BARTOW -- Americans increasingly take the law into their own hands with the help of books, software programs, Web sites, court-approved legal forms and low-cost paralegals.

In uncomplicated cases, these tools -- available in libraries, book stores, office supply stores and on the Internet -- make it possible for a person to get a divorce, file for bankruptcy, plan a will, evict a tenant or accomplish other legal transactions without paying high legal fees.

More than half of divorces in Polk County and statewide are now done without a lawyer, said Court Administrator Nick Sudzina, whose office assists people seeking simplified divorces on their own.

But consumers using these do-it-yourself products and services must beware, local attorneys say. If they do not use the right forms, follow current law and anticipate complications, they may face expensive problems in years to come.

To determine whether consumers need to be protected from unlicensed and unsupervised self-help legal guides, Texas is investigating Nolo Press, a California publisher of self-help law books and software for 27 years, to determine whether the company is practicing law without a license.

Local lawyers agree that self-help guides are part of the answer to the problem of high-priced legal representation. But they warn that doing it yourself can lead to trouble and suggest low-cost consultations with lawyers before going to court on your own.

"I think there is a place for these materials, but they can be very dangerous because they can make people think they know more than they do," said Ron Toward of Bartow, a lawyer for 20 years.

"It is like someone performing brain surgery on himself after reading a book on neurology," Toward said.

"I have seen clients who considered doing things themselves, but often they don't understand what they are dealing with, the legal implications and practical effect.

"In any case where there is the least bit of risk of losing property or custody of a child or something else important, I wouldn't advise going to court based on reading a book. It could be disastrous."

Divorce and small claims cases are the areas where The Florida Bar has made efforts to help the public gain access to the courts without a lawyer, said Roger Alcott of Lakeland, a lawyer for 24 years.

"There are some simple cases, like a couple want a divorce, they have no children and no argument about splitting up the property. There is no reason for them to pay $ 150 an hour for a lawyer," Alcott said. "I have told some couples that and seen successes when they went to the Clerk's Office and handled it themselves.

"But I've also seen do-it-yourself divorces where a parent came back later needing a lawyer to sort out problems seeing a child or addressing support issues," Alcott said. "I know people are frightened about a lawyer costing a lot of money, but I advise them to consult a lawyer. A consultation won't cost much and you'll get an idea if you are facing any pitfalls."

Many local lawyers offer low-cost consultations.

If you do not know one, 36 Polk County lawyers are registered with The Florida Bar's Lawyer Referral Service. They offer 30-minute consultations for no more than $ 15 and may then provide services at reduced charges. For more information, call 800-342-8011.

HELPING YOURSELF

Peter Helwig of Florida Rural Legal Services in Lakeland said self-help tools are important because "there are never going to be enough affordable lawyers to help low- and middle-income people with their legal problems."

"A study shows that at best, we are meeting about 20 percent of the need," Helwig said. "Self-help has to be part of the answer. We are designing training to help people learn how to do their legal business without the legal help that isn't available."

Gladys Roberts, coordinator of the Polk County Library Cooperative, said the selection of self-help legal materials and how much they are used varies at each library.

"Over the last five years or so, the word has gotten out that this is a way to help yourself without hiring a lawyer," Roberts said. "But we are careful not to interpret what readers find in the materials or give advice.

"Any time you take the law into your own hands, you are assuming considerable responsibility. Just like with medical reference books, we want to be helpful but we are limited to finding books, then it is strictly up to the reader to get the information they are looking for."

The most frequently requested self-help books in the law library at the Polk County Courthouse are on family law, small claims and grandparents' rights.

WHEN TO GET HELP

Looking over books of legal forms at Office Depot in Lakeland, Bart Campbell knew what he wanted: eviction notice forms.

As a landlord with 16 duplex units around Lakeland, he considers himself a self-taught student of landlord-tenant issues.

"I have a lawyer I work with, but the more I can do for myself, the less he charges me," Campbell said.

"A lot of this is just filling out forms, taking them to the Clerk's Office at the courthouse and paying the fee. If it gets more complicated than that, I get the lawyer involved."

Divorce is the area of the law most frequently attempted without a lawyer.

It is only recommended in uncontested cases where there are no children and no dispute over property.

A Lakeland woman who finalized her divorce using forms provided by the Clerk of the Court's Office said it took two weeks and cost less than $ 145.

"There is a lot of instructional material to read and I can see that it might bog someone down," Linda Burrow said. "But read it all.

"It is extremely important for both parties to read and thoroughly understand it before signing the forms. If both parties are not in total agreement on the division of marital assets, legal representation should be obtained because once the judge signs the final decree, it is too late to change your mind."

Dan Kelson, owner of Florida Paralegal Assistance in Lakeland, said some consumers who buy self-help books or kits find themselves overwhelmed by the task.

"They could go to the courthouse and do it themselves. But, if there are no legal questions or complications, I can save them some aggravation," said Kelson, who has been filling out forms for divorce, bankruptcy, wills and small claims cases since 1992.

He works with about 700 clients a year and charges fees ranging from $ 75 to $ 195.

Florida law restricts paralegals and all nonlawyers to helping clients fill out forms. Communications are limited, and they cannot give advice.

"A person going to a paralegal has to know what they need done because the paralegal is not allowed to say how to phrase a claim or structure a debt," said Barry Rigby of The Florida Bar's unlicensed practice of law staff in Orlando.

"The pitfall in going to a paralegal is that if you don't know what needs to be done, they can't legally make suggestions."

IS PROTECTION NEEDED?

