Future
As the preparation of legal documents becomes more and more computerized, the function of non-attorney document preparers has become less dependent upon the preparer's individual skills, and more upon the quality of their software. By the same token, the continued increase of the availability of document software, legal aid websites, and the like, make it more and more likely that persons with some level of computer skills will be able to prepare and file legal documents without attorneys, and in fact, may not need even the limited assistance offered by LDAs, to prepare competent and quality legal documents. In fact, in the late 1990s, the Texas Bar Association, recognizing the threat that this trend represents to the pocketbooks of lawyers, was sued by Nolo Press, the country's leading publisher of self-help books and software, for alleging that Nolo was guilty of practicing law without a license. Although the Federal Circuit Court hearing the case initially ruled in favor of the State Bar, ultimately, they were unsuccessful, as the Texas Legislature passed a law which clearly established that selling books and software on legal subjects could not be considered practicing law. The preceding sentence exemplifies why the Texas Bar Association's concern with "quality legal documents" prepared by non-attorneys extends beyond the mere "threat that this trend represents of the pocketbooks of lawyers," since the above mentioned law - Tex. Gov't. Ann. ยง 81.101 provides:
At the very least, it appears that the statute exempts only such books and software which "clearly and conspicuously state that the products are not a substitute for the advice of an attorney." Thus, under certain facts and circumstances, it appears that such software and/or books could still constitute the unauthorized practice of law absent a disclaimer as required by the statute. For a discussion of the specific facts that led a federal court to conclude that the developer, publisher, and marketer of Quicken Family Lawyer had engaged in the unauthorized practice of law in Texas (prior to enactment of section C, above), the reader is referred to Unauthorized Practice of Law Committee v. Parsons, 1999 WL 47235 (N.D. Tex. 1999)
In New York, "quality" legal documents are available online through the state court system.
Read more about this topic: Legal Document Assistant
Famous quotes containing the word future:
“One merit in Carlyle, let the subject be what it may, is the freedom of prospect he allows, the entire absence of cant and dogma. He removes many cartloads of rubbish, and leaves open a broad highway. His writings are all unfenced on the side of the future and the possible. Though he does but inadvertently direct our eyes to the open heavens, nevertheless he lets us wander broadly underneath, and shows them to us reflected in innumerable pools and lakes.”
—Henry David Thoreau (1817–1862)
“The future of America may or may not bring forth a black President, a woman President, a Jewish President, but it most certainly always will have a suburban President. A President whose senses have been defined by the suburbs, where lakes and public baths mutate into back yards and freeways, where walking means driving, where talking means telephoning, where watching means TV, and where living means real, imitation life.”
—Arthur Kroker (b. 1945)
“We must choose. Be a child of the past with all its crudities and imperfections, its failures and defeats, or a child of the future, the future of symmetry and ultimate success.”
—Frances E. Willard 1839–1898, U.S. president of the Women’s Christian Temperance Union 1879-1891, author, activist. The Woman’s Magazine, pp. 137-40 (January 1887)