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Me: This form has to be signed and notarized, this form has to be witnessed.
Client: Why the difference?
Me: It& #39;s in the statute.
Client: Why does this form look different?
Me: Because the statute requires it but neither the statute nor the court has set a standard format.
Client: Why the difference?
Me: It& #39;s in the statute.
Client: Why does this form look different?
Me: Because the statute requires it but neither the statute nor the court has set a standard format.
Client: That& #39;s dumb.
Me: It certainly is.
Client: Why doesn& #39;t somebody just put up a good example?
Me: Because that would constitute the unauthorized practice of law.
Client: Really?
Me: Yes. It took me HOURS of research to create this simple one page form. And it only works...
Me: It certainly is.
Client: Why doesn& #39;t somebody just put up a good example?
Me: Because that would constitute the unauthorized practice of law.
Client: Really?
Me: Yes. It took me HOURS of research to create this simple one page form. And it only works...
Me: ... if you make some small but crucial adjustments that are fact-dependent.
Client: How are people supposed to know this stuff if they can& #39;t afford a lawyer?
Me: I have no idea. The legal aid people can& #39;t publish a form for people doing it, either.
Client: Why?
Client: How are people supposed to know this stuff if they can& #39;t afford a lawyer?
Me: I have no idea. The legal aid people can& #39;t publish a form for people doing it, either.
Client: Why?
Me: Because that would constitute the unauthorized practice of law.
Client: Why???
Me: Because it looks like a simple form and it is but *knowing when to use it* is actually kind of complicated, and if they tell people, "here, use this form," that& #39;s legal advice.
Client: Why???
Me: Because it looks like a simple form and it is but *knowing when to use it* is actually kind of complicated, and if they tell people, "here, use this form," that& #39;s legal advice.
Client: What?
Me: If I tell you to use a form, and it& #39;s the wrong form, and your case gets messed up, that& #39;s legal malpractice even if you fill the form out correctly. You can sue me. And this is very persnickety. The legal aid people want to help but it& #39;s too uncertain.
Me: If I tell you to use a form, and it& #39;s the wrong form, and your case gets messed up, that& #39;s legal malpractice even if you fill the form out correctly. You can sue me. And this is very persnickety. The legal aid people want to help but it& #39;s too uncertain.
This story brought to you by the "Why Don& #39;t They Just Put The Forms Online Or Even Have Bots Fill Them In For You" Legal Research Institute.
Note: the statute does not in fact say that the form has to be witnessed. It says that if it has the same verification as *another* kind of form, then it is prima facie (EEP!) valid. You have to know how THAT kind of form works to know how this one works.
*In this particular case,* the form needs to be witnessed because that is how the other form is verified *in most cases* and are you starting to see how fast this gets complicated?
