Legal Document Assistants
Jul 29th
Here’s some more conference materials for you:
The link to the conference registration page is http://www.calda.org/Conference/conference_registration1.asp.
And don’t forget to bring in several new members — the upcoming CALDA conference would be an excellent membership magnet to use for use in your personal membership drive!
Membership Drive!
Jul 29th
For the next SIX months, CALDA is holding a membership drive that goes like this: Any member who brings in a new member to CALDA will receive $25 off his or her next membership renewal fee. So, if you bring in 8 new members, your membership fee will be zero! Simply have the new member drop your name as their “sponsor” and contact the Membership Chair to let them know who you sponsored — it’s that easy!
Conference Speaker Update!
Jun 3rd
Hi Everyone,
Connie Crocket, our Conference Chairperson, just recently made this announcement regarding the speakers that will be at this year’s Convention. Sounds like it’s going to be great!
Dear CALDA Members,
I’m very excited to announce that the Key Note Speaker for our 24th annual CALDA Conference is Los Angeles Superior Court Judge Mark Juhas, who was on the Elkins Family Law Task force and is now a member of the Elkins Family Law Implementation Task Force. He also sits on the Self Represented Litigants Task Force for the Judicial Council and he is the Chair of the Family Law Curriculum Committee for CJER1. This is an incredible opportunity to show the Judicial Council what CALDA is all about, while we learn about the Elkins Implementation process and how this can impact CALDA and all LDAs.
Judge Juhas told me that he remembered those CALDA members who spoke on behalf of LDAs and at the Elkins public hearings in San Francisco and Los Angeles and he is very interested in speaking to our group. Kudos to those members who were present, and those who submitted written comments!
And that’s not all! Commissioner Vogl of the Orange County Superior Court will once again shower us with his humor in a Dissomaster class. I won’t give away the rest of the agenda now, but know that there will be beginning and advance classes, and classes in areas of law you probably never thought about. Get involved and come to the conference!
MARK YOUR CALENDARS!!!!, October 14-16, DoubleTree, Ontario, CA. A dedicated CALDA reservation site for the DoubleTree will be posted on the CALDA website in the near future. Stay updated by reading your CALDA emails and forum message, or check in with the CALDA Facebook page at http://www.facebook.com/CAlegaldocumentassistants.
[NOTE: Here are two links to the Elkins Task Force Recommendations:
http://www.courts.ca.gov/elkins-executive.pdf (Executive summary, 14 pgs.)
http://www.courts.ca.gov/elkins-finalreport.pdf (Whole report, 94 pgs.)]
Connie Crockett
CALDA Conference Chair
Save the Date! 24th Annual Conference Set for Oct. 14-16, 2011: “The LDA: a Decade of Service to the Self-Help Litigant”
Apr 5th
The California Association of Legal Document Assistants (CALDA) will be hosting its 24th annual conference on October 14-16, 2011 at the Doubletree Hotel & Conference Center in Ontario, California.
This year’s conference theme, “The LDA: A Decade of Service to the Self-Help Litigant,” aims to highlight the contributions of Legal Document Assistants since the implementation of California law SB1418 in 2000 which authorized LDAs or non-lawyers, formerly known as Independent Paralegals, to prepare legal documents for self-help litigants.
“The Legal Document Assistant profession has come a long way in a relatively short time,” said Marcel Neumann, President of CALDA. “As more and more consumers become aware of the valuable services LDAs offer, we will continue to bridge the gap to justice by providing equal access to the Courts for all self-help litigants as well as a cost-effective legal alternative.”
According to Connie Crockett, CALDA 2011 Conference Chair, the conference classes will encourage LDAs to increase their skills and better prepare to meet the needs of the self-represented in this ever changing legal environment.
“I invite all CALDA members to join us as we celebrate our profession’s accomplishments during the past decade, while looking ahead to another productive 10 years and beyond,” said Crockett.
What is a Homestead Declaration?
Feb 9th
By Ian M. Duncan, Legislative Chair
California Association of Legal Document Assistants
What is a Homestead Declaration?
A homestead declaration is a written statement, made under penalty of perjury, that claims a particular “dwelling” (i.e. a house, condominium, boat, or similar property) as the owner’s principal place of residence. In order to protect a home against a loss to creditors, a homestead declaration must be (1) signed by a homeowner, (2) acknowledged (i.e. notarized) by a notary, and (3) recorded.
A properly prepared and recorded homestead declaration may immunize the home (and the land on which it is situated) from many, but not all, legal enforcement measures.
