Efrem Martin is an “independent” paralegal whose emails have engendered some discussion here (with a very good side dialogue through Melissa H. at Paralegalese of the role of “independent” paralegals in the U.S. Legal System. I use the “” marks on independent because the ABA/NALA definition of paralegal states that a paralegal must be supervised by an attorney. By that definition, there can be no “independent paralegals.” In the last installment Mr. Martin informed us of recent action taken by the Colorado Bar Association to charge him with UPL. As indicated in this morning’s email Mr. Martin has met fire with fire and filed a lawsuit against the ABA and CBA in Federal Court. I’m posting the email without further comment this morning because I have a class to teach shortly, but I hope to say more on this soon. In the meantime, here’s the email:
Hello Professor Mongue, this is the last email I will be sending you, just wanted to give you an update. I filed a Federal Lawsuit yesterday in Federal Court to challenge the Constitutionality of the UPL investigation of me and also to challenge the UPL Rules and Statutes here in Colorado as Unconstitutional, as they are applied to everyone. Now once again I do not care who you choose to share this email with. As I stated in my last email this is not about my business as a Independent Paralegal Services Provider, this is about my constitutional rights as a Pro Se Litigant. I am going to represent myself in court, I believe that this is in my best interest and the only way to expose the ABA and the Colorado Bar Association and the Office of Attorney Regulation who oversees attorneys in Colorado. I have received so much support from around the country from other paralegals and Pro Se Litigants that it really makes me proud to be in this profession.
I am not going to allow the Office of Attorney Regulation here in Colorado intimidate me or punk me and I am sure as hell am not going to allow them to coerce me into admitting that I have practiced law. 100% of the emails that I have received from paralegals around the country state that they truly hope that I am able to get the Federal Court to find UPL unconstitutional, because they fill the same way that I do and fill that it is time that someone challenge the ABA and all State Bar Association, because it is paralegals who do the work and attorneys get paid for the work. I am so humbled, I am blessed on so many levels and I continue to become more encouraged with the support that I am getting throughout the United States. Pro Se Litigants are saying that I am their voice for doing the right thing and that we Pro Se Litigants have constitutional rights to represent ourselves in court. If I were the ABA I would take notice of what is happening, because sooner or later they are going to have to be in court at the Federal Level to address UPL, they have gotten away with hiding and using their association to continue to take advantage of paralegals and their services for too long. I want to share an email with you that I received today verbatim.
“Hello Mr. Martin, I pray that all is well. I am a certified paralegal in Vermont and support you 150%, I am a white female in my 30′s and like you have had enough of the ABA, Vermont Bar Association and all paralegal associations that continue to pimp out paralegals like we are their property. The reason why paralegals are not regulated in the United States or in some states and not other states is simple, attorneys have a monopoly and will fight like hell to keep their monopoly, I see it everyday in my law firm. There is not another industry where a person has to be under the direction of anyone, only in the legal profession and since no one challenges this none sense the ABA and all the State Bar Associations continue to abuse and use it to their advantage. Paralegals don’t practice law, please we are trained to understand the difference between giving legal advice and answering questions. Just the other day I was put in the position to give legal advice because one of our partners was not able to make the meeting with our client so here I am again as usual telling our client what they have to do. I wonder if I am ever going to be charged with UPL, oh that can’t happen to me because I work under an attorney.
… [Edited for length by R. E. Mongue] I work for a law firm that would not even look your way, because you are a threat to their pockets and I can tell you that attorneys take care of their own, there are no ethical or moral boundaries when it comes to greed. It is a good thing that you filed a Federal Lawsuit because that is the only place where you can get justice. Mr. Martin never feel like you are alone, paralegals like myself are out there just like you are and trust me we are so grateful that you are going to take this for the team. I support you and pray that we get justice, all UPL Statutes need to be found unconstitutional and struck down in every state, you have been in this field far to long to be challenged and treated the way that you are being treated. Mr. Martin knowledge is power and they know that you have the knowledge and power to help people. Mrs. C
Professor these are the emails that I continue to receive daily so I know that I am doing what is right for all Pro Se Litigants. I have been asked over and over again do I worry about the ABA, Colorado State Bar Association and the Office Of Attorney Regulation in Colorado and what they can do to me. My answer is always the same, “FEAR CREATES PARANOIA” they pick the wrong Marine to mess with and they are about to see be very careful what you ask for, I fear God not men or women. So with that being said it has been a pleasure corresponding with you, I am sure that you will read about my case sometime in the future. I want to thank you for allowing me the opportunity on your forum it has been a good thing for me. Thank you Professor Mongue. Efrem B. Martin
Efrem B. Martin BA, Certified Paralegal & Owner
Martin Paralegal Services LLC
I have notified Mr. Martin that future emails updating on the status of this lawsuit would be welcome.