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Fla. Fam. L. R. P. 12.750

Family Self-Help Programs

activein force · 2025-10-01 – presentact-effective-date

(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 injunctions for

protection intake personnel pursuant to rule 12.610.

History

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.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
3489a6433ed9e46cb46ba46d3d0b470aec63bd523224c9672c3639796a60629a
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