UPL Update January 1, 2004 Janet Morgan Regular News What can nonlawyer form preparation services do? Bar UPL Counsel, Ft. Lauderdale Nonlawyers are allowed to provide certain limited services to the public but cannot give legal advice or do anything which constitutes the practice of law. Generally speaking, they can sell blank legal forms and act as a secretarial service, copying a customer’s information into the blanks of the form. They must copy or type in the information exactly as the customer gives it. Nonlawyers may also sell or provide general preprinted information describing legal procedures. They may provide simple administrative information (number of copies required to file, filing fees, etc.), and may offer a courier service to file papers at the courthouse.They cannot answer questions concerning a customer’s legal matters. They cannot hold themselves out as attorneys, or as someone capable of providing legal services. They cannot take the information to complete the form from the customer verbally, unless the customer is using a Supreme Court Approved Simplified Form in the area of family law or landlord/tenant law. The nonlawyer cannot select the type of form or course of action the customer needs, nor direct the customer in what supporting materials should accompany a legal document. They cannot correct errors or omissions made by the customer. They cannot create, modify, or tailor a form to meet a particular customer’s needs. Under the law, they are to act as a secretarial service only.So how should this work in practice? Joe wants to add his son to the title of his house. He walks into the nonlawyer form preparer’s office. Joe — “I need a deed.” Nonlawyer — “What kind of form would you like?” Joe — “Hmm. I’m not sure. What do you have?” Nonlawyer — “I cannot select a form for you. Here is a list of all the deed forms we have available.” Joe — “Ok, I’m still not completely sure.” Nonlawyer — “Well, here is a preprinted sheet for you to read which describes the various types of deeds and methods of transfer.” Joe — “Looks like what I want is a quit claim deed.” Nonlawyer — “Here is the quit claim deed form that we sell. You need to put the information into the blanks in writing, and give it back to me. I will type it for you. But be careful, I cannot correct any errors or omissions you make.”Now, is a quit claim deed what Joe really needs? Could Joe be doing something detrimental to his interests? That is Joe’s decision to make, right or wrong. The intent of the court in allowing nonlawyers to sell legal forms was to increase access to the court system. However, the purchaser of the form must represent himself. Knowing the proper legal form to use, filling out the form correctly, and understanding the legal ramifications of a document are wholly the customer’s responsibility.The next column will discuss how the Bar investigates complaints against nonlawyer form preparation services.
Year-to-date change 0.8% 0.9% 0.8% The latest quarterly auction report from CoreLogic reveals rents are on the rise. Image: AAP/Glenn HuntWith a median rent of $582 a week, Sydney remains Australia’s most expensive city for tenants.CoreLogic senior analyst Cameron Kusher said the first quarter of the year had recorded the highest increase in weekly rents since the corresponding first quarter a year ago.More from newsParks and wildlife the new lust-haves post coronavirus13 hours agoNoosa’s best beachfront penthouse is about to hit the market13 hours ago“Our regional housing markets are performing marginally better than the capital cities, many of which have been experiencing weaker rental market conditions in recent years due to excess housing supply,” Mr Kusher said. This three-bedroom house at 10 Kipling St, Moorooka, is for rent for $440 a week.BRISBANE RENTAL MARKET MARCH QTR 2019 All dwellings Houses UnitsMedian rent $436 $453 $399 Year-on-year change 1.4% 1.5% 1.2% Rents are rising in Brisbane. Image: AAP/Glenn HuntAnd they have jumped 1.4 per cent in the past 12 months.The report noted the past year had marked a change in direction for the Brisbane rental market, following several years of declines.Rental yields are also strong in Brisbane at 4.55 per cent, which is higher than the national average of 4.1 per cent.Quarterly rents increased in all capital cities, except Darwin. Monthly change 0.1% 0.2% 0% Current yield 4.5% 4.3% 5.4% A two-bedroom, two-bathroom unit in this complex at 19/15 Durham St, Coorparoo, is for rent for $450 a week.Universal Buyers Agents director Darren Piper said factors such as affordability, interstate migration and the return of investors indicated the Brisbane property market would see stronger rental yields and capital growth this year.Mr Piper said properties in the city’s inner and middle rings offered the most exciting capital growth opportunities for investors in the long-term.He highlighted the suburbs of Keperra and Chermside West for investors looking for entry-level properties, and Cannon Hill, Holland Park and Kedron for those seeking a middle-ring investment. Yield 12 mths ago 4.4% 4.2% 5.2% A house for rent at Caboolture. Picture: Paul GuyRENTS are defying the national housing downturn, with Brisbane showing one of the biggest rises as it continues to buck the trend.The latest quarterly rent report from property researcher CoreLogic reveals rents increased 1 per cent around the country in the first three months of the year.Rents in the Queensland capital rose 0.8 per cent during the period to reach a median of $436 a week, which is the same as the national average. (Source: CoreLogic) Quarterly change 0.8% 0.9% 0.8%