Any non-attorney who prepares a homestead declaration is referred to as a “Homestead Filing Service”. These rules apply to Legal Document Assistants.
LDAs Should be Very Careful When Someone Requests a Homestead Declaration
The law protects individuals who request homestead filing services by imposing the following broad regulations:
(1) Strict guidelines are put in place to protect against certain misstatements at risk within the Homestead Filing service process
(2) Homestead Filing Services require certain disclosures
(3) There are specific definitions about the minimum kinds of services that must be provided by anyone who solicits Homestead filing services and
(4) There are limits on the fees that can be charged in providing Homestead Filing services (Bus. & Prof. Code §17537.6 (a-d)).
Fees
The law limits the fee that can be charged for the services to $25.00, including notary and recording fees. Considering the cost of the recording is somewhere in the neighborhood of $15.00, the Legal Document Assistant who prepares the homestead declaration will be making around $10 if you provide notarization, or around $5 if you do not.
Furthermore, this fee can not be charged until after the homestead declaration is recorded.
Recording
When preparing a homestead declaration, the Homestead Filing Service must record the notarized homestead declaration within 10 days. This means that the LDA must be the one to ensure the document is recorded, even if this is not a service you usually offer to people.
Required Disclosure
To ensure that a homeowner is not mislead about the need for filing a homestead declaration or the protection that this provides, a homestead filing service must include a prescribed disclosure at the top of each page of every advertisement or promotional material before the time when the owner is obligated to pay for the service. In the case of an oral solicitation, the disclosure must be recited at the beginning of each presentation and delivered in printed form before each person who responds to the oral solicitation is obligated to pay for the service.
The disclosure must be made in 12 point boldface type and enclosed by a box formed by a heavy line as follows:
THIS HOMESTEAD FILING SERVICE IS NOT ASSOCIATED WITH ANY GOVERNMENT AGENCY.
YOU DO NOT HAVE TO RECORD A HOMESTEAD DECLARATION.
RECORDING A HOMESTEAD DECLARATION DOES NOT PROTECT YOUR HOME AGAINST FORCED SALE BY A CREDITOR. YOU MAY WISH TO CONSULT A LAWYER ABOUT THE BENEFITS OF RECORDING A HOMESTEAD DECLARATION.
IF YOU WANT TO RECORD A HOMESTEAD, YOU CAN FILL OUT A HOMESTEAD DECLARATION FORM BY YOURSELF, HAVE YOUR SIGNATURE NOTARIZED AND HAVE THE FORM RECORDED BY THE COUNTY RECORDER.
You can find more information on this subject here: http://www.dca.ca.gov/publications/legal_guides/h-1.shtml
“The LDA in the Library Program”
Jan 31st
The “LDA in the Library Program” is a countywide service offered by CALDA in conjunction with participating public law libraries.Volunteer CALDA LDAs are on-site at the Law Libraries to:
- Educate library patrons on the usage of LDAs.
- Provide attorney-approved factual information on legal procedures, rights or obligations.
- Refer patrons to CALDA and/or legal and community service agencies in the County’s Legal Services Directory.
The consultations are FREE & will be held strictly confidential.
And no continuing LDA/client relationship is formed by participating in the LDA in the Library program.
What CALDA members need to do:
- Go to your County Law Library and introduce yourself. You can do it with other LDAs from your County if you prefer.
- Bring the CALDA Brochure and ask the librarian if they would like to have another legal reference resource for their patrons. Talk about our website ‘Find an LDA’ option.
- Mention to them the “LDA in The Library” program that is going on in Alameda County and suggest that they implement the same.
- Ask them to call their counterparts at the Law Library in Alameda County for details.
- Tell them that it works pretty much the same as the “Attorney in The Library” program that many Libraries already have in place.
E-mail Marcel Neumann, President@calda.org if you have any questions.
A tribute to Jim Snyder, co-founder of California Association of Independent Paralegals (CAIP)
Dec 2nd
Jim Snyder, July 20, 1933 – November 12, 2010 was one of the founders of California Association of Independent Paralegals (CAIP) which later became CALDA
Jim Snyder was born on July 20, 1933 in Brooklyn, New York. In 1973 he moved to the San Fernando Valley in California, where he first learned paralegal work under a gentleman who had been trained under the original “WAVE” project spearheaded by Ed Sherman. (How to do Your Own Divorce in California, by Nolo Press).
