expect a certain font and type size. I mean really!
The packets help them,but aren't available for every category. I think perhaps a standard premade handout for each category of filing consisting of a list of what documents are required and a simple set of steps to take would be wonderful. If this were put online at the state site it would really make it a help (plus it would free up the clerks.)
Legal proceedings shouldn't be so mysterious. Perhaps a Sunshine Law should be enacted when it comes to them, just like is expected in Florida politics and government.

Nov 24, 2010

Law library staff
by: Ruth

I know the clerks of court are in a difficult position. They are told they must not give legal advice, including which form to file in a given situation. In my opinion, all this goes way too far. If a consumer asks the clerk which form to file for, say, modifying child visitation, the clerk is not allowed to tell him that he needs a Supplemental Petition to Modify Child Custody/ Time-Sharing Schedule and Other Relief.

The consumer already knew what he wanted to do, what his legal goal was, but simply did not know the correct name of the form. When a consumer asks the clerk of court that question, he might be sold a packet of forms (which we all know are free anyway); or that consumer may be directed to the law library.

I have found law library staff to be most helpful. They will pull out practice books, case law, forms books, almost anything to help. Many of the law clerks will even sit down with a consumer at a computer and show them how to find information on lexis nexis.

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