Since the early 1700s, with the publication in London of John Wells' "Everyman His Own Lawyer," the public has expressed an interest in self-help legal guides. The trend has grown steadily in the past 25 years.

In the United States, the best-known challenge of self-help tools was more than 30 years ago when the New York County Lawyers' Association sued the publishers of "How to Avoid Probate."

That ended when an appeal court ruled that the First Amendment did not allow courts to bar publications merely because they give advice on the law.

A landmark case in Florida came in 1977 with The Florida Bar's prosecution of Rosemary Furman, owner of a Jacksonville secretarial service who prepared legal papers for uncontested divorces, name changes and adoptions.

The Florida Supreme Court found her guilty and told her to stop engaging in the practice of law.

In 1982, The Bar alleged 12 new violations. The Supreme Court found her in contempt and she was sentenced to serve 30 days in jail. The sentence was commuted by then-Gov. Bob Graham and his Cabinet after an outpouring of public opinion in her favor.

In April, a Texas Supreme Court-supervised committee announced it was going to investigate pioneer self-help publisher Nolo Press to determine whether the company is practicing law without a license.

No similar challenge of self-help products is being considered in Florida, said Mary Ellen Bateman, a lawyer with The Florida Bar's unlicensed practice of law staff in Tallahassee.

"These self-help legal tools can be helpful in educating the public. But the problem with some products is that they are not complete and users find themselves caught up in a complicated process," Bateman said.

The Texas investigation has been stalled by a request from Nolo lawyers -- the company is not allowed to represent itself -- asking the Supreme Court to specify the nature of the complaint against it and to release minutes of the committee's meetings, said Rodney Gilstrap of Marshall, Texas, the chairman of the committee.

A hearing was held in October, but the court has not ruled.

If an investigation is conducted and the committee concludes Nolo is practicing law without a license, a trial would be held, Gilstrap said.

If the trial results in the same conclusion, Nolo could be ordered to stop distributing the offending product or told to make disclaimers to customers who buy their products.

"The purpose of the process is to protect the public from the providers of legal services who are not licensed or supervised," Gilstrap said. "We are trying to ensure they are not doing anything harmful, that they are not guiding customers to make choices which could get them in trouble later on."

WHO IS COMPLAINING?

Nolo Press' logo is a tie-wearing, briefcase-toting shark and the words "Don't Feed The Lawyers. Just say Nolo."

The company offers about 150 titles in books and software, ranging in price from $ 15 to $ 45. Products include: "WillMaker," "101 Law Forms for Personal Use" and "Legal Research Online and In The Library."

Jennifer Spoerri, a spokeswoman for Nolo, said from the company's headquarters in Berkeley, Calif., that Texas is trying to punish the company for competing with lawyers.

The Texas committee will not say who made the complaint that led to the investigation, but Nolo officials believe "it probably came from lawyers who may have felt threatened because our products are doing so well in Texas," Spoerri said.

James Turner, executive director of HALT (Help Abolish Legal Tyranny), said complaints against self-help tools and paralegal services are almost always made by lawyers, not by customers.

"We maintain that the lawyers have priced themselves out of providing services for middle-income Americans and we think consumers are savvy enough to look out for themselves when self-help is an appropriate alternative," Turner said from his office in Washington, D.C. "Of course, there are no guarantees with these self-help products. But so much of legal work in uncomplicated cases is just cookie-cutter stuff."

THE PROBLEM WITH SELF-HELP

In Polk County, Chief Circuit Judge Charles Davis has seen a few problems develop from self-help cases.

But he suspects the trend in Florida to provide citizens with affordable access to the courts will continue.

The self-help cases that most frequently present problems involve real estate, he said.

"Legal title to property can get complicated, and it may also get expensive later to clear up any mistakes," Davis said. "A classic example is that a judge signs an order, then years later the owner wants to sell and finds out he doesn't have clear title."

The problem with self-help tools "is they don't contemplate how complicated a situation is or can become, and the lay person may not realize that the tool he or she is using doesn't cover everything."

For example, a couple seeking a divorce uses a form saying they have no children. But the wife is pregnant. The form they used will not provide for support or custody of the child when it is born.

"The problem for judges is, do we stick to being a judge or do we play lawyer and ask the person if that are aware of this or if they have checked that?" Davis said.

LEGAL RESOURCES

These self-help legal resources are available in Polk County:

Florida Supreme Court-approved forms can be found at the Clerk of the Court's Office, in libraries, bookstores and office supply stores. They can also be ordered from The Florida Bar by calling 850-561-5600, extension 6651.

Books and software on a variety of subjects are also available at libraries, book stores and office supply stores.

In simple divorce cases, where no children are involved and the parties agree on the property settlement, the Court Administrator's office at the Polk County Courthouse helps people fill out forms and answers procedural questions. They can not give legal advice. There is no charge.

Thirty-six Polk County lawyers are registered with The Florida Bar's Lawyer Referral Service. They have agreed to provide 30-minute consultations for no more than $ 15. For more information, call 800-342-8011.

Florida Rural Legal Services offers training for self-help efforts. Call 688-7376.

The Florida Bar publishes more than 40 free consumer pamphlets on various legal subjects, including "A Guide to Florida's Court System," "Divorce," "Adoption" and "Bankruptcy." For a list of pamphlets or to order copies send a self-addressed, legal size, stamped envelope for each pamphlet to: Consumer Pamphlets, The Florida Bar, 850 Apalachee Parkway, Tallahassee, FL 32399-2300.

The number of legal resources available on the Internet is growing at a rapid pace. Some are free, some charge a fee. A few examples are: www.Nolo.com and www.Parsonstech.com

Computer programs are also available for purchase.