 Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits.

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Presentation transcript:

 Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits  Estate Planning  Real estate  Criminal law  Court procedure

 Marriage and divorce  Custody, support and visitation  Guardianship  Includes, children, seniors, disabled  Paternity  Protections from Abuse

 DUI  “Points” and license revocation  Traffic tickets

 Worker’s Compensation  Unemployment Compensation  Termination  Discrimination  Family and Medical Leave

 Establishing a business entity  Corporation  Sole proprietorship  Other  Non-profit corporation  Consumer complaints  “UCC” liens

 Discrimination  Free speech and assembly

 Social Security  AFDC, Food Stamps  Veteran’s Benefits

 Drafting a will  Probating a will, managing an estate  Living wills and health care directives  Power of attorney

 Landlord/tenant issues  Purchase of residential real estate  Purchase of commercial real estate  Oil and gas/Marcellus Shale

 Crimes: assault, drugs, theft, harassment, etc.  Arrest proceedings including bail  Criminal rights issues  Right to remain silent  Right to attorney  Search and seizure  Sentencing and expungement

 Small claims court  Subpoenas and court orders  Appeals  Judgments, including collecting on judgments

 Does the person have a legal problem that they are trying to solve?  What are the consequences if you are wrong?  UPL: Unauthorized Practice of Law  A risk? Yes, but not huge  Both civil and criminal consequences

 Provide specific information in response to a specific question  Find cases/statutes/regs/forms when given the name or other identifying information  Locate items by citation  Locate contact information  Locate sources for information (w/ caution)  Refer patron to legal/other services  Refer patron to government agency  Be accurate, unbiased, and courteous  Be professional (not personal)

 Do not interpret what something means  Do not suggest what a person should do  Do not select the specific information item (case, statute, form) if given incomplete information  Do not assist in completing forms  Do not involve yourself in the person’s problem  Do not act as an “expert” (“What I did was…”)

 What does “Interlocutory Appeal” mean?  Is Dewey, Cheatum & Howe a good law firm?  How can I appeal a magistrate judge’s decision to the Court of Common Pleas  Does atty John Cheatum have any bar association complaints against him?  Who do I see about getting a PFA order against my ex- spouse?  Can you find the case of Row vs. Wade for me?  Who do I get a federal explosives permit from?  My landlord won’t return my security deposit, how do I sue him/her?  What does 27 CFR 555 mean?

 My grandmother’s will left her house to me. Do I own it now?  I want to have my criminal record expunged. How do I do that?  I’ve had my criminal record expunged. Do I need to list it on a job application?  My neighbor’s tree droops over my fence and creates a mess (nuts, fruit, etc.) on my lawn, can I cut the branches that are over my property?  My friend says I should file a 1983 action against the police for harassing me. What’s a 1983 action and how do I file one?

 How do I find an attorney to represent me at the last judgment?  What are the operational rights of bounty hunters in PA?  My wife just told me I’m not the father of our son. Do I have to continue to support him?  My mother-in-law just had my dead husband’s body exhumed and reburied and she won’t tell me where he is buried. Can she do that?