Jim opened his first office in Reseda, California, and at one time had fourteen offices from Long Beach to Santa Rosa, California.
Jim eventually became an expert in Bankruptcy preparation, and was instrumental in helping to improve “How to do Your Own Bankruptcy” by Nolo Press.
In August of 1986, Jim Snyder, together with Catherine Elias-Jermany, Glynda Dixon Mathewson and Mari Loftus, participated in the initial discussion phase to organize the first association designed to meet the needs of Independent Paralegals. As one of the initial principals, Jim was an active participant in the founding of CAIP (California Association of Independant Paralegals). After many years of lobbying and rallying paralegals together from around the state, CALDA was born from this Association.
Jim went into semi-retirement and ventured into other areas of service in the early 90’s. He had his own Radio Show, “Know the Law”, which was broadcast from Las Vegas, Nevada. He also gave seminars on Constitutional law, Legal Research, and the IRS Code.
His wife, Cheryl Wilson, who had been his silent partner since 1978, took over the reins of the paralegal business during that time, while Jim continued to do legal research, proofreading, and financial consulting.
CALDA to Consumers: Use registered & bonded Legal Document Assistants (LDA) to file legal paperwork
Dec 2nd
Angie Walters, CALDA PR Chair, in front of CALDA poster displayed at the William Ridgeway Sacramento Family Courthouse
Consumers should hire only registered and bonded Legal Document Assistants (LDA) rather than unregistered paralegals to help with filing accurate legal documents in order to avoid additional delays and court fees, advises the California Association of Legal Document Assistants (CALDA), the time-honored nonprofit organization committed to promoting public awareness of Legal Document Assistants as an integral partner in the delivery of legal services.
An informal review by CALDA of classified and online advertisements of “self-help legal services” found that many of the ads were posted by unregistered paralegals who are still not complying with the law. Specifically, the Business and Professions code §6400 enacted in 2001 does not allow paralegals to perform work for consumers unless they are registered and bonded as an LDA.
“We want consumers to be aware that many of these unlicensed paralegals may not possess the necessary education or experience and could be harming consumers,” said Marcel Neumann, president of CALDA and owner of Affordable Document Preparation Services, a self-help Legal Document Assistant company established in March of 1991 based in Hayward, CA. “Unregistered paralegals may be filing inaccurate paperwork that must be corrected and resubmitted to the courts again and again, clogging the already congested and backlogged courthouses.”
In its continuing efforts to bring public awareness to the Legal Document Assistant Industry, the California Association of Legal Document Assistants prepared a poster “Know the Difference Between Paralegals and Legal Document Assistants (LDAs)” to educate consumers about the differences between paralegals and Legal Document Assistants.
Sacramento first in state to display CALDA posters
The William Ridgeway Family Law Courthouse in Sacramento is the first in California to display the CALDA poster, which is placed in several locations throughout the courthouse. Several electronic billboards also display the definitions of Legal Document Assistants and Paralegals.
“The efforts of the Sacramento Family Court House has been a tremendous help to educate the public,” said Angie Walters, a member of CALDA’s board of directors and currently its Public Relations Chair. Walters, who was instrumental in working with the Courthouse to display the CALDA poster, is an LDA and founder/co-owner of ASAP LEGAL, Inc., a legal document preparation and process serving company located in Roseville, CA (www.asaplaw.net). “Consumers should make sure the paralegal is registered and bonded as a “Legal Document Assistant” before hiring them to provide legal services. Consumers may also visit the CALDA website to find an LDA in their city or county.
“We also urge paralegals to contact CALDA for information on how to register as Legal Document Assistants in the county where they perform their services in order to meet specific education and experience requirements to comply with the law.”
The CALDA poster, “Know the Difference Between Paralegals and Legal Document Assistants (LDAs)” which is located on the left-side of the front page of their website, (www.CALDA.org.) states as follows:
Effective January 1, 2001, Business and Professions Code Section 6400 et seq. redefined “paralegal” to mean only those who work for and are supervised by attorneys. A “legal document assistant” is authorized under California law to prepare legal documents for consumers. Paralegals may not work independently for consumers.
What can a Paralegal Do? A paralegal assists an attorney in preparation of legal documents, gathering facts, performing research, interviewing witnesses, and other tasks at the direction of an attorney.
What can’t a Paralegal Do? Cannot set or accept fees for services from a consumer; Cannot independently prepare documents for consumers; cannot represent you in court;
Cannot give you legal advice; cannot work as LDAs unless meeting the requirements of being bonded and registered.
