Reporting on last week’s hearing of the Committee on House Administration’s subcommittee on oversight in Congress Mulls How iPads, XML Can Cut Costs, Elizabeth Montalbano featured Cornell LII Tom Bruce’s presentation. Bruce suggested use of smart XML-based word processing, better…
Posts Tagged ‘order’
WE THE PEOPLE: FREEDOM ISN’T FREE (The Lucille Iacovelli Story)
EDITOR’S NOTE: JUDGEGOD.COM HAS BEEN SHUT DOWN BY FEDERAL COURT ORDER ALONG WITH SCARLETLAWYER.COM, BUT A PORTION OF THE OLD SCARLET LAWYER SITE IS STILL AVAILABLE AT SCARLETLAWYERS.COM WHERE YOU CAN POST INFORMATION ABOUT ANY LAWYER YOU FEEL IS WORTHY OF BEING LISTED IN THE DATABASE FOR INCOMPETENCE, NEGLIGENCE, OR UNPROFESSIONAL BEHAVIOR. LUCILLE IACOVELLI COMMITTED SUICIDE ON AUGUST 2, 2010 AFTER BEING BACKED INTO A CORNER BY MOUNTING LITIGATION DESIGNED TO SILENCE HER POWERFUL VOICE. BECAUSE OF UNCONSTITUTIONAL ORDERS PUT IN PLACE BY A BIASED JUDGE THE TRUE DETAILS OF HER SUFFERING AND THE CASE THAT INSPIRED THIS VIDEO CANNOT BE SHARED UNTIL AND UNLESS A NEW CIVIL SUIT TARGETS THOSE WHO ORCHESTRATED THIS WITCH HUNT.
What Every Lawyer Should Know About Document Automation
For years some law firms, but not all, have used some form of document automation in their law offices. Ranging from an MS Word macro to long standing programs such as HotDocs, as well as automated forms distributed by legal publishers such as Willmaker by Nolo, some law offices have incorporated some form of document automation in their law practices. Document automation of legal documents that are generated in high quantity by a law firm is an indispensable process for increasing law firm productivity and maintaining profit margins in an era of intense competition.
Legal Document Creation the Old Way
The manual process of cutting and pasting clauses from a master MS Word document into a new document, is a productivity process which is fast becoming out dated. It reminds me of the time before there were automated litigation support programs, and legal assistants would duplicate a set of case documents three or four times. The next step was filling one file cabinet with a set of documents in alpha order, filling another filing cabinet with a set of documents in date order, and finally, filling another filing cabinet with a set of documents in issue or subject order to enable "fast" retrievable of relevant paper documents. It took awhile, but almost all litigation lawyers now use automated litigation support methods.. This is not true of transactional lawyers, many of whom still use out-dated methods of creating legal documents, as if each legal document were a unique novel, poem, or other work of fiction.
Barriers to Change
An obstacle to wider use of automated document assembly methods, is typically the lawyer’s insistence on crafting the words in each clause to their own satisfaction. Because most lawyer’s do not have the requisite programming skill to automate their own documents, law firms by default will opt to use their own non-automated documents, rather than risk using the legal documents automated by an independent provider, because by definition the content of the documents is "not their own." As a result, many law firms do not even use desk-top document assembly solutions when the forms are published by an independent provider or publisher, remaining stuck using more time consuming and less productive manual methods.
Typically, when a law firm does use document assembly methods, a paralegal inputs answers from a paper intake/questionnaire into a document assembly program running on a personal computer. This results in the extra time-consuming step of inputting data from the intake questionnaire to the document assembly program, but it is still more efficient than manual methods.
Web-Enabled Document Automation
Now comes, "web-enabled legal document automation" methods." Web-enabled document automation is a process whereby the intake questionnaire is presented on-line to the client through the web browser to be completed directly.
When the client clicks the "Submit" button the document is instantly assembled, ready for the attorneys further review, analysis, revision, and customization if necessary. The result is a further leap in productivity because the client is actually doing part of the work at no cost to the lawyer, freeing the lawyer up to focus on analysis and further customization of the document.
