At the request of CALDA President Rob VanSteen, CALDA's advising counsel Richard Lubetzky has provided the following analysis SB940 and its application to LDA's:

You have requested an opinion letter from me as to how newly enacted SB940 will impact LDA' s, and more particularly how the legislation will affect those LDA' s who provide mediation services to the public. In forming my opinion, I have reviewed the legislative history of the bill, including, among other things, the Executive Summary of the bill prepared by the Senate Judiciary Committee, the Synopsis of the bill prepared by the Assembly Committee on Judiciary, the Senate Floor Analysis and the Assembly Floor Analysis, as well as various published commentaries about the bill.

Of particular concern to the association is the provision of the bill, which provides for the establishment of an Alternative Dispute Resolution Certification Program by the State Bar, and which is now codified in Section 6173 of the Business and Professions Code. Section 6173(d)(l) of the Business and Professions Code defines alternative dispute resolution to mean "mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decision making process."  The program is modeled after the State Bar's Legal Specialization Program, which certifies attorneys as specialists in various areas of the law. Both programs are self-funded, and no bar dues are used to support them.

Of particular note, the bill does not require arbitrators or mediators to seek certification under the program. Participation in the program is entirely voluntary, a fact which is confirmed in the Comments section of the Assembly Floor Analysis, and in various published commentaries about the bill. The bill merely requires the State Bar to establish a program and the requirements for participation in it. The bill also provides that non-attorney alternative dispute resolution providers may participate in the program if they wish to do so. Opponents of the bill argued that the certification program would mislead consumers into believing that a certified business is superior to and has more experience than a business that is not certified, when, in fact, under the program, a firm can become certified almost immediately after its creation without ever having to conduct an arbitration or mediation, and before it acquires either competency or experience. The program only requires that participants comply with certain ethical standards and implement a procedure, which would allow consumers to complain about lack of compliance with the standards. Senator Umberg, the bill's sponsor, was quoted in the Daily Journal as stating that it was his hope that the market will eventually push most providers into obtaining and maintaining this certification, as consumers become reluctant to choose uncertified providers.

Therefore, because the program is voluntary, LDA's should be able to continue to provide mediation services to the public as they have been doing and are not required to participate in the program. Of course, if an LDA wishes to participate in the program, they may do so if they meet the requirements of the program.

I am also aware that some members of CALDA have expressed concerns that the establishment of the program is an expansion of the State Bar's attempt to extend their regulation over non-attorneys, such as LDA's. However, it should be noted that the State Bar was not a sponsor of the bill, and it was the Legislature that required the State Bar to establish this program. Also, since the program is voluntary, only those who choose to participate in the program will be subject to State Bar regulation. Nevertheless, CALDA should be careful to monitor any other actions of the Legislature, which could set a precedent for the State Bar to extend direct regulation over non-attorneys.

Respectfully submitted,

Richard Lubetzky

The Future of CALDA: Reflecting on the Passage of AB 690 and Looking Ahead

As we celebrate the successful passage of AB 690 (Chen, 2023) and our 25th year of advocacy, it is essential to reflect on the journey that led us here and to look toward the road ahead. The passage of AB 690 represents a significant milestone, but it is just the beginning of our efforts to develop a long-term, sustainable regulatory framework for the Legal Document Assistant (LDA) profession prior to the next sunset in 2030.

Reflecting on the Success of AB 690

Early in 2023, CALDA's legislative committee made a pivotal recommendation: to retain the services of Precision Advocacy for guidance on how to achieve a clean bill passage for AB 690. Precision Advocacy exceeded our expectations, meeting frequently with us and keeping us informed each step of the way.

A crucial element to our success was the selection of Assemblyman Chen to author and sponsor AB 690. His support and advocacy for our cause were instrumental. Our dedicated legislative committee members—Jim Wilroy, Elizabeth Olvera, Helen Bellamy, Colleen Marie, and CALDA President Robert Van Steen—worked tirelessly, meeting regularly to strategize and navigate the complexities of the legislative process.

