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Comments for Floirda statute requireing clerks of the court to provide "ministerial service"

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Thank you
by: Anonymous

This is very helpful.

We feel your pain.
by: FALDP Staff

We can only guess that the clerks are intimidated and go beyond what is reasonable in trying to avoid offering "legal advice". According to the Florida Bar Rules surrounding the unauthorized practice of law (UPL) selecting forms is considered legal advice. However, according to a 1987 Federal Appellate case - Serena Dunn v Florida Bar - "nonlawyers" can assist people in a number of ways:

"UPL. The unlicensed practice of law, as prohibited by statute, court rule, and case law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for nonlawyers to engage in limited oral communication to assist individuals in the completion of legal forms approved by the Supreme Court of Florida. Oral communication by nonlawyers is restricted to those communications essential to elicit factual information necessary for the completion of the form(s) and inform the individual how to file such form(s).


On June 9, 1987, the appellants' [Serena Dunn et al] counsel submitted comments to the Supreme Court "on behalf of Serena Dunn and the other members of the certified plaintiff class in the case of Serena Dunn, et al v. The Florida Bar, et al...." Mr. Morrison noted that "we are troubled by some of the instructions contained in [the amendment], and we urge the court to modify them." He went on to request two small changes, "... that the word 'essential' ... be changed to 'reasonably necessary' [to] ... eliminate the in terrorem effect ..." and "that the phrase 'necessary for the completion of' ... be changed to 'to complete.' "


[b]Mr. Morrison also asked the court to make clear '... that non-lawyers may tell the individuals, for example, how many copies must be filed, what the filing fees are, what is the proper method of payment, how long the typical period is before a hearing will be scheduled, and other matters of a routine administrative nature....'"[/b]

The present day rules about UPL stemmed from this case. You can read the entire case here:

http://ftp.resource.org/courts.gov/c/F2/889/889.F2d.1010.88-3865.html

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