There are strict limits on what non-lawyers can do when it comes to helping others with legal proceedings. Whether offering consultations, preparing forms for self-filing, or creating legal content online (yes, even on #LawTok), it’s easy to cross the line from sharing general information into the unauthorized practice of law (UPL).
In Florida, only licensed attorneys can provide legal advice or prepare legal documents beyond basic clerical tasks. Thus, non-lawyers who assist others with legal filings often risk stepping into territory reserved for the legal profession.
Legal Help vs. Legal Advice: Where Non-Lawyers Must Draw the Line
Although anyone may represent themselves in court “pro se,” non-lawyers face significant restrictions when it comes to helping others with legal matters, even if those individuals are also ultimately self-filing.
The Florida Supreme Court’s landmark decision in Florida Bar v. Brumbaugh explains what non-lawyers are legally allowed to do when it comes to assisting others with legal matters, and what they should avoid.
What’s permitted? The Court held that a non-lawyer may sell blank legal forms, offer general printed information about court procedures, and provide secretarial or notary services. A non-lawyer may type information onto forms, but only if that information is directly provided by the client.
So what’s off the table? The Court’s rules for what non-lawyers cannot do include: assisting others in selecting the correct legal documents, preparing or completing those documents, or offering any advice about legal rights, procedures, options, or outcomes. Non-lawyers cannot explain what a form means, how to present a case in court, or where to properly file, and cannot offer consultations to provide, select, or complete legal forms. Even seemingly minor actions—such as recommending which form to use—can be considered UPL.
In short, non-lawyers who prepare legal documents for others to self-file often risk overstepping legal boundaries.
Sharing Legal Stories Online—What’s Allowed?
Creating online content about legal matters falls into a gray area. Sharing personal experiences, such as stories about your own lawsuit, is generally allowed as long as the content is purely informational and doesn’t offer legal advice.
However, a disclaimer stating that someone is not an attorney does not shield them from liability if their content is found to contain legal advice, such as recommendations on legal procedures or forms.
Thus, while personal storytelling on social media is generally permissible, non-lawyers are not allowed to imply legal expertise.
Ultimately, Florida courts hold that non-lawyers may only perform simple clerical tasks—like typing information provided by clients—and draw a firm line against offering any legal advice. Thus, if you’re unsure about an arrangement involving non-lawyer legal assistance or content creation, it’s best to consult with a licensed attorney or bar authority.
If you have questions or would like to discuss legal ethics or professional responsibility concerns, please contact EPGD Business Law in Miami, Florida, at (786) 837-6787 or email us to schedule a consultation.
