RULE 12.750. FAMILY SELF-HELP PROGRAMS

(a) Establishment of Programs. A chief judge, by
administrative order, may establish a self-help program to facilitate
access to family courts. The purpose of a self-help program is to
assist self-represented litigants, within the bounds of this rule, to
achieve fair and efficient resolution of their family law case. The
purpose of a self-help program is not to provide legal advice to self-
represented litigants. This rule applies only to programs established
and operating under the auspices of the court pursuant to this rule.

(b) Definitions.

(1) “Family law case” means any case in the circuit that
is assigned to the family law division.

(2) “Self-represented litigant” means any individual who
seeks information to file, pursue, or respond to a family law case
without the assistance of a lawyer authorized to practice before the
court.

(3) “Self-help personnel” means lawyer and nonlawyer
personnel in a self-help program.

(4) “Self-help program” means a program established
and operating under the authority of this rule.

(5) “Approved form” means (A) Florida Family Law
Rules of Procedure Forms or Florida Supreme Court Approved
Family Law Forms or (B) forms that have been approved in writing
by the chief judge of a circuit and that are not inconsistent with the
Supreme Court approved forms, copies of which are to be sent to
the chief justice, the chair of the Family Law Rules Committee of
The Florida Bar, the chair of the Family Law Section of The Florida
Bar, and the chair of the Family Court Steering Committee. Forms
approved by a chief judge may be used unless specifically rejected
by the Supreme Court.

(c) Services Provided. Self-help personnel may:
(1) encourage self-represented litigants to obtain legal
advice;

(2) provide information about available pro bono legal
services, low cost legal services, legal aid programs, and lawyer
referral services;

(3) provide information about available approved forms,
without providing advice or recommendation as to any specific
course of action;

(4) provide approved forms and approved instructions
on how to complete the forms;

(5) engage in limited oral communications to assist a
person in the completion of blanks on approved forms;

(6) record information provided by a self-represented
litigant on approved forms;

(7) provide, either orally or in writing, definitions of
legal terminology from widely accepted legal dictionaries or other
dictionaries without advising whether or not a particular definition
is applicable to the self-represented litigant’s situation;

(8) provide, either orally or in writing, citations of
statutes and rules, without advising whether or not a particular
statute or rule is applicable to the self-represented litigant’s
situation;

(9) provide docketed case information;

(10) provide general information about court process,
practice, and procedure;

(11) provide information about mediation, required
parenting courses, and courses for children of divorcing parents;

(12) provide, either orally or in writing, information from
local rules or administrative orders;
(13) provide general information about local court
operations;

(14) provide information about community services; and

(15) facilitate the setting of hearings.

(d) Limitations on Services. Self-help personnel shall not:

(1) provide legal advice or recommend a specific course
of action for a self-represented litigant;

(2) provide interpretation of legal terminology, statutes,
rules, orders, cases, or the constitution;

(3) provide information that must be kept confidential
by statute, rule, or case law;

(4) deny a litigant’s access to the court;

(5) encourage or discourage litigation;

(6) record information on forms for a self-represented
litigant, except as otherwise provided by this rule;

(7) engage in oral communications other than those
reasonably necessary to elicit factual information to complete the
blanks on forms except as otherwise authorized by this rule;

(8) perform legal research for litigants;

(9) represent litigants in court; and

(10) lead litigants to believe that they are representing
them as lawyers in any capacity or induce the public to rely upon
them for legal advice.

(e) Unauthorized Practice of Law. The services listed in
subdivision (c), when performed by nonlawyer personnel in a self-
help program, shall not be the unauthorized practice of law.
(f) No Confidentiality. Notwithstanding ethics rules that
govern attorneys, certified legal interns, and other persons working
under the supervision of an attorney, information given by a self-
represented litigant to self-help personnel is not confidential or
privileged.

(g) No Conflict. Notwithstanding ethics rules that govern
attorneys, certified legal interns, and other persons working under
the supervision of an attorney, there is no conflict of interest in
providing services to both parties.

(h) Notice of Limitation of Services Provided. Before
receiving the services of a self-help program, self-help personnel
shall thoroughly explain the “Notice of Limitation of Services
Provided” disclaimer below. Each self-represented litigant, after
receiving an explanation of the disclaimer, shall sign an
acknowledgment that the disclaimer has been explained to the self-
represented litigant and that the self-represented litigant
understands the limitation of the services provided. The self-help
personnel shall sign the acknowledgment certifying compliance with
this requirement. The original shall be filed by the self-help
personnel in the court file and a copy shall be provided to the self-
represented litigant.