This is what the work flow looks like when using web-enabled document automation methods:
Unfortunately, lawyers have been slow to adapt to this process as well, because of their reluctance to use legal documents drafted or automated by someone else. However in order to automate their own documents they must either acquire the skill to do the job, or commit the capital to have a skilled professional automate their documents for them. For solos and small law firms these two constraints create formidable obstacles to using more efficient methods.
Since neither condition is common within smaller law firms (programming skill, investment capital), the result is that the law firm gets stuck using older less productive methods of document creation.
Vendors that provide web-enabled document platforms include, our own Rapidocs, and Exari, Brightleaf, HotDocs, DealBuilder, and Wizilegal, to name only a few, all claim that their authoring systems are easy to use, but I have yet to see lawyers without any kind of programming skill create their own automated legal documents in any quantity. Thus, law firms become stuck in a negative loop of their own creation which reduces productivity (and profitability) :
"My legal documents are better than yours; I can’t automate them for the web because I don’t know how; thus I will be less productive and be required to charge you more because of my own inefficiency."
Competition
In the consumer space, now comes the non-lawyer providers to take advantage of the solo and small law firm’s competitive disadvantage. Research by companies like Kiiac provide support the conclusion that 85% of the language in transactional documents is actually the same. In more commoditized areas, where legal forms have been standardized, the legal form content is 100% the same in all documents. Taking advantage of this consistency of legal form content, companies like LegalZoom, Nolo, CompleteCase, SmartLegalForms, and LegacyWriter , with their superior on-line marketing and branding machines, now sell legal forms by the thousands at low cost which provide a "good enough" legal solution for consumers who would do any thing to avoid paying the higher fees to an attorney.
Its true that the consumer doesn’t get the benefit of the attorney’s legal advice and counsel, and the accountability and protection that dealing with an attorney provides, but consumers don’t seem to care.
What can be done?
The "web-based legal document automation solution" , used by non-lawyer providers, is a disruptive technology that is eating away at the core business base of the typical solo and small law firm practitioner.
What can solos and small law firms do to compete in this challenging competitive environment?
The American Bar Association’s Legal Technology Resource Center reported last year in their Annual Technology Survey that only 52.2% of solo practitioner’s don’t have a web site. Even if this number is underestimated, it is shockingly low compared with web site utilization by other industries. If you don’t even have a web site, the idea of "web-enabled document automation" is still a "light year" away.
What can be done to encourage more wide-spread use of web-enabled document automation technology by law firms, particularly solos and small law firms? A follow-up post will explore some solutions, but I am open to ideas from anyone.
Child Support Issues: decrease in pay and less visitation?
I’m a NCP and I have been order by the court to get my child every weekend and pay 350 in CS. But, I havent been able to. I work 10 hours shifts 5-6 days
Do you have any tips for how I can best manage my family law case?
Managing your family law case will be one of the most challenging things you ever do. Organizational skills will come in handy in your role as project manager, but it’s equally important for you to maintain perspective and keep focused on your goal of a positive outcome. You can do this.
Where do I begin?
Your first objective is to define the scope of your project, so you have an overall picture of what you will be required to do as you navigate your case. Block out some time when you won’t be disturbed, grab a pen and some paper, and start by familiarizing yourself with the five stages a family law case typically goes through: (1) filing the initial petition and response; (2) the temporary order process; (3) discovery; (4) the settlement conference; (5) the trial if settlement fails. You can find a breakdown of this process in my post, As A Pro Se Party, You are the Project Manager of Your Family Law Case.
I recommend going through each stage, one at a time, to create action items. Be sure to consider the forms and documents you’ll need to gather, deadlines for filing paperwork, information to compile in support of your case, appointments to make and meetings to attend. Make sure you read more about finding the best family law attorney, that is quite important. At the end of this process, you should have a detailed task checklist for each stage of your case, as well as a project timeline. If you need help with this, Pro Se University offers $5 Roadmaps (several are free) to help you with your family law issue.
Label file folders for each stage of your family law issue, so you’ll have a place to house your checklists and other documents you are likely to collect. Also, buy a large calendar to prominently mark important dates and deadlines.