Don Cossack maintained his unbeaten record this season with a third victory from as many starts in a dramatic renewal of the John Durkan Memorial Punchestown Chase. Press Association Gordon Elliott’s seven-year-old, a Grade One winner as a novice a year ago, was settled in third by Brian O’Connell but soon found himself in front when Baily Green and Rathlin fell at the same fence, doing Boston Bob no favours. The 13-8 chance was there to be shot at between the final two fences as Boston Bob and Texas Jack both attacked, but he dug deep to emerge the winner by four and a half lengths. The favourite Boston Bob was being niggled at some way out but held second spot, while Cheltenham Gold Cup hero Lord Windermere ran a fine race on his seasonal bow, running on stoutly to take third late on. Elliott said: “That’s great. He deserves that, in fairness to him. He’s always gotten plenty of stick and people have said he’s been disappointing, but he’s a dual Grade One winner now. “I’ll have to talk to Michael and Eddie (O’Leary), but if I had my way he wouldn’t run until Cheltenham and go straight for the Ryanair. I have to discuss it with the owners as they have a lot of horses. He won’t go to the King George. “He’s a year older now, which makes a difference, but he was never a bad horse last year and things didn’t work out for him. He might have had a bit much last year and we’ll try and train him differently. “He had to do it the hard way today. They all came to beat him, but he picked up and galloped all the way to the line. “I’d said he’ll go any trip once he relaxes. It was a good performance today and we’re happy.” RaceBets quote Don Cossack at 8-1 for the Ryanair at Cheltenham in March. Rider Davy Russell was thrilled with the effort of the Jim Culloty-trained Lord Windermere. He said: “He was a bit sticky early on, but without winning I couldn’t be happier with him. He’ll come on from that.” Culloty added: “Once he’s OK in the morning, and he hasn’t had a hard time of it, it will be all systems go for Christmas. He galloped all the way to the line and didn’t have a hard race. “Nothing is set in stone because you have to take these races one a time, but the plan originally was the John Durkan, the Lexus, the Irish Hennessy and Cheltenham, and at the moment that is still the plan.”
Story updated to reflect that Ghana will face Tunisia in the next round Ghana’s Black Stars have secured a place in the next round of the 2019 African Cup of Nations after a 2-0 win over Guinea-Bissau on Tuesday.Goals from Jordan Ayew and Thomas Partey helped the Stars remain unbeaten in the tournament and finish top of Group F.Despite being widely expected to be a walkover for the Black Stars, the match with Burkina Faso was anything but, at least in the first half as Guinea-Bissau started as the better side.Thomas Partey, who has struggled all tournament, yet again found himself in a bit of bother as he gave the ball away in the middle of the pitch and was beaten for pace.Joseph Aidoo made a clumsy tackle on the onrushing Guinean in the box but the referee waved away the penalty appeals.With the Black Stars struggling to keep the ball early on, the Guineans threatened and almost took the lead as Brito e Silva’s powerful bending shot was pushed onto the bar by Richard Ofori.Having survived the early scares, the Black Stars grew into the half and created a number of good chances, the best falling to Jordan Ayew who put through on goal and hit the post.The rebound from Andre Ayew was blocked by the Guinean defence.Some good work from Samuel Owusu down the right saw him work in a good cross which found Kwabena Owusu unmarked in the box but he headed wide.Thomas Partey then had a long-range drive scrambled out by the keeper as the Black Stars ended the half strongly.It must have been some team talk from Kwesi Appiah at half-time as the Black Stars came out firing.Jordan Ayew ran onto a long pass forward, beat his marker easily and bent a delightful finish into the top corner.He almost got on the end of another long pass but was adjudged to have fouled the defender this time.Guinea-Bissau almost equalised but a shot from outside the box hit the post.They hit the woodwork again direct from a corner before Mendes’ effort was palmed away by the impressive Richard Ofori.Ghana then secured all three points and with it, qualification, as Andre Ayew played in Baba Rahman, whose cutback was turned home by Partey.Jordan Ayew hit the post again for good measure with Guinea-Bissau failing to threaten for the rest of the game, exiting the tournament without a goal.With Cameroon and Benin drawing 0-0 in the other game in the group, the Black Stars topped the group having scored more goals than the Indomitable Lions.Ghana avoid an all West African meeting with Nigeria and will now face Tunisia who were runners-up of Group E while Cameroon go on to have a showdown with the Super Eagles.