While many of the factors that led to the success of AB 690 were within our control—such as selecting Precision Advocacy, choosing Assemblyman Chen, and leveraging the expertise of our legislative committee—there were external factors that played a significant role as well. According to the Precision Advocacy Report, the political landscape at the time was favorable for the passage of AB 690. Changes in relevant policy committee leadership in the Assembly, the Senate Judiciary Committee’s rebuke of the State Bar of California over misconduct, and a substantial budget deficit all contributed to a “clean” six-year extension of existing statutes.

In conclusion, the clean passage of AB 690 was a product of hard work, strategic decision-making, and a bit of luck.

Planning for the Future

Looking ahead to 2030, CALDA must recommit to planning for the future and preparing for the inevitability of a changing political landscape. The next Five-Six years will require us to continue advocating for our profession, staying informed about legislative developments, and working collaboratively to ensure the sustainability and growth of the LDA profession.

As we commemorate our 25th anniversary, let us celebrate our accomplishments and stay vigilant and proactive in our advocacy efforts. By doing so, we can ensure that CALDA remains a strong, effective voice for LDAs and the consumers we serve.

Stay tuned for more updates and ways you can get involved in our ongoing efforts to support and advance our profession.

Call to Action:

Members and stakeholders, your participation and support have been invaluable thus far. Let’s continue to work together to shape the future of the LDA profession. Join the legislative committee, attend meetings, and contribute your ideas and energy to our shared goals. Together, we can navigate the challenges ahead and build a brighter future for CALDA.

Thank you for your continued commitment and dedication.

We look forward to the ongoing journey with optimism and determination, knowing that with collective effort and strategic planning, we can achieve our vision for the future of the LDA profession.

ADELANTE!

With Gratitude,

Chester A. Ruiz, Chair of Legislative Committee 2023-24

Jim Wilroy, Co-Chair of Legislative Committee. 2023-24

California Association of Legal Document Assistants (CALDA)

A VICTORY FOR LEGAL DOCUMENT ASSISTANTS!

Governor Signs AB 690

I am pleased to announce on behalf of the California Association of Legal Document Assistants (CALDA) that AB 690, authored by Assemblymember Phil Chen (R-Yorba Linda), has been signed into law by Governor Gavin Newsom. 

Sponsored by CALDA, this legislation extends the statutes regulating legal document assistants (LDAs) for an additional six years, from January 1, 2024, through January 1, 2030.

As you know, LDAs play a vital role in helping individuals access the legal system, especially for those wishing to represent themselves. A study by the State Bar in 2019 highlighted the significant legal needs gap in California. The study found that of the over 450,000 civil legal problems faced by Californians who sought assistance from legal aid organizations, only 30% were fully served. Furthermore, 44% of these individuals required straightforward legal help, predominantly in the form of document preparation.

LDAs represent a critical solution to addressing the unmet needs of Californians. Our services are invaluable for matters that don't require legal counsel or when individuals prefer to represent themselves.

The unanimous passing of AB 690 in both houses of the legislature and its signing by Governor Newsom today underscores its significance. This extension ensures that LDAs remain a key resource for "self-help" individuals for the next six years.

We'd like to extend our gratitude to Assemblymember Phil Chen for championing this important legislation and to Governor Newsom for recognizing the vital role LDAs play in California's legal landscape.

Thank you for staying updated with us. Your support ensures that we can continue to do this important work on behalf of you, our members, and that the legal needs of Californians continue to be met efficiently and inclusively.

With gratitude,

Chester Ruiz

BREAKING NEWS!

AB 690 (CHEN) SPONSORED BY CALDA PASSES THE SENATE UNANIMOUSLY!

