Legal Advice & Court Personnel
by Ruth
Huh? Now I'm confused!
I've heard several accounts from consumers recently about their difficulties filing court papers in various court circuits.
Let's Play Hide the Ball
Just a few weeks ago, in Orange County, a consumer was told by the clerk that he could not file his petition for modification of child support because he did not have the correct form.
The Supreme Court had updated the pro se forms on their website, www.flcourts.org , just days before. The clerk did not advise the consumer where to find the new form, only that his form was not the correct one.
Or, How About Hide & Seek
About a month ago, also in Orange County, a consumer telephoned the clerk of court to find out if he could get a form for modification of visitation at the courthouse. On the phone the clerk assured him that he could.
He went to the courthouse and the clerk presented him with a list of about 60 forms and asked him which one he wanted. The consumer did not know the exact name or number of the form, and went away empty handed.
Another Game? OK...Truth or Dare
In Miami-Dade County, a consumer was in a panic, because her husband had neglected to answer an administrative letter from the Department of Revenue stating that her husband was soon to lose his driver's license if he did not pay past due child support to his ex. This consumer and her husband reside a couple of hours from Miami, but jurisdiction remains there.
She called the clerk of court to find out if she could overnight the answer; or send it by regular mail. The clerk told her she had never heard of anyone filing that way and it might be rejected. The consumer drove two hours to file the paperwork.
Really, This is Not a Game
A few months ago, in Broward County, a consumer trying to file for an uncontested divorce, was directed by the court clerk that she must file an Affidavit of Corroborating Witness to verify her Florida residency.
The consumer had lived in Florida for 7 years; and had a valid Florida driver's license issued more than six months prior.
Another consumer, also in Broward County, went to the courthouse to file papers for an adoption of an adult by a stepparent. He had the petition and the consent already notarized.
The clerk advised him that he also needed to file a Notice of Related Cases; a Civil Cover Sheet; and other documents that the clerk would not identify.
Legal Advice or Legal Advice, ;)
So, my question is: If clerks of court are prohibited from advising pro se litigants about which forms they must file; then aren't they also then prohibited from advising pro se litigants about which forms they may not file?
If one is the unlicensed practice of law by giving legal advice, then isn't the other?