How can I keep from being overwhelmed by my family law project?
Concentrate on one stage at a time. Simply developing your action plan is a large undertaking, but once it’s in place, executing your to-do lists will seem less daunting. Here are some things you can do to make the work more manageable:
- Create an environment that is conducive to concentrating. This means eliminating distractions and physical clutter. Turn off your phone and television, ignore your doorbell. Your work area should only contain the tools you need in order to work on your case and nothing more. It can be comfortable and accommodating, but cannot be used for anything other than your casework.
- Set aside enough time to get through a few items from your checklist. Don’t try to tackle everything at once, but mix easier tasks with more complicated ones. The energy and ego boost you’ll feel from accomplishing the smaller items will help you power on. People generally underestimate how long it will take to do something, so I recommend doubling your estimate. If you think it will take you half an hour to fill out a form, give yourself an hour. It is better to have extra time on your hands than to miss a deadline.
- If you are stretched thin and your calendar is already full, consider saying no to some of your personal obligations. Effective project managers know how to prioritize. You may need to make some tough decisions if you want to stay focused and on task.
- Be as prepared as you can. If you are working on a computer, constantly back up your files. You don’t want any of your hard work erased. It’s also a good idea to keep a notebook at hand so that you can write down any ideas or questions that come up. Written reminders are important because you will be keeping track of many details, and you don’t want to rely on memory alone. They can also help you quickly pick up where you left off if you are interrupted.
- Above all, take care of yourself during this process. Eat and sleep well, take breaks and cut yourself some slack. It’s perfectly reasonable if other areas of your life fade to the background for a while. Your number one priority is to get through your case and achieve a favorable outcome. Keeping this in mind at all times will be invaluable.
Pro Se University offers affordable legal help for individuals living in King County who are not able to afford an attorney. If you need guidance along the way, contact us or attend a free 30-minute appointment. We will help you get on track and through your family law issue.
Photo by Andy Ciordia
FINE FINALLY FREED!
UPDATE Friday, January 14, 2011
Fine and his daughter Victoria need to get their act together. If his 18 month coercive confinement in solitary is to have any meaning and a good result, we, his supporters, need to be kept informed. The latest information that I had was that he would be in court number 86 down at the Stanley Mosk courthouse at 9:30am, in front of Judge Ann Jones, you can come and Visit us and so we will feel more supported with your presence since at this time is when we need your support the most . I went. Nada. Nothing. Coming home, I find after much computer searching that she had recused herself as one of the accused judges, and the case was reassigned to department 85 in front of Judge Robert O’Brien with no date for a hearing, back on December 16th. How are his admirers to know if they are not on someone’s personal email list?
It’s not good enough for a fan site. It needs a blog kept up-to-date by Richard Fine himself. Enough said!
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September 18, 2010
This is BIG news. He won! It can be done! As a PRO PER too!
From the L.A.Times, Scott Glover, September 18, 2010:
LAWYER ABRUPTLY FREED FROM JAIL
Richard Fine, 70, had spent a year and a half behind bars on contempt charges. Richard Fine has contended he was being targeted because of his challenges to county-funded benefits that judges receive on top of their state pay.
A 70-year-old lawyer who was sentenced to jail “indefinitely” on contempt-of-court charges was abruptly released Friday evening after spending a year and a half behind bars. He was released from Los Angeles County Jail in downtown Los Angeles shortly after 9 p.m. but did not wish to speak to a Times reporter, said his daughter, Victoria.
Fine, an antitrust and taxpayer advocate attorney, was thrown in jail last year by Superior Court Judge David P. Yaffe for failing to answer questions about his finances and for practicing law without a license. [His brave fellow lawyers at the ABA had taken his license away from him – an embarrassment to their lying profession, no doubt!]
The contempt charges stemmed from a case Fine filed on behalf of Marina del Rey homeowners who sued local developers. He had been ordered to pay sanctions and attorneys’ fees in the case. Fine contends he was being targeted by Yaffe because of his challenges to county-funded benefits that judges receive on top of their state pay.