What can a Legal Document Assistant (LDA) Do? At your direction, LDAs can complete court forms for you. LDAs may file forms with the court and have them served. LDAs may also supply books and publications authored or approved by attorneys.
What can’t a Legal Document Assistant Do? Cannot represent you in court; cannot give you legal advice; cannot tell you what information should be inserted in the documents; cannot interpret documents; cannot select forms.
What you need to know before hiring a Legal Document Assistant: Contact the County Clerk or County Recorder for a list of the registered LDAs in your County and confirm the LDA is registered and bonded. Ask to review the Contract for Services, a document required to be executed by both parties under California State law. If you do not understand your legal rights or need advice on your matter, consult an attorney before you direct the LDA to complete your documents.
To locate a Legal Document Assistant: Look in the telephone directory under “Legal Document Assistants” or “Legal Documents & Forms Preparation Services”, contact the County Clerk Recorder or check the California Association of Legal Document Assistants online member locator at www.CALDA.org.search.asp.
About CALDA
The California Association of Legal Document Assistants (CALDA) is a non-profit organization setting the standard in education, ethics and excellence in the legal document assistant profession. (www.CALDA.org). Established in August 1986, it was formerly known as “California Association of Independent Paralegals” (CAIP).
In a challenging economy, LDAs are needed more than ever! By Cindy Elwell
Nov 16th
LDAs are on the cutting edge of where the legal field is heading, and I know that people do and will use our services over much higher priced legal alternatives
As many have expressed and is backed up by real hard numbers, building your own business is a lot of hard work. According to the SBA stats, “Seven out of 10 new employer firms survive at least two years, and about half survive five years.” And I know that this is due to improper pricing and not marketing.
I’m so happy to hear that many of our CALDA members are really out there doing a lot of marketing. Whenever I ask our esteemed President, Marcel Neumann, how business is; if it’s slow, his response is that he has to get out and market. I think we all know that deep down, it’s just hard to continually have to do it. It also takes 5-7 years to build a successful business and we do need to get out in our communities and get the word out about Legal Document Assistants and our valuable service to the consumer.
Also, what business hasn’t gone through drastic changes during this economic downturn? The legal industry has been hit very hard and many law firms are changing how they operate. I don’t know anyone who hasn’t been affected by this recession. However, I sincerely believe that we’re on the cutting edge of where the legal field is heading, and I know that people do and will use our services over much higher priced legal services—they just need to be more aware of what LDAs offer.
As a long-time business owner, I try to be innovative in pricing, accepting payment plans and even taking on some contract paralegal work during slower economic periods. And what many of our members also emphasized is having a positive attitude. Our clients are our bosses, and we need to treat them that way!
Regarding Craigslist ads, I use them more for the search engine optimization than to immediately get clients. Also, I use Craigslist myself when I’m looking for office furniture and other things, and almost every DWD provider has come from the Craigslist ads we’ve run, so I think it’s normal, middle-income folks using the service. And they do have an incredible search engine so if you have a website, I believe it’s a great place to do free advertising.
Some of you who are new to the industry, don’t know how much we used to have to spend on hard copy ads—there was a point where I was paying close to several thousands of dollars per month for my yellow page ads. Now, we’re fortunate with the Internet that allows us to do some great advertising for free and/or little cost.
But we have to market ourselves—over and over and over.
I’m happy to participate further in this discussion, and would love to learn of new ideas and things that other CALDA members have used to increase their business over the last couple of years.
About the Author: Cindy Elwell, the founder of Divorce With Dignity Network, specializes in helping LDAs operate a successful business. Cindy has an accounting degree and many years experience working for small businesses.
Ian Duncan elected to CALDA Board as Legislative Chair
Oct 29th
Ian Duncan
Ian Duncan, owner of Oakland-based California Document Preparers, was elected to CALDA’s Board of Directors during its annual conference in October. Ian will serve as the Legislative Chair, where he will supervise the monitoring and supporting of legislation related to the profession and be a liaison between the Association and other organizations with similar goals.
Ian started working at We The People of Oakland as the then-store manager’s assistant. He was actually a customer first — he had such a good experience as a customer that when he saw that the store owner was setting up interviews, he applied for one of the open positions.
In 2007, the manager left and Ian began managing the store. In 2007, the Oakland store was rated #2 in the We The People system for total sales and #1 in sales of business products (LLCs and Incorporations). Bill and Mary, the owners, sent Ian to the Paralegal Institute where he received his degