Are you well organized, detail oriented, self-directed and not afraid to ask questions?
Do you enjoys working with the public?
Then becoming a Legal Documents Assistant might be right career path for you.
Are you already offering Paralegal services directly to the public?
Do you fill out [assist with the completion of] documents for compensation?
If you offer or are contemplating providing document preparation services directly to the public for compensation without the supervision of an attorney, you may be required to register as a Legal Document Assistant, according to California Business & Professions Code § 6400, et seq.
Here's what Bus & Professions Code § 6400(c)(1) says, any person who “provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing himself or herself in a legal matter, or who holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to any individual whose assistance consists merely of secretarial or receptionist services."
The Legal Document Assistant (LDA) profession was bore from community based legal advocacy. In fact, the LDA profession is an innovation in the legal services industry which enhances the delivery of, and access to, legal services . In some communities throughout California LDAs are the only legal resource. Becoming an LDA is privilege which should not be taken lightly. We serve members of the public who aren't able to hire a lawyer, while alleviating the demand on limited court resources. Legal Document Assistants are an affordable non-attorney professional alternative for members of the public facing a legal problems, but can't afford to hire an attorney.
Making that decision to walk down this career pathway requires more than just adherence to the LDA BPC , it requires a commitment and a belief in oneself to take on challenges of not only the legal industry, but also working with California courts that are severely underfunded.
Chronic underfunding of the courts unfairly affects members of the public seeking their day in court. Trial courts receive a little more than a penny for every general fund tax dollar, and in the past the judicial branch has had funds swept to support the state budget during times of crisis. Now the courts have an ongoing funding crisis, new laws are added annually, there are more complex cases, but there is no stable funding solution for the judicial branch and the people we all serve. - Chief Justice Tani G. Cantil-Sakauye
Before the judicial branch implemented the Workload-based Allocation and Funding Methodology (2013-14, left) some trial courts were underfunded by as much as 60%. By 2017-18 (right), the new formula had helped equalize funding gaps. SOURCE: The Trial Court Funding Formula, Explained by Merrill Balassone
Thanks to Justice Tani G. Cantil-Sakauye's leadership the issue of court underfunding has made considerable progress, notwithstanding other systemic barriers the access to justice gap raminas prevalent throughout California.
In the past year, 55 percent of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly 70 percent of them received no legal assistance. Fewer than 1 in 3 Californians sought legal assistance to address their problems." - California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians.
The Justice Gap Study Executive Report also tells us the gap in knowledge is the one of the key issues in access to justice. As an LDA One of the biggest challenges of working with the self-representing litigants, is they do not realize their questions are legal questions which can or should only be answered by an attorney. While we can provide litigants self-help resources or sure the litigant an research the answer themselves, but legal research is a art in of of itself which is a two semester program taught in a paralegal program. This is a systemic civics issue that transcendent socio-economic condition. How does the constitutional right to redress serve the people if they cannot navigate the legal system without paying thousands in attorney fees? Fortunately, the California State Bar is presently working on address these very issues.
The Legal Document Assistant profession, while challenging, can be very rewarding. LDAs close the legal resource gap that often exists in our judicial system. Even if we can't provide legal advice, at minimum we help pro se litigants identify that they have a legal issue. We provide affordable legal services bridging accessibility. Are you ready to become part of the legal justice solution?
@legalcnetwork Replying to @erika.esq ♬ original sound - legalcnetwork
Formerly known as Independent Paralegals, Legal Document Assistants are non-attorneys authorized to assist Self-Help (Pro Per) litigants with the completion of legal documentation. LDAs cannot represent anyone in court, we cannot provide advice about legal rights or the law, nor can LDAs select legal forms. Fortunately, Court websites have document packets with most commonly used legal documents free to download. Only an attorney can provide legal advise tailored for your specific case.
What Are Self-Help Services?
Kinds of services that a Legal Document Assistant can perform for you:
I can perform the following self-help services for you in connection with a legal matter in which you are representing yourself:
I can type or otherwise complete, as you specifically direct, legal documents that you have selected. I can provide you general published factual legal information that has been written or approved by an attorney, to help you represent yourself. I can provide you published legal documents. I can file and serve legal forms and documents as you specifically direct.
These are the only kinds of services that I can perform for you. I cannot provide you any service if you need additional services. If you need additional services, then you require the services of an attorney.
Kinds of services that I cannot perform for you:
I cannot provide you any self-help service unless you are representing yourself in a legal matter and the self-help service relates to that legal matter.
I cannot engage in the practice of law. This means that I cannot give you any kind of advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, strategies or options that you may have. I cannot give you any advice, explanation, opinion or recommendation regarding selection of forms.
While Bus & Professions Code § 6400, et seq. goes into great detail about the role and responsibilities of an LDA, what it does not tell you is the business aspect of becoming an LDA. Self-Employment is not for everyone. There are federal, state, and local business requirements that your business must comply with. Then there is the financial aspect. Are you ready to prepare financial statements like a Profit & Loss or how about a Balance Sheet? Sure you can contract out the accounting portion, but that costs money. In addition, you'll need vital components in place such as marketing, client management software, and drafting software for pleadings which may require thousands of initial investment. What will the day to day operations be like? What will clients experience when they interface with your business, i.e. client flow.
Have I scared you off yet? No, good!
Then becoming an LDA may be right for you after all. The best place to start is with building your business is with the support of the Small Business Administration or Northern California’s SBA Women’s Business Center . Having a business plan with 3/5/10 years goals is important. This is the framework your business will follow.
It's really comes down to the entrepreneurial mindset. To help keep me motivated and on track I surround myself with like minded professionals by network with fellow entrepreneurs and listen to podcasts such as Side Hustle Pro.
BECOMING A PARALEGAL in california(b) Notwithstanding subdivision (a), a paralegal shall not do the following:
(1) Provide legal advice.
(2) Represent a client in court.
(3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal.
(4) Act as a runner or capper, as defined in Sections 6151 and 6152 .
(5) Engage in conduct that constitutes the unlawful practice of law.
(6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services.
(7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived.
(8) Establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal's work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity as provided in subdivision (a).
(c) A paralegal shall possess at least one of the following:
(1) A certificate of completion of a paralegal program approved by the American Bar Association (ABA).
(2) A certificate of completion of a paralegal program at, or a degree from, a post-secondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Post-secondary and Vocational Education.
(3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks.
(4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. This experience and training shall be completed no later than December 31, 2003.
(d) Every two years, commencing January 1, 2007, any person that is working as a paralegal shall be required to certify completion of four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of Section 6070 . Certification of these continuing education requirements shall be made with the paralegal's supervising attorney. The paralegal shall be responsible for keeping a record of the paralegal's certifications.
(e) A paralegal does not include a non-lawyer who provides legal services directly to members of the public, or a legal document assistant or unlawful detainer assistant as defined in Section 6400 , unless the person is a person described in subdivision (a).
(f) This section shall become operative on January 1, 2004.
