My Letter to the Georgia State Bar
September 24, 2022
Dear State Bar of Georgia, Judicial Council of the State of Georgia, Standing Committee on UPL, Counsel for the Bar, and/or any other interested parties,
I fully expect that this communication become a part of public record, either by your publishing of the same in your records, or by my publishing this communication publicly. I perpetually withhold assent to any confidentiality portions of your operating protocol.
I am writing to concerning the Unauthorized Practice of Law (“UPL”), and any rule, law, statute, or code that alleges that my activity is, in fact or allegation, in actuality or inference, the Unauthorized Practice of Law (“UPL”).
My communication to you is an exercise and enjoyment of rights afforded to me under the Americans with Disabilities Act of 1990, the ADA Amendments Act of 2008, and Final Rule implementation (Collectively, "ADA").
I freely admit to:
· representing disabled persons in administrative proceedings, or other formal dispute resolution process such as arbitration or mediation;
· preparing a document, in any medium, on behalf of disabled persons for filing in any court, administrative agency, or tribunal, for the furtherance of their rights under the ADA;
· requesting and/or participating in court ex-parte hearings to effect reasonable modifications for persons with disabilities;
· participating in court proceedings, in a way that mitigates disability factors, for individuals with disabilities, including without limitation, creating and implementing reasonable modifications or other mitigations for disabilities;
· negotiating legal ADA rights or responsibilities on behalf of disabled persons; or
· preparing documents, in any medium, intended to affect or secure one or more disabled persons’ legal rights under the ADA;
I do these things, as aid and encouragement for those exercising and enjoying rights under the ADA.
My protected capacity under 42 USC 12203(b) and 28 CFR § 35.134(b), is unlawful for even you, as a state entity to interfere with. While I freely admit doing these things, I do so to obtain administrative access for my clients, and not to argue "at-law" concerning subject matter or issues at bar. I do so because lawyers are unwilling and afraid to hold state courts accountable for ADA discrimination and denial of equal access, and I see that your State Bar of Georgia is also party to this denial of equal access on the basis of disability.
My representation of clients is limited to disability rights under the ADA. I am retained and consult with several firms on the matter of ADA rights and case-framing. I have been involved in numerous Georgia cases as an ADA Advocate.
If a client is with a disability that impairs their communication, I may be inclined, as aid and encouragement to the exercise and enjoyment of their right to equally access the courts, to draft documents that these disabled litigants could use in court, that would effect equal access on the basis of disability, even if these documents were considered “legal documents”, such as motions, complaints, orders, petitions, answers to complaints, discovery requests in any form, or any other documentation that the disabled litigant is unable to self-draft, but may wish to use or incorporate in their case.
Additionally, I may, on behalf of these clients with a communication disability, aid and encourage their exercise and enjoyment of ADA rights of equal access by speaking for them in court, if they are unable to access their cognitive or executive function because of some operation of their disability while in court.
I would not willingly submit to your requests or demands to cease or desist in this aid and encouragement, and thus:
I beg you to officially charge me, or cause me to be charged with Unauthorized Practice of Law, so that I may have standing to sue you in federal court for interference, threats, intimidation, and coercion concerning my protected capacity under federal law and the accompanying disability rights, which you have glaringly omitted from your rules governing UPL.
Your immunity concerning these matters is removed per 42 USC §12202, 28 CFR §35.178, and Tennessee v. Lane, 541 US 509. I reserve all rights, including the right of interpretation of these words, and my actions.
You are with notice.
I appreciate your prompt response, and I request the reasonable modification of communication by email for the mitigation of disabilities I am diagnosed with.
Regards,
P.D., JAY V SHORE, as Certified ADA Advocate, and as a qualified individual with a disability.
adarights (at) protonmail.com
Signature conformable with O.C.G.A. 11-1-201(37), and is for the mitigation of disability.
