Important Disclosure Regarding Pro Se Representation and Document Review
At Clarke Law Office, LLC, our commitment is to provide effective, ethical, and responsible legal counsel to our clients. In furtherance of this commitment, we wish to advise all potential and current clients regarding our firm’s policy on the review and assistance with “pro se” (self-represented) legal paperwork.
Clarke Law Office, LLC does not review, draft, or assist with pro se legal documents or filings.
Our firm has made this decision after careful consideration of several critical factors impacting the practice of law and our professional obligations:
- Lack of Control and Professional Responsibility: When an individual represents themselves “pro se,” our firm cannot control the final content, modifications, or submissions made after a document leaves our office. The integrity and efficacy of legal filings are paramount, and our inability to oversee the entire process for pro se documents presents an unacceptable risk to both the client and our firm. We cannot assume professional responsibility for documents over which we lack complete control and oversight throughout the litigation or transactional process.
- Evolving Landscape of Legal Practice and Unauthorized Practice of Law (UPL): The legal profession is experiencing a rise in non-lawyer consultants and businesses, some using artificial intelligence or online platforms, that offer document preparation services to the public. These individuals or entities often prepare legal documents without being licensed to practice law, which may constitute the unauthorized practice of law. In some cases, they may describe themselves as “legal document preparers,” or “legal advocates,” or “legal activists”, or “consultants.” Imagine a company that’s not a law firm. Their main goal is to make money. But a lawyer’s main goal is to help their client. Sometimes, these two goals can pull in opposite directions, creating a conflict. We caution the public against relying on such services, as they are not subject to the ethical rules and professional liability standards governing licensed attorneys. Our firm adheres strictly to ethical guidelines designed to protect the public from UPL. The ABA has consistently affirmed the importance of legal services being provided by licensed attorneys subject to professional rules of conduct.
- The American Bar Association (ABA) Model Rules of Professional Conduct, particularly Rule 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law), underscores the obligation of attorneys to not assist nonlawyers in the performance of activity that constitutes the unauthorized practice of law. Even seemingly benign “reviews” of pro se documents can, in certain contexts, be construed as assisting in the practice of law without the requisite oversight and responsibility of an attorney-client relationship for the entire matter.
- Professional Liability and Insurance Advisories: Our professional liability insurance carriers, who assess and manage risk within the legal profession, have increasingly advised against attorneys reviewing or providing limited assistance with pro se documents. This guidance stems from the significant professional liability exposure created by providing piecemeal advice or review without full engagement as counsel of record for the entire matter. The potential for misinterpretation, reliance on incomplete information, and the inability to control subsequent actions by the pro se litigant create an untenable risk environment.
Our policy is firmly rooted in our commitment to ethical practice, client protection, and the responsible management of our professional obligations. We believe that to provide effective legal representation, it is essential to be fully engaged as counsel, allowing us to maintain the necessary control, oversight, and responsibility for all legal work performed on behalf of our clients.
If you choose to represent yourself pro se, we encourage you to seek resources specifically designed for self-represented litigants. However, please understand that Clarke Law Office, LLC will not be able to review, assist with, or provide guidance on any pro se paperwork.
Thank you for your understanding.
Sincerely,
The Team at Clarke Law Office, LLC