Self-Help Resources *Family *Bookstore *Forms *Property *Business *Criminal *Immigration *MEMBERS *ARTICLESLegal Access upl Pro Se *FALDP
Subscribe To This Site
Florida Pro Se
Solve Your Legal Disputes Yourself - Pro Se
Florida Pro Se Solve Your Legal Disputes Yourself
People usually choose to fight their own legal battles, without an attorney, to save money. Reliable legal information is the front door key to the legal system. Access to the legal system protects your rights.
Americans are increasingly choosing to fight their own legal battles instead of hiring an attorney. It is the right of all U.S. citizens to represent themselves in court, as pro se litigants. Keep in mind, however, there are some situations where nothing will do, but to hire an attorney.
When Not To Be a Florida Pro Se Litigant
For example, if your legal issues are multi-faceted, overlapping and intricate; or the legal issues are unclear; or your personal freedom is at risk; or large amounts of money are at stake; or you need the credibility clout that only an attorney can offer -- then hiring an attorney is probably your best path.
However, there are disputes that arise that may call for a legal solution, but may not warrant legal advice. If you know your legal rights; know what you need to do; and the issues are not intricate, fuzzy, or high risk; then handling your legal claim yourself as a Florida pro se litigant may be the best choice.
Florida Pro Se and Civil Disputes
Suppose you are having a dispute with your next door neighbor about his 100 year old oak tree. Suppose the branches of his oak tree are hanging over your house and he refuses to cut it back. You know that your neighbor prizes his oak tree because he always uses it as a backdrop for his family Christmas card pictures, so you are reluctant to trim the overhanging branches yourself.
You have tried writing letters to your neighbor to ask him to please cut it back, but received no response. Nowadays you and your neighbor have stopped speaking, only exchanging glares across the yards.
So what do you do? Nothing? Should you cut the branches off yourself? Hire a tree surgeon to cut it back and send your neighbor the bill? Live with it? Do I solve this as a Florida pro se litigant?
Suppose one of those big tree branches falls on your house, damaging your roof, what then? Should you sue him? Should you collect from your insurance company and let the insurance company sue him?
Florida Pro Se and Family Law
As a completely different scenario, suppose your wife or husband has left you and disappeared. You have heard rumors that he/she has gone on tour with an unknown heavy metal band. Now a year later, you want to move on with life, and get a divorce.
What do you do? You have no idea where to serve your ex with divorce papers. Can you complete a divorce without your ex’s participation? Do I solve this as a Florida pro se litigant?
In either of these two scenarios many reasonably intelligent and educated adults might be able to handle the legalities themselves, pro se.
Substantive Law
The first step is to find out what the laws are surrounding each issue (substantive law). Substantive law might come from codified laws such as state Statutes or from case law (precedent).
Procedural Law
The second step is to find out what the civil processes and procedures are (procedural law). Procedural law includes specific rules about notifications to the other party; time periods for responses and filings; and acceptable written language and formats for court pleadings.
Substantive and procedural laws may vary widely state to state on many issues. Procedural laws may also vary within states between circuits or jurisdictions. So, when researching laws it is important to make sure that you look for the laws specific to your state, circuit, and jurisdiction.
Florida Pro Se and the Internet
The internet has opened access to all types of legal information. Federal and state statutes, local ordinances and case law can all be found online, if you know where to look.
Once you locate the legal information and decide to go forward on your own, the real work begins. Locating the correct legal document forms and formats; then filing them correctly can be a confusing and daunting task.
Florida Pro Se and Court Resources
In many jurisdictions court clerks are prohibited from offering any help to pro se litigants, since their help might be considered legal advice.
Court clerks often refer pro se litigants with questions to the law library; or, sometimes, to the Pro Se Coordinator, working in the courthouse; the individual whose job it is to help people bring their pro se disputes to court.
Either of these services can be invaluable depending on the courthouse and jurisdiction. A good Pro Se Coordinator can look over your documents and make sure that they are in the correct format for the style of case; advise you about timelines; and guide you in collecting evidence to prove your claim.
Law library clerks can help you find forms; case law; and navigate legal databases. However, not all courthouses have a Pro Se Coordinator. Also, some law libraries are incomplete and do not employ helpful law clerks to help you find information.
Certainly, there are times and situations where only an attorney can solve your legal problem, other times you can litigate your dispute, on your own, at far less cost.
Government run Legal Aid programs are helpful as far as they go, but you generally must be indigent or near-indigent to qualify for their help.
Legal Document Preparers
Luckily, there are businesses and entrepreneurs - legal document preparers and independent paralegals - that help people with routine legal matters and document preparation. These businesses and entrepreneurs fill a need in the middle ground - assisting people who are unable or unwilling to pay steep attorney’s fees, but also need some guidance about completing legal forms, and finding information.
Legal document preparers, also called legal technicians, may assist people in completing legal forms; and offer information about how to file. No one except an attorney may offer legal advice. And, with some exceptions, no one but an attorney can represent another person in court.
Paralegals and Nonlawyers
Florida prohibits anyone except for a nonlawyer working under the supervision of an attorney describing himself as a paralegal, or a legal assistant. See our article entitled Florida Paralegal v. Nonlawyer for more information and a good laugh.
Should I Go Pro Se?
Before you make the final decision to represent yourself in your legal dispute, ask yourself a few questions:
Are you attentive to detail?
Are you organized?
Do you have a good command of English?
Are you cool under pressure?
If you answered "yes" to all of the above questions, you may be a good candidate to handle your legal dispute pro se.
So, if you feel you are up to the challenge, take responsibility for solving your own legal dispute.
Do your research; file your papers. Have your day in court.
Document Preparation Assistance
If you need some help we have ideas. First we can help by helping you with document preparation. If you would like us to put you in touch with a Florida Legal Document Preparer who can help, please visit our
document preparation service
and write us a summary of your needs. Or if you're a do it yourselfer you may want to visit our
Online Bookstore.
Titles include:
Florida Family Adoptions - Stepparents, Close Relatives
Modifying Florida Child Support - Step by Step instructions
The Florida Child Support Petition Answer Book - How to answer the initial petition for child support.
You've Been Sued - How to prepare an answer to a civil law suit.
Or you can ask your question on this page. Remember we are not attorneys and do not provide legal advice. We post your question as soon as we can. Anyone who knows the answer is invited to post an answer. We only ask that, if you answer, you include your source of information if possible.
How Can We Serve You?
Do you have a question, looking for information, or just want a local Legal Document Preparer Professional to help you with your legal document needs?
Ask your question. Let us know what you are looking for, give as many relevant details as you can, and remember to leave your contact information.
As legal document preparers, we are prohibited from giving legal advice, and so we only provide general information. We never mean to suggest to you what you should or should not do, except that we might suggest you continue your research or seek the advice or an attorney.
What Other Visitors Have Said
Click below to see contributions from other visitors to this page...
what do I do next?
I just succeeded in having my family Trust and Estate reopened because my brother (the trustee) committed fraud in these cases. Do I just sit back and ...
what papers should I need to file?
I have been sent a summons notice to appear for a pretrial conference. Supposedly, the plaintiff is Citibank but I suspect that is a collector pretending ...
What does indigent status pay for?
What does indigent status pay for? What I'm asking is, if I am considered to have indigent status what does that pay for? Does it pay for an attorney, document ...
Pro Se for Estate?
What are pro se laws in Florida? What is the definition of pro se in Florida? I want to settle my mother's estate, do I have hire an attorney? The court ...
I need a writ of attachment executed by judge
I need a writ of attachment executed by judge, I have all necessary the paperwork, but how do I get it in front of judge to sign and execute. No one will ...
MONEY OWED TO ME
Hello, I am considering suing someone for the balance of money that is owed to me. I do not have the funds to hire an attorney and the amount is over ...
Define "month"
The Florida Statutes refer to time or periods in "months" yet does not define same. Is this a "calendar month" or 'Lunar Month" ?
Change of Venue/change existing order for custody
What forms do I need to file for a change of venue from Volusia County to Broward County and what forms will I need to change the existing order as far ...
adoption
Grandparent adoption in Lee County, Florida. How do I go about adopting my grandchild? I've found the forms online for a stepparent adoption, but I can'...
motion to dismiss
Served in a civil law suit: Need to answer in the 20 days. I have a document that states clearly that a settlement was done prior to me being served.
I ...
Set Hearing for Motion to Dismiss as Pro Se
I was unable to set hearing and mail notice of hearing for Motion to Dismiss for Lack of Prosecution as to set hears are done online. I am pro se litigant ...
Civil indigent's right to discovery costs
Is a Florida resident, declared indigent in a civil action, eligible for costs of discovery such as depositions, expert witness, etc...?
Thank you,
...
Succession Letter under FS 740.301(6) (b)
Does a written succession letter under FS 740.301(6)(b) have to be officially filed? If so, Where can I obtain a copy of same?
Want More Information?
Have a question or need help with a legal document preparation? Contact us, we are here to help.
Have a question about the forms or how to file them? Do you need assistance? We can help. Call
800-515-0496.
Are you a Florida Legal Document Preparer? Learn how you can become part of Florida's thriving legal document preparers community.Call 800-515-0496 or 941-237-0951