NOTICE OF LIMITATION
OF SERVICES PROVIDED


THE PERSONNEL IN THIS SELF-HELP PROGRAM ARE NOT
ACTING AS YOUR LAWYER OR PROVIDING LEGAL ADVICE
TO YOU.
SELF-HELP PERSONNEL ARE NOT ACTING ON BEHALF OF
THE COURT OR ANY JUDGE. THE PRESIDING JUDGE IN
YOUR CASE MAY REQUIRE AMENDMENT OF A FORM OR
SUBSTITUTION OF A DIFFERENT FORM. THE JUDGE IS
NOT REQUIRED TO GRANT THE RELIEF REQUESTED IN A
FORM.
THE PERSONNEL IN THIS SELF-HELP PROGRAM CANNOT
TELL YOU WHAT YOUR LEGAL RIGHTS OR REMEDIES
ARE, REPRESENT YOU IN COURT, OR TELL YOU HOW TO
TESTIFY IN COURT.
SELF-HELP SERVICES ARE AVAILABLE TO ALL PERSONS
WHO ARE OR WILL BE PARTIES TO A FAMILY CASE.
THE INFORMATION THAT YOU GIVE TO AND RECEIVE
FROM SELF-HELP PERSONNEL IS NOT CONFIDENTIAL
AND MAY BE SUBJECT TO DISCLOSURE AT A LATER
DATE. IF ANOTHER PERSON INVOLVED IN YOUR CASE
SEEKS ASSISTANCE FROM THIS SELF-HELP PROGRAM,
THAT PERSON WILL BE GIVEN THE SAME TYPE OF
ASSISTANCE THAT YOU RECEIVE.
IN ALL CASES, IT IS BEST TO CONSULT WITH YOUR OWN
ATTORNEY, ESPECIALLY IF YOUR CASE PRESENTS
SIGNIFICANT ISSUES REGARDING CHILDREN, CHILD
SUPPORT, ALIMONY, RETIREMENT OR PENSION
BENEFITS, ASSETS, OR LIABILITIES.

I CAN READ ENGLISH.
I CANNOT READ ENGLISH. THIS NOTICE WAS READ
TO ME BY {NAME} IN {LANGUAGE}
.


SIGNATURE

AVISO DE LIMITACION
DE SERVICIOS OFRECIDOS


EL PERSONAL DE ESTE PROGRAMA DE AYUDA PROPIA
NO ESTA ACTUANDO COMO SU ABOGADO NI LE ESTA
DANDO CONSEJOS LEGALES.
ESTE PERSONAL NO REPRESENTA NI LA CORTE NI
NINGUN JUEZ. EL JUEZ ASIGNADO A SU CASO PUEDE
REQUERIR UN CAMBIO DE ESTA FORMA O UNA FORMA
DIFERENTE. EL JUEZ NO ESTA OBLIGADO A CONCEDER
LA REPARACION QUE USTED PIDE EN ESTA FORMA.
EL PERSONAL DE ESTE PROGRAMA DE AYUDA PROPIA
NO LE PUEDE DECIR CUALES SON SUS DERECHOS NI
SOLUCIONES LEGALES, NO PUEDE REPRESENTARLO EN
CORTE, NI DECIRLE COMO TESTIFICAR EN CORTE.
SERVICIOS DE AYUDA PROPIA ESTAN DISPONIBLES A
TODAS LAS PERSONAS QUE SON O SERAN PARTES DE UN
CASO FAMILIAR.
LA INFORMACION QUE USTED DA Y RECIBE DE ESTE
PERSONAL NO ES CONFIDENCIAL Y PUEDE SER
DESCUBIERTA MAS ADELANTE. SI OTRA PERSONA
ENVUELTA EN SU CASO PIDE AYUDA DE ESTE
PROGRAMA, ELLOS RECIBIRAN EL MISMO TIPO DE
ASISTENCIA QUE USTED RECIBE.
EN TODOS LOS CASOS, ES MEJOR CONSULTAR CON SU
PROPIO ABOGA-DO, ESPECIALMENTE SI SU CASO TRATA
DE TEMAS RESPECTO A NINOS, MANTENIMIENTO
ECONOMICO DE NINOS, MANUTENCION MATRIMONIAL,
RETIRO O BENEFICIOS DE PENSION, ACTIVOS U
OBLIGACIONES.

