Middle Class Getting Squeezed Out of Courts. So What is Being Done About it?

, Daily Business Review

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Florida must do a better job of providing the poor and working middle class with legal representation, said a panel of judges and legal experts at a Legal Services Corp. seminar in Miami.

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What's being said

  • John

    The Bar Association and Judges should crack down on the abusive conduct of some attorneys against pro se opponents. I personally, have seen conduct that goes far beyond the normal ‘legal strategy‘ situation such as:
    1) flagrantly lying to the Court about past orders (this is endemic in foreclosure courts because they know the Judge has no time to double check the record); 2) abusing eCourtesy by flooding it with court papers that appear to come from the self-represented person who cannot access eCourtesy to see what was submitted; 3) authoring orders where the Court relies on an accurate version of orders being written up without showing drafts to their opponent thereby creating inconsistent and factually inaccurate orders that could have been corrected early, among other abuses.
    Most pro se litigants don‘t stand a chance against these tactics because it is natural (and reasonable) for a Judge to trust an "officer of the Court" who is really acting in a catch and catch can manner in a Court drowning in a massive docket.
    Handing out serious sanctions for this type conduct would go a long way to helping the goal of legitimate access to the court in times where legal fees can run well into 5 figures and commonly higher.

  • Weary plaintiff‘s lawyer

    maybe the problem of representing the "little guy" could be alleviated by stopping the all-out assault on the the plaintiff‘s bar which has been happening for the last 20 years or so.

  • Sadly, Nobody Cares

    Trust me - "mega-firms" don‘t want to do pro bono work unless it is something that is going to get them "mega" press attention.

    And, unless you are somehow connected to these mega firms through a relative, or a mega client and are doing a favor for these mega clients - regular folk off the streets don‘t stand a chance.

    A lot of these "poor folk cases" can be won with a little effort - unfortunately, these cases don‘t have the clout behind them and therefore, are unworthy of the time and effort from these mega firms. Heck, if these supposedly "unwinnable" cases involved the attorneys themselves, you can guarantee there would be a windfall in their favor.

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