typical legal issues raised by “pro se” patrons family law traffic law employment law ...

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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

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Page 1: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 2: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

Marriage and divorce Custody, support and visitation Guardianship

Includes, children, seniors, disabled Paternity Protections from Abuse

Page 3: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

DUI “Points” and license revocation Traffic tickets

Page 4: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 5: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

Establishing a business entity Corporation Sole proprietorship Other

Non-profit corporation Consumer complaints “UCC” liens

Page 6: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

Discrimination Free speech and assembly

Page 7: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

Social Security AFDC, Food Stamps Veteran’s Benefits

Page 8: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 9: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 10: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 11: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

judgments

Page 12: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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

Page 13: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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)

Page 14: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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…”)

Page 15: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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?

Page 16: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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?

Page 17: Typical legal issues raised by “pro se” patrons  Family law  Traffic law  Employment law  Business/Consumer issues  Civil rights  Public Benefits

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?