http://4042.appcomm.net/cgi-bin/404...play_db_button=on&db_id=58633&query=retrieval I am really curious, not bashing the person who posted the ad.......... And no, not looking to get a divorce either.................8)
Sounds to me like unauthorized practice of law. If I recall correctly, that is a misdemeanor, quite aside from the fact that a person using her services is taking a pretty big risk. Anyone who is willing to pay $150 to $200 for her help should just go ahead and get a real lawyer. She's wrong about the amount of the filing fee, and her ad contains grammatical errors. You pay your money and you take your chances . . .
Doesnt sound to me as if she is representing herself as a lawyer. When i was divorced, i did a self type thing with no lawyer and in filling out the paper work, there were a few items on there that i was unsure on how to answer and had to call a lawyer to ask. If she is a paralegal or someone who has worked in a laywers office and has seen the self divorce kit numerous times, then sure, she could be in a position to help fill out that paperwork and offer advice on how to go about things. As long as she does not represent herself as a laywer.
I agree that she is not representing herself as a lawyer, but, if she accepts payment for services, I think she is opening a HUGE can of worms. If she were just a friend helping someone out, no problem, but I am not sure she can be PAID for that. I don't know, that's why I'm asking.
All tho I have a degree in paralegal studies. I would not risk doing this on my own with out a supervison of an attorney. Sounds to me that she is misrepresenting herself. She should state in her ad that she is not a lawyer and that she is not able to give legal advice. Ro
I worked with a girl who could not afford the cost of a lawyer. She carried this book around with her that was titled something to the effect of divorce in NC with out a lawyer. Showed her what papers had to be filed, where to sign who to turn them in to and stuff like that. The book cost her around $35.00 and the divorce took a little over a year to get done. She swore that it saved her over $1000.
Yes. My husband did his own divorce 2 years ago. It cost him 150.00. No kids, no property, or anything like that involved. You can do your own divorce. It is legal.
Doing your own divorce is legal, writing a book on how it is done is legal, and even advice to a friend is legal, but when you offer to assist for payment it becomes questionable as to whether it is or not. If you give any advice for payment you are practising law and need to be aware of that fact, especially when you place ads for customers. If not you may need your vry own attorney ....
I'm in the process of doing a divorce (and thinking about Kathy's help). At the bottom of the "Complaint for Divorce" form is a section where it says something to the effect of, "If a non lawyer filled this out for you, fill in and sign this section" It is not against the law to fill out legal papers for someone else. It is against the law to represent yourself as a lawyer (which Kathy is not), give legal advice, or to file the papers on behalf of another person. If a non-lawyer filled out your paper work, it is incumbent on you to make sure it is complete and correct.
Right. It's legal to do it yourself. It's legal to type up the papers for somebody else. This person appears to be offering advice, and it is not legal for a non-lawyer to give legal advice. Of course, half the people on this board give legal advice all the time, but you know what I mean - she is charging for it. :mrgreen: :lol:
Yes, it is the responsibility of the person filing just as in the case of tax preparation, but the questionable aspect is where questions arise. If you ask a question for advice on the lines of the paperwork you are asking for leagal advice. If that advice is faulty you have no recourse because you used an unlicensed legal adviser. A book will give you the guidelines that you need without any advice specific to your case, but an preparer may give you advice that would be specific and if so has broken the law. The advice may be correct, but if it is not it is your responsibility not theirs as it would be if you had legal representation. That is the point of the concern. There is no way to prevent the advice, no way to be sure the advice is accurate, nor is there any way to protect against the effects of bad advice by unauthorized people. A friend's advice you may question but if you pay someone you may expect them to have more knowledge than you on the subject.
Don't forget, once the divorce is entered it cuts off any right to ask for division of marital property. Each party then owns whatever is in their name, and a half interest in jointly owned property. If the parties acquired property together during the marriage and it is in only one party's name, the other party has no claim on it after the divorce is entered. "Marital property" includes virtually all property acquired by the parties during the marriage. (Inherited property is not included) Either party can ask the court for a division of marital property, and it doesn't matter whose name the property is held in, the court will determine who gets it at the time of the divorce. Some couples have all the vehicles titled in one party's name, for example, but the court could award a vehicle to the spouse whose name is not on the title. Another example people don't always think about is retirement plans. Some people have a sizeable amount accumulated in a retirement plan, and the spouse is entitled to a share of that. Entry of divorce also cuts off the right to ask for spousal support (alimony). Matters concerning the children - custody, child support, visitation - are always open for court action.
When you advertise for business under "Professional Services" aren't you representing yourself as a professional at whatever it is you're advertising for?
Actually the quote (unknown, but attributed to both Lincoln and Franklin) is: "One who represents himself in Court, has a jackass for a lawyer and a fool for a client." And she is. She's a professional typist (or a professional transcriptionist).
Any law with that degree of variance would be easy to get around. And if we're not going to protect the "lemon man" why should we protect the Lawyer industry from being shopped? "You'll need a pencil to fill out those forms. Here, buy this "special" pencil for $200 and I'll help you fill out your divorce papers with it for free." Did I just get around that law????
