FORM COMPLETION BY A NONLAWYER

(a) Supreme Court Approved Forms. It is not the unlicensed practice of law for a nonlawyer to engage in limited oral communication to assist a self-represented person in the completion of blanks on a Supreme Court Approved Form. In assisting in the completion of the form, oral communication by nonlawyers is restricted to those communications reasonably necessary to elicit factual information to complete the blanks on the form and inform the self-represented person how to file the form. The nonlawyer may not give legal advice or give advice on remedies or courses of action. Legal forms approved by the Supreme Court of Florida which may be completed as set forth in this rule are limited to the following forms, and any other legal form whether promulgated or approved by the Supreme Court of Florida, is not a Supreme Court Approved Form for the purposes of this rule:

(1) forms that have been approved by the Supreme Court of Florida specifically under the authority of rule 10-2.1(a) (formerly rule 10-1.1(b)) of the Rules Regulating The Florida Bar; and

(2) the Florida Supreme Court Approved Family Law Forms contained in the Florida Family Law Rules of Procedure.

(b) Forms That Have Not Been Approved by the Supreme Court of Florida.

(1) It is not the unlicensed practice of law for a nonlawyer to engage in a secretarial service, typing forms for self-represented persons by copying information given in writing by the self-represented person into the blanks on the form. The nonlawyer must transcribe the information exactly as provided in writing by the self-represented person without addition, deletion, correction, or editorial comment. The nonlawyer may not engage in oral communication with the self-represented person to discuss the form or assist the self-represented person in completing the form.

(2) It is the unlicensed practice of law for a nonlawyer to give legal advice, give advice on remedies or courses of action, or draft a legal document for a particular self-represented person. It is also the unlicensed practice of law for a nonlawyer to offer to provide legal services directly to the public.

(c) As to All Legal Forms.

(1) Except for forms filed by the petitioner in an action for an injunction for protection against domestic or repeat violence, the following language must appear on any form completed by a nonlawyer and any individuals assisting in the completion of the form must provide their names, titles, business names, addresses, telephone numbers, and email addresses on the form: This form was completed with the assistance of: …..(Name of Individual)….. …..(Title of Individual)….. …..(Name of Business)….. …..(Address)….. …..(Telephone Number)….. …..(Email Address)…..

(2) Before a nonlawyer assists a person in the completion of a form, the nonlawyer must provide the person with a copy of a disclosure which contains the following provisions: …..(Name)….. told me that he/she is a nonlawyer and may not give legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court. Rule 10-2.1(h) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar, an out-of-state lawyer engaged in the authorized practice of law in Florida, or a foreign lawyer engaged in the authorized practice of law in Florida and who performs specifically delegated substantive legal work for which the supervising lawyer is responsible. Only persons who meet the definition may call themselves paralegals. …..(Name)….. informed me that he/she is not a paralegal as defined by the rule and cannot call himself/herself a paralegal. …..(Name)….. told me that he/she may only type the factual information provided by me in writing into the blanks on the form. Except for typing, …..(Name)….. may not tell me what to put in the form and may not complete the form for me. However, if using a form approved by the Supreme Court of Florida, …..(Name)….. may ask me factual questions to fill in the blanks on the form and may also tell me how to file the form. ………. I can read English ………. I cannot read English but this notice was read to me by …..(Name)….. in …..(Language)….. which I understand.

(3) A copy of the disclosure, signed by both the nonlawyer and the assisted person, must be given to the assisted person to retain and the nonlawyer must keep a copy in the assisted person’s file. The nonlawyer must also retain copies for at least 6 years of all forms given to the assisted person. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability.