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| Legal Document Assistant Definition:
Business & Professions Code Section 6400 et seq. (SB 1418)
Independent Paralegals are now referred to as Legal Document Assistants. All LDA’s and UDA’s now have to identify themselves on each document we prepare as well as in other areas such as advertising etc.
Section 6408 of the Business and Professional Code is amended to read:
If an applicant has an office in more than one county where the work is performed in that county then they will have to register and provide a copy of the bond.
Furthermore, the basic requirements to be an LDA are:
California Legal Document Assistant Application Instructions – Miscellaneous Information
A Legal Document Assistant is not the same as an Unlawful Detainer Assistant (UDA). Each requires an application, registration, and in some counties a separate bond.
A Legal Document Assistant is not the same as a Paralegal. Pursuant to §6401(b) a Paralegal does not have to register as a Legal Document Assistant while acting on behalf of a member of the State Bar. A Paralegal, acting independently of an attorney, must register as a Legal Document Assistant if performing those services.
No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with §6100) of Chapter 4 of the Business and Professions Code shall, during the period of any disbarment or suspension, register as a Legal Document Assistant [§6402].
Many of the code sections related to Legal Document Assistants changed on January 1, 2003. One must be careful when reading the codes as to whether you are reading the current or past law.
UPL (Unauthorized Practice of Law) / Ethics
UPL is defined as:
We cannot give advice. We cannot give opinions i.e. the client asks, “what would you do in my situation?” We cannot answer that question. The best defense is to tell them that you “do not have an opinion” and could not give it if you did. That they know their situation better than you do and if they need advice or an opinion, they must contact an attorney. We cannot select forms; however, we can provide the client with CALDA brochures and other published materials that explain the procedures and list the forms needed. We cannot provide them with strategies. If they need a strategy, they must contact an attorney. After obtaining the information from an attorney, they can come back to a legal document assistant or unlawful detainer assistant to prepare the paperwork.