TIMELINE GOING FORWARD:

Governor Newsom is expected to sign by October 14, 2023

STAY TUNED:

Watch your inbox for a sample form letter to customize and send to the Governor, asking for his signature on AB 690

Without CALDA, AB 690 (CHEN) would not exist...

B&P 6400 - 6456 would have expired JANUARY 1, 2024. 

“It is truly amazing what we can accomplish when we work together.”

Chester Ruiz,  Co-Chair CALDA Legislative Committee

ADELANTE!  FORWARD!

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee

BREAKING NEWS:

AB690 (CHEN) PASSES SENATE JUDICIARY COMMITTEE.

AB690 HAD BEEN PLACED ON THE CONSENT CALENDAR FOR THE SENATE JUDICIARY COMMITTEE FOR A VOTE ON TUESDAY JUNE 13, 2023... IT PASSED!

WHAT DOES THIS MEAN?

The Senate Judiciary Committee has tremendous influence on the passage of AB690 in the Senate. The Chairman of the Senate Judiciary Committee, Senator Thomas Umberg, has made the determination to support passage of AB690, without changes, and place AB690 on the Consent Calendar. Once AB690 clears the Senate Judiciary Committee, it is highly probable that AB690 will pass the Senate and be sent to the Governor for signature sometime in October.

WHAT YOU NEED TO KNOW:

The summary report by Chairman Senator Thomas Umberg, contains all of the underlying issues and concerns regarding the regulation of LDAs and the future relationship with the California State Bar. With the passage of AB690, CALDA will be given 6 years to address the concerns stated in the Senate Judiciary Committee report.

WHAT COMES NEXT...

With the passage of AB690 (Chen) comes the opportunity and responsibility to reimagine CALDA to best serve our members and develop long term sustainable relationships with all of our stakeholders.  Post passage of AB690 (Chen), the CALDA legislative committee will focus on strategic legislative planning to allow CALDA to reach our fullest potential.

ADELANTE!

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee

THE SENATE JUDICIARY COMMITTEE is TENTATIVELY SCHEDULED TO HEAR AB 690 on JUNE 13, 2023

We are monitoring this hearing very closely and will be reporting blow by blow to you. Our goal is to keep you informed so you can advocate for CALDA on the basis of FACTS...

RECAPP AS PER PRECISION ADVOCACY - AB 690 (Chen) Awaits Senate Judiciary Hearing  

CALDA’s sponsored legislation, AB 690 (Chen), is currently pending a hearing date in the Senate Judiciary Committee, following its passage in the Assembly, where it received no opposition. The bill extends the existing statutes authorizing and regulating legal document assistants for an additional six years from January 1, 2024 through January 1, 2030. The current statutes expire at the end of the year, so the passage of this legislation is critical to our ability to continue to legally operate in California.

The full text of AB 690 can be found here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB690.

Assuming the bill passes the Senate Judiciary Committee, it will likely be referred to the Senate Appropriations Committee and then advance to the full Senate. The last day to pass bills out of the Legislature is September 14. The governor has until October 14 to sign or veto bills that reach his desk.

We will continue to keep you posted as AB 690 continues to move through the legislative process. In the meantime, we thank you for your interest and support.

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee

JUST IN FROM PRECISION ADVOCACY.....

" Just a quick update to let you know that AB 690 (Chen) has been ordered to the Assembly consent calendar. According to the file, it appears that it will be on second reading on Thursday, which is the next scheduled Floor Session, which means that it will be taken up as part of the Assembly consent calendar next Monday, May 1. "

WE ARE GOING TO NEED ALL HANDS ON DECK FOR PASSAGE IN THE SENATE!

ADELANTE! ALWAYS GOING FORWARD!

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee.

MORE GOOD NEWS!

AB 690 PASSES THE APPROPRIATIONS COMMITTEE WITH A 14-0 VOTE ON APRIL 20, 2023.

Next stop is the full Assembly, expected to vote next week.  Stay tuned! We remain cautiously optimistic about passage in the Assembly.