Rather than comply with Yaffe’s orders and be released from jail, Fine vowed to take his case all the way to the U.S. Supreme Court. In May, however, the [“justice for all”] court declined to take up his petition, meaning he could have remained in jail indefinitely as Yaffe had ordered.
The judge could not be reached for comment late Friday.
While in solitary confinement, Fine filed habeas corpus petitions for his release with the California Supreme Court, District Court and the U.S. 9th Circuit Court of Appeals, alleging that Yaffe was biased against him and should have recused himself from the contempt-of-court case.
His imprisonment was “the latest encounter in the 10-year campaign by Fine to restore due process in the California judicial system,” the attorney, who has been representing himself, wrote in his petition to the U.S. Supreme Court. “Fine is the only attorney, of the approximately 208,000 California attorneys, with the courage to challenge the California judiciary,” he wrote.
In a telephone interview with The Times in May, Fine said the U.S. Supreme Court had made the wrong decision by allowing him to remain in jail. He said he would be filing another petition.
“I’m in fighting condition,” he said. “They haven’t broken me down, and they won’t break me down.”
Interesting to note that on September 16, Judge Yaffe made a minute order that Fine should be imprisoned for a further 6 months after which there would be a hearing, and then ON THE VERY NEXT DAY, reversed himself with an order that he should be set free. True, it was the Day of Atonement, (being the first day of Yom Kippur), but I don’t think this moved his change of heart.
I’d rather speculate another reason that this took place. We may never know, but could it have been by Executive Order from the president?
Imagine, he’s sitting across from Ahmadinejad, trying to explain, and complain. Ahmadinejad isn’t listening. Instead, he’s asking how it is that a U.S. citizen is sitting alone in a government prison for a year and a half, on the orders of an American judge, without due process, and brings up images of glass houses.
Obama’s not doing much better with Chavez, who looks at him with a barely concealed smile on his face.
As for Castro, he just slaps his knee, points, and laughs and laughs.
So it becomes a national security issue; there’s a phone call from the White House, and right is finally done. And Yaffe will probably go into hiding after announcing his resignation from the bench.
For a full explanation, and background, to this very shocking very American story, the Full Disclosure Network link provides it here.
And as a lesson to all of us pro pers who would file briefs in court, and could do with a model of clarity and succintness, read Richard’s all-inclusive complaint addressed to some of today’s power brokers.
THREE CHEERS FOR FINE! WELL DONE! YOU DID THIS FOR THE DOWNTRODDEN, AND NOW IT’S ONWARDS AND UPWARDS. YOUR SACRIFICE WILL NOT BE FORGOTTEN!
READ THE ACTUAL COURT DOCUMENTS HERE, courtesy of the FULL DISCLOSURE NETWORK:
These documents, written by Richard Fine, are models of construction, especially given that they were written while confined to a jail cell. THEY WERE IGNORED! Which leads one to the question, WHY BOTHER? What’s the alternative in this greatest country on God’s Green Earth? What follows is one man’s experience in the justice system of these United States:
1. CALIFORNIA SUPERIOR COURT (L.A.). In Judge David Yaffe’s Courtroom. Case No. BS 109420. Notice of Hearing to Order Release. Filed on May 21, 2010. After filing Judge Yaffe refused to set a hearing.
2. U. S DISTRICT COURT (Federal Court) in Judge Magistrate Carla Woehrle’s courtroom. Case No cv-09-1914 JFW (CW). Request for Release. Hearing filed June 9, 2010. The Court failed to act.
3. U.S. SUPREME COURT Petition for Re-Hearing Case No. 09-1 250. Filed June 11, 2010 ( Petition for Writ of Certiorari.) filed June 11, 2010. Court failed to act.
4. Back in CALIFORNIA SUPERIOR COURT, Judge David Yaffe testifies as a witness while sitting on the bench…… and rules in his own favor. In this December 22, 2008 court transcript Judge Yaffe says he is troubled by the court rule that says “in the absence of objection” he must testify, even though he is sitting in judgment on the case. He then admits receiving payments from L. A. County and not disclosing them. When the attorney representing the “interested party” raised an objection to the line of questioning posed by Richard I Fine, (who was representing himself), Judge Yaffe then ruled in his own favor while testifying as a witness.
