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Who can help me with my legal problem? PDF Print E-mail
Saturday, 03 April 2010 10:54

lawyerLegally, only a lawyer can help you with your legal problem.  Do not be misled by individuals who are non-lawyers who claim that they can give you legal advice. Only an attorney can legally give legal advice. If someone else helps you with your legal problem they  may be prosecuted for the unlicensed practice of law and this may affect your case.

In order to save money, someone may go to a “paralegal”. However, the Supreme Court of Florida passed a rule stating that a non-lawyer cannot use the title “paralegal” or “legal assistant” if that non-lawyer is providing services directly to the public. To use the title “paralegal” or “legal assistant” that person must be working under the supervision of an attorney.

What can a non-lawyer do for me?

A non-lawyer can only sell you a pre-printed form and type in the information that you provide. The non-lawyer cannot tell you what type of form to use nor what information you should put on the form. The non-lawyer cannot help you fill out the form. In essence, the non-lawyer can act as a typist in completing the form with your direction.

You are Pro Se

Pro Se means you represent yourself. Every person has the right to represent himself or herself. If you hire a non-lawyer, since that person cannot represent you or give you legal advice, you are actually representing yourself.

What are the Differences between a lawyer and non-lawyer

There are a number of differences between a non-lawyer providing a service to the public and a lawyer. Some examples are:

  • Lawyers can give you legal advice and go to court with you. Non-lawyers can only type-they cannot give legal advice and cannot go to court.
  • Lawyers are required to have a college degree and a law degree. A non-lawyer supplying and completing forms do not have any educational requirements.
  • Lawyers are required to pass the stringent Bar Exam to attest to their competency and lawyers also have to go through a thorough character investigation before being admitted to the Bar. Non-lawyers do not have these requirements.
  • Lawyers are required to maintain client confidences. Non-lawyers do not have this requirement.
  • Lawyers are required to maintain current legal education and to take ethics courses. Non-lawyers do not have this requirement.

I emphasize that non-lawyers discussed in this article are to be distinguished from paralegals or legal assistants who work under the supervision of attorneys and who have generally received degrees and certifications qualifying them for their positions in law offices.

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Last Updated on Wednesday, 15 June 2011 16:43
 
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