WHAT'S NEW?

THE CALDA LEGISLATIVE COMMITTEE IS RECOMMENDING THAT THE BOARD APPROVE THE FORMATION OF A CALDA PAC. 

The time has come for CALDA to form a Political Action Committee.  We have requested a proposal for a turn key solution from a vendor who has been fully vetted by Precision Advocacy. This vendor will make sure that CALDA will remain in full compliance with all laws and regulations pertaining to PAC’s. 

WHAT IS A PAC AND HOW WILL CALDA MEMBERS BENEFIT?

“In the United States, a political action committee (PAC) is a 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation.^[1][2] The legal term PAC was created in pursuit of campaign finance reform in the United States. Democracies of other countries use different terms for the units of campaign spending or spending on political competition (see political finance). At the U.S. federal level, an organization becomes a PAC when it receives or spends more than $1,000 for the purpose of influencing a federal election, and registers with the Federal Election Commission (FEC), according to the Federal Election Campaign Act as amended by the Bipartisan Campaign Reform Act of 2002 (also known as the McCain–Feingold Act).^[3] At the state level, an organization becomes a PAC according to the state's election laws." Wikipedia.

Members benefit by pooling their resources together to influence the legislative process for meaningful results.  Individually, members could not afford  to have professional management of this vital function.  In addition to compliance, CALDA will have access to the experience of professional fundraisers. 

We appreciate the support of our members and community partners as we roll out the CALDA PAC.

ADELANTE! GOING FORWARD!

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee.

"ADVOCACY INSPIRED BY KNOWLEDGE"

The Advocacy Blog is a biweekly download of CALDA Legislative Strategies and insights into advocating for legislation that will extend the Sunset Date of Business Professional Code, BPC 6400 which regulates LDAs. We will focus on solutions and action plans that stakeholders can implement at the grassroots level to achieve our goal of extending the Sunset Date and preserving the LDA profession.

BREAKING NEWS:

CALDA IS PLEASED TO ANNOUNCE THAT THE ASSEMBLY JUDICIARY COMMITTEE IS PREPARED TO HEAR OUR BILL AB 690 ON TUESDAY, MARCH 21, 2023

AB 690 will be added to the "Consent Agenda," meaning that it will NOT be up for discussion and will pass with the full support of the Assembly Judiciary Committee. This clears the way to be voted on by the full Assembly sometime in April-May.

Next stop: the Senate. Things can change quickly in Sacramento; the opposition has been laying low and may surface in the Senate. We remain cautiously optimistic about clearing the Assembly and are prepared to mobilize all of CALDA’s stakeholders and resources to gain passage in the Senate.

Our lobbyist will let us know when it's the right time to bring our individual voices to the Capitol...stay tuned.

BY EXTENDING THE SUNSET OF BPC 6400 FOR AN ADDITIONAL 6 YEARS TO 2030, CALDA WILL BE POISED TO LEVERAGE ITS POSITION AS THE PREMIER TRADE GROUP ASSOCIATION WITH A SUCCESSFUL 25 YEAR TRACK RECORD OF PROMOTING THE INTEREST OF ITS MEMBERS.

ONCE WE HAVE ACHIEVED THIS GOAL, WE WILL HAVE THE TIME TO EXPLORE OUR OPTIONS FOR BECOMING A LICENSED TRADE GROUP OF PROFESSIONALS…

CALDA’s WAR CHEST:

CALDA is on the verge of achieving a major milestone passage of AB 690 thru the Assembly sometime in April-May of 2023. Our Legislative Committee is exploring options on how to raise money to cover the hard cost of promoting our legislative agenda and the push to pass AB 690 through the Senate. This fundraising plan will be approved by the CALDA Board and be in full compliance with our status as a 501 (c) 6.