YO PUEDO LEER ESPANOL.
YO NO PUEDO LEER ESPANOL. ESTE AVISO FUE
LEIDO A MI POR {NOMBRE} EN {IDIOMA}
.


FIRMA

If information is provided by telephone, the notice of limitation
of services provided shall be heard by all callers prior to speaking to
self-help staff.

(i) Exemption. Self-help personnel are not required to
complete Florida Family Law Rules of Procedure Form 12.900(a),
Disclosure From Nonlawyer, as required by rule 10-2.1, Rules
Regulating The Florida Bar. The provisions in rule 10-2.1, Rules
Regulating The Florida Bar, which require a nonlawyer to include
the nonlawyer’s name and identifying information on a form if the
nonlawyer assisted in the completion of a form, are not applicable
to self-help personnel unless the self-help personnel recorded the
information on the form as authorized by this rule.

(j) Availability of Services. Self-help programs are
available to all self-represented litigants in family law cases.

(k) Cost of Services. Self-help programs, as authorized by
statute, may require self-represented litigants to pay the cost of
services provided for by this rule, provided that the charge for
persons who are indigent is substantially reduced or waived.

(l) Records. All records made or received in connection with
the official business of a self-help program are judicial records and
access to such records shall be governed by Florida Rule of General
Practice and Judicial Administration 2.420.

(m) Domestic, Repeat, Dating, and Sexual Violence, and
Stalking Exclusion. Nothing in this rule shall restrict services
provided by the clerk of the court or family or in-junctions for
protection intake personnel pursuant to rule 12.610.

Commentary

1998 Adoption. It should be emphasized that the personnel
in the self-help programs should not be providing legal advice to
self-represented litigants. Self-help personnel should not engage in
any activities that constitute the practice of law or inadvertently
create an attorney-client relationship. Self-help programs should
consistently encourage self-represented litigants to seek legal advice
from a licensed attorney. The provisions of this rule only apply to
programs established by the chief judge.
Subdivision (b). This rule applies only to assistance offered in
family law cases. The types of family law cases included in a family
law division may vary based on local rule and it is anticipated that a
local rule establishing a self-help program may also exclude types of
family law cases from the self-help program. Programs may operate
with lawyer personnel, nonlawyer personnel, or a combination
thereof.
Subdivision (c)(2). The self-help program is encouraged to
cooperate with the local bar to develop a workable system to provide
this information. The program may maintain information about
members of The Florida Bar who are willing to provide services to
self-represented litigants. The program may not show preference for
a particular service, program, or attorney.
Subdivision (c)(3). In order to avoid the practice of law, the
self-help personnel should not recommend a specific course of
action.
Subdivision (c)(5). Self-help personnel should not suggest the
specific information to be included in the blanks on the forms. Oral
communications between the self-help personnel and the self-
represented litigant should be focused on the type of information
the form is designed to elicit.
Subdivision (c)(8). Self-help personnel should be familiar with
the court rules and the most commonly used statutory provisions.
Requests for information beyond these commonly used statutory
provisions would require legal research, which is prohibited by
subdivision (d)(8).
Subdivision (c)(9). Self-help personnel can have access to the
court’s docket and can provide information from the docket to the
self-represented litigant.
Subdivision (f). Because an attorney-client relationship is not
formed, the information provided by a self-represented litigant is
not confidential or privileged.
Subdivision (g). Because an attorney-client relationship is not
formed, there is no conflict in providing the limited services
authorized under this rule to both parties.
Subdivision (h). It is intended that self-represented litigants
who receive services from a self-help program understand that they
are not receiving legal services. One purpose of the disclosure is to
prevent an attorney-client relationship from being formed. In
addition to the signed disclosure, it is recommended that each
program post the disclosure in a prominent place in the self-help
program. The written disclosure should be available and posted in
the languages that are in prevalent use in the county.
Subdivision (i). This provision is to clarify that nonlawyer
personnel are not required to use Florida Family Law Rules of
Procedure Form 12.900(a) because the information is included in
the disclosure required by this rule. Self-help personnel are
required to include their name and identifying information on any
form on which they record information for a self-represented
litigant.