Legal Access in FloridaCourt Access for Pro Se Litigants
The American legal system exists for the benefit of lawyers, judges, and court clerks. Their respective livelihoods depend on disputes, litigation, and maintaining mountains of documents. The legal monster’s insatiable appetite thrives on sucking the lifeblood from citizens searching for justice.
Some pro se litigants with legal access are lucky enough or persistent enough to finally have their day in court. Many others give up trying. Still others are out-maneuvered by a lawyer in opposition long before their cause can be heard. Seemingly small matters balloon out of proportion when a lawyer gets involved. Uncontested disputes quickly become battlegrounds as lawyers churn their clients for more fees. Once one litigant hires a lawyer, the other side feels they have no choice but to hire a lawyer as well. No one wins -- except the lawyers. A few years ago, the American Judicature Society (AJS) made policy recommendations regarding pro se litigants and litigation. I have questions about the current state of affairs and legal access to the court system -- most importantly -- how much progress has been made? We believe that the courts should study the characteristics and needs of the self represented litigants they serve, and design services and materials to effectively meet those needs. In their report the American Judicature Society stated that development of programs to assist self-represented litigants should be a collaborative effort of courts, the Bar, legal aid providers, the public, and relevant government agencies. We believe courts should develop pro se forms that are understandable and easy to use. We believe judges should ensure that pro se litigants are allowed to meaningfully present their case. Judges should use their authority to make sure that procedural and evidentiary rules are not used to unfairly hinder the legal interests of self-represented litigants. We believe all courts should assist judges in managing cases involving self-represented litigants. We believe judicial education providers should develop educational programs for judges on methods of managing cases involving self-represented litigants. We believe the legal profession should assist the court in developing Pro Se assistance programs. We believe the legal profession should explore alternatives to full legal representation, such as unbundling services, to help meet the legal needs of self-represented litigants. We believe courts and the legal profession should develop alternative dispute resolution programs to help address the legal needs of self-represented litigants. We believe public and private funding should be expanded to establish programs to assist self-represented litigants. CITATIONS REVISED PRO SE POLICY RECOMMENDATIONS FROM THE AMERIICAN JUDICATURE SOCIETY Based on "Proposed Recommendations" in Meeting the Challenge of Pro Se Litigation - A Report and Guidebook for Judges and Court Managers (Chicago: AJS, 1998) Approved by AJS Executive Committee March 2002 If you have been abused by the legal system, we want to know about it. Tell us your story and stand up for your rights. We're here to help. CommentsPost your comments to any of the questions posed on this page. What Other Visitors Have SaidClick below to see contributions from others... Change of venue I have a Parenting Plan established in Hillsborough County. I would like to make Modification and have the Parenting Plan where we reside now in Volusia ... Beyond Reason - True to Life Stories of Florida family law I am a Florida legal document preparer, many of the people I talk to want me to help them with paperwork so that they can see their kids. Their stories ... Fee Fi Fo Fum The biggest trend I see going on at most courthouses is the fee game. There are fees for everything. Fees for copies, fees for witnessing signatures, fees ... Assistance at the Courthouse for Pro Se Litigants 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,...
LDP Industry Regulation
From a business standpoint, in general, I believe that the less governmental interference the better. I am all for laissez faire. Clerks or Gatekeepers? It is fair enough that the clerks of court refuse to offer legal advice. Apparently, they have been told repeatedly that any answer to any consumer question ...
Following Up On Pro Se Filing
Dear Fellow Document Preparers: Be Careful Out There - Filling a Pain Pill Prescription Has Its Dangers I’ve talked to two people lately that were arrested for filling prescriptions. They both say they had valid prescriptions written by reputable doctors....
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