78ce5b47eb94b1d916cd917d11a115d9.ppt
- Количество слайдов: 17
You want to sue who? 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
Family law Marriage and divorce Custody, support and visitation Guardianship Includes, children, seniors, disabled Paternity Protections from Abuse
Traffic law DUI “Points” and license revocation Traffic tickets
Employment law Worker’s Compensation Unemployment Compensation Termination Discrimination Family and Medical Leave
Business/consumer issues Establishing a business entity Corporation Sole proprietorship Other Non-profit corporation Consumer complaints “UCC” liens
Civil rights Discrimination Free speech and assembly
Public Benefits Social Security AFDC, Food Stamps Veteran’s Benefits
Estate planning Drafting a will Probating a will, managing an estate Living wills and health care directives Power of attorney
Real estate Landlord/tenant issues Purchase of residential real estate Purchase of commercial real estate Oil and gas/Marcellus Shale
Criminal law 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
Court procedure Small claims court Subpoenas and court orders Appeals Judgments, including collecting on judgments
The Rules of Legal Reference 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
What you CAN do 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)
What you CANNOT do 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…”)
Answer? Reference? Refer? 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 exspouse? 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?
Answer? Reference? Refer? 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?
And some for the road… 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?