5. In 2008 the California Supreme Court held in Sturgeon vs County of Los Angeles that the county payments to State Judges were illegal. What to do? So In 2009 the CALIFORNIA LEGISLATURE gave RETROACTIVE IMMUNITY from criminal prosecution, civil liability and disciplinary action to all California Judges and government officials under Senate Bill SBX2 11 (Section 5) for the illegal payments that had been made to judges since 1987.
When “The Law” Breaks the Law!
Read carefully what I tell you today!
The Wild West was won by a small number of folks smart enough to bring along:
They settled lawless cowtowns like Tombstone and Dodge City – not with faster guns and bigger fists, but with popular support of the local townsfolk who believed in the principles of Justice found in those two books: the Bible and Blackstone.
Each of you faces the threat of similar lawlessness.
Yes, even today!
Yes, perhaps especially today!
It may be a bank using fraud to foreclose on your home.
Or, a corrupt business partner, ex-spouse, or next-door neighbor out-of-control.
For many of you, it’s the threat of government officials refusing to follow the law – tax collectors, police officers, and worst of all corrupt judges who allow fraud to prevail.
When “the law” is an outlaw, there’s only one remedy.
The Rules!
I’ll bet you didn’t know the Federal Rules of Evidence are only 16 pages … the very same rules of evidence that control every federal judge, every lawyer arguing in federal court, every giant corporation suing you or being sued by you in federal court, and every government agency trying to pull the wool over your eyes to rob you of your rights,because you don’t yet know the rules as you need to know them …how to use the rules to stop corruption!
State court rules are just as simple and powerful!
Your legal problems today can be solved the same way those western settlers brought lawlessness to its knees in the prairies and remote mountain communities west of the Mississippi more than one-hundred years ago.
The Rules stop lawlessness, once you know how to use the rules to control corrupt judges and crooked lawyers so you can get Justice!
The Rules of Evidence and Rules of Procedure are your protection from lawless legal officials, crooked lawyers, and corrupt judges …Rules that are very easy to learn with my popular, affordable, 24-hour Jurisdictionary step-by-step self-help course!
You have a remedy at law … if you know how to use it.
If a fraudulent lender, bill collector, tax man, corrupt judge, crooked lawyer, or anyone else uses unlawful force to deprive you or your family of your rights, you have a powerful remedy!
THE RULES OF COURT!
The Rules of Evidence and Procedure RULE the courts!
This is true only for those who know how to use them!
Those who know how to use the rules can easily control everyone by the court, in court, and through the court. Parties, judge, lawyers – all are subject to the rules and must obey the rules when you know how to use the rules effectively.
The rules control courts just as surely as the rules of baseball control ball players and umpires!
The Rules of Court are the People’s power to control our government and command our leaders to protect us and redress our grievances with court orders that command even those in the highest offices, the richest of the rich, the biggest of the big.
The Rules are what makes America great!
The Rules are what make YOU POWERFUL!
Yes, even as an individual doing battle with a powerful bank or the county commissioners or a state-supported hospital or an ex-spouse who wants to take you to the proverbial cleaners, YOU HAVE POWER TO WIN BECAUSE THE RULES GIVE YOU THAT POWER.
The Rules are what the 4th of July is all about!
The Rules give every one of us not only the “right to enjoy our rights” but “power to enforce our rights”!
Liberty and Justice are for ALL who know the Rules!
The Rules give you power to (1) make a public record of your grievance, (2) force opponents to answer questions and produce documents and things under oath, (3) force judges to act lawfully, (4) require everyone in court to act lawfully, and (5) have people sent directly to jail if they don’t comply with the rules!
Bet you didn’t know you had that much power!
But, you do have this power … all of you do!
Once you know the Rules of Court and how to use them effectively the way I make easy-to-learn with my 24-hour step-by-step official Jurisdictionary course, nobody will ever again kick sand in your face!
Nobody ever again will rob you under color of law.
Nobody ever again will abuse you and get away with it!
