Texas Self-Help Law Clinic
 
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Helping You Protect Yourself Without A Lawyer - Site Under Construction

I believe that everyone going through public school in this enlightened age of the Internet should receive practical application classes in exercising the law and in civil rights.  This should be as important a subject for "little Johnnie" as history, health, government, math and English.

Back in November of 1992 this writer received word that the Texas Attorney General's Office has moved to chill authors, publishers and consumer's ability to advertise, sell and buy legal information.  This attack came in the form of a lawsuit against a legal self-help publishing company, DSA Financial Publishing Corporation, of in Canton, Ohio.  The suit was based on alleged violation of the Deceptive Trade Practices Act under the Consumer Protection Division.  It alleged that DSA engaged in misleading and deceptive acts though its advertisement for a Living Trust Kit.  The Attorney General's office claimed that DSA misled consumers in its advertising as it "oversimplifies the process of establishing a living trust and that the living trust kit itself "constitutes the unauthorized practice of law."  The suit was styled:  State of Texas v. DSA Financial Publishing Co.; 34th Judicial District Court of El Paso County, Texas, Cause No. 925335.

Although this suit was local in nature, its ramifications had national in effect.  The State of Texas won this suit, and set a precedent for other states to follow.  This put all legal self-help publishers such as Quicken, Nolo and independent paralegals at risk of UPL and deceptive trade practice law suits, thereby creating a chilling effect on the legal self-help industry.  Texas has always lead the nation in this area of "Good-Old-Boys" protecting the lawyer's "turf."

Further, the American Bar Association established a National Commission on Nonlawyer Practice to investigate the role of nonlawyers in delivery of legal services to the public.

We feel the ABA and The State Bar of Texas are living in a world where they consider everyone but themselves to be directly related to Pee Wee Herman.  On the contrary, the American public is intelligent and will stand up for their basic constitutional rights whatever chilling effect attorney organizations in America bring to bear upon them.  This has gone on long enough:  we must take back our courts, and our constitutional rights.  The Bar Associations will loose.

We live today in an electronic age -- the Information Age.  Free speech, press, and assembly will NOT be chilled.

This writer was charged with the "Unauthorized Practice of Law" about 15 years ago by the Supreme Court of Texas and ordered to answer that suit in a court subordinate to it.  This writer and respondent was aware that no court in the United States of America had the right or "person" to bring either criminal or civil actions against any party or entity; and so answered the suit within the allotted time.

The writer/respondent further filed discovery requests with the court and asked for a jury trial. These discovery requests were never answered. Aware that any jury trial in which an individual was sued by a court and its "Unauthorized Practice of Law Committee" would be a farce and make the Supreme Court of Texas a laughing stock; the court dismissed the jury and held the "trial" without inviting the respondent. At this trial, the respondent was found "guilty" in this civil case (although "guilty" findings apply only to criminal charges). The court, along with the "Unauthorized Practice of Law Committee" altogether failed to notify this writer/respondent of its findings and a court injunction.

Subsequently, the writer (a veteran Texas Peace Officer, Court Bailiff, Temp. United States Marshall, graduate of a Texas Paralegal School, and member of the Legal Assistants division of the State Bar of Texas) was jailed for violating an injunction he was never informed of and had his bank account seized by the Supreme Court of Texas.  The writer has never received redress.

THE LEGAL MONOPOLY OF THE STATE BAR IS BEING BROKEN

In California and Florida, the State Bar was sued for violation of the Sherman Antitrust Act and RICO (racketeering). Today citizens there have the same right to assistance of a paralegal as the English to the help of a solicitor.

Please help continue this fight for legal reform.  Texas is too grand a place to be dominated and governed by lawyers.

This site will host articles concerning self-help law and downloadable forms.  Your comments, updates to current law and corrections will be appreciated.
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