CALL TO ACTION:

CALDA members are cordially invited to join a exploratory committee to raise money for the CALDA war chest to extend the Sunset to 2030…

Si Se Puede! Yes We Can! REGISTER FOR MEETING

KNOWLEDGE IS POWER

Inspired advocacy is based on knowledge! The A-Blog features hot links to relevant topics. Check out these "must reads"...

CALDA SPONSORSHIP LETTER TO ASSEMBLYMEMBER CHEN

JUSTICE GAP STUDY 2022: INCLUDES THE IMPACT OF COVID

WHAT IS A 501 (C) (6) MEMBERSHIP BASED NONPROFIT? By Joanne Fritz

A 501(c)(6) membership-based nonprofit is an organization that exists to promote its members' business interest, without the goal of making a profit. In addition, these organizations must make sure no one individual or shareholder benefits financially from the organization’s income. Examples of 501(c)(6) Organization’s include the following:

• Chambers of Commerce
• Trade Associations
• Real Estate Boards
• Professional Associations
• Pro Football

These types of organizations have a business purpose but do not provide services for individuals, only the group.

KEY TAKEAWAYS

• A 501 (c)(6) designation is given to organizations that promote its members’ interest without the goal of making a profit.
• Members should pay dues to the organization, which are considered business expenses and are tax-deductible.
• All net proceeds must be used for the organization’s purposes, such as serving its members’ interest.

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee.

"ADVOCACY INSPIRED BY KNOWLEDGE" 
The Advocacy Blog is a biweekly download of CALDA Legislative Strategies and insights into advocating for legislation that will extend the Sunset Date of Business Professional Code, BPC 6400 which regulates LDAs. We will focus on solutions and action plans that stakeholders can implement at the grassroots level to achieve our goal of extending the Sunset Date and preserving the LDA profession.

IT IS OFFICIAL! 

ASSEMBLY BILL NO. 690 INTRODUCED BY ASSEMBLYMEMBER PHIL CHEN ON FEBUARY 13, 2023 AND SPONSORED BY CALDA

NOW LIVE AND IN PLAY - “AN ACT TO AMEND 6401.7"

HERE'S A QUICK SUMMARY OF AB 690

1. Extends the Sunset provision to January 1, 2030
2. Has minimal impact on the state budget
3. Does not mandate new services or regulations to be provided by State Agencies, County Clerks, Department of Consumer Affairs, etc…
4. Introduces a CLEAN BILL: everything basically remains the same, no enhancements.

AB 690 allows LDAs to continue their work helping self-filers access the legal system by extending the sunset date of the current statues authorizing and regulating LDAs, for the next 6 years, until January 1, 2030.

LEGISLATIVE FACT SHEET: IN BRIEF, THE BACKGROUND & THE SOLUTION

AB 690 allows CALDA to achieve its primary short term goal of extending the sunset period to January 1, 2030...6 more years.

WHAT IS A CLEAN BILL & WHY IT MATTERS

A "Clean Bill" is free of extensive amendments and any problematic or contentious portions which may have previously lead to its rejection.

Going with a "Clean Bill" increases the odds of a bill's quick passage. 

Once AB 690 clears the Assembly, it will have to go through the Senate.  Although we don't anticipate any resistance to AB 690 in the Assembly, there could be a different perspective in the Senate. Due to California's current budget deficit crisis, a "clean bill" is likely to be met with less resistance from the Senate. Senators are reticent to pass any legislation that is going to increase taxes or add to the current deficit. This is why the "Clean Bill" strategy is being supported by Assemblymember Chen, Precision Advocacy, and CALDA.

KNOWLEDGE IS POWER

Inspired advocacy is based on knowledge! The A-Blog features hot links to relevant topics.  Here's what you NEED TO KNOW right now...

ASSEMBLYBILL NO. 690 FACT SHEET

ASSEMBLYBILL NO. 690 OFFICIAL TEXT

Respectfully submitted by Chester Ruiz, Co-Chair CALDA Legislative Committee.