If you don’t yet know what I teach, you cannot imagine how much fun it is to force people to do what’s right by using the rules against them – whether it’s your opponent, some crooked highly-paid lawyer, or even a judge!
Being an American has real advantages!
Everyone gets to use the Rules to stop foreclosure.
Everyone gets to use the Rules to prevent financial loss due to fraud, breach of contract, or unlawful acts.
Everyone gets to use the Rules to see their own children after an ugly divorce!
Everyone gets to use the Rules to command government leaders to either justify their actions by law or back off!
That’s how the West was won!
That’s how you will win once you know what I teach in my popular, 24-hour, step-by-step Jurisdictionary self-help course.
It’s affordable. Less than what it will cost you to sit and chat with a lawyer for one brief hour … and you will learn what it takes to control lawyers: other people’s and your own, if you have one!
I wish I could have been the lawyer who questioned Bill Clinton when he smarted-off with that famous response, “Depends on what you mean by ‘is’.”
What a blast it would have been explaining he was for the duration of that deposition no longer President of the United States. He was being deposed. For that hour or two he had no privileges to ignore the law that binds the rest of us. If he persisted in not answering myquestions with proper responses, I’d have stopped the deposition and moved the court for an order to show why he should not be held in contempt for failing to answer according to the Rules that control every one of us in America!
If he continued to refuse after being ordered to show cause, I’d have moved the court for an order finding him in contempt and jailing him until he agreed to answer me with proper responses according to the Rules!
These are the Rules our Founding Fathers pledged their lives, their fortunes, and their sacred honor to protect.
You may ask, “Do you mean I can have the President of the United States jailed for refusing to answer questions at a deposition?”
Yep!
That’s YOUR POWER!
That’s the power that belongs to every American who will take just 24 hours to learn how to use the Rules of Court to their advantage!
And, once you have POWER TO CONTROL THE COURT, you have power to control the executive branch of our government (state and federal), the legislative branch of our government (state and federal), your local politicians, your local school board, the bank or mortgage company that’s using fraud to foreclose on your home, the liar who slandered you to an employer, the ex-spouse who’s trying to get revenge, the doctor who failed to properly diagnose your illness, your next door neighbor whose tree fell on your roof, and anyone and everyone else who injures you!
Once you know the rules the way I explain so easily an 8th grader can learn, understand, and use in just 24 hours, you have the power every American should seek!
Justice doesn’t fall from the sky.
Justice doesn’t grow on trees.
Justice is a prize that can be won by those who know how to win!
Knowing how to use the Rules is how you win!
Don’t take “no” for an answer.
Don’t just roll over when the other side objects to your requests for production or ignores your interrogatories.
Don’t give up when the other side cites some bogus case that has nothing to do with the issues in your pleadings.
Use the Rules and tame that Wild West spirit that too often takes advantage of those who don’t yet know what I make so easy-to-understand in my popular and affordable 24-hour official step-by-step Jurisdictionary self-help course.
Read the testimonials! ⇒
All 4 CDs plus instant internet access as soon as you order, still only $249 (plus 7.50 for Priority Mail delivery).
What do you have to lose?
Losers believe in fables and get their legal education at the barbershop or expensive weekend seminars or websites run by people who never practiced law, never went to law school, and don’t know mud from sand about the Rules or how to use them to control the court.
Jurisdictionary was created by me to help you with the knowledge and practical experience I gained in 25 years of practicing law in state and federal courts.
Take advantage of what I learned about holding judges’ feet to the fire, devastating crooked lawyers with incisive discovery weapons, getting truth out of liars and frauds.
Protect yourself from courtroom corruption!
If you have a lawyer, you will save thousands in legal fees just by knowing what your lawyer should be doing to earn his or her fees andwin your case instead of bowing and scraping before the judge like many lawyers do!
If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tactics and get the judge on your side!
The key to winning is knowing how to use the Rules!
That’s how you win!
To learn more, go to: www.Jurisdictionary.com NOW!
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My affordable 24-hour step-by-step course includes:
Save legal fees!
Control judges!
Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has my course: “Jurisdictionary Works!”
Posted in pro-se guidance, self help course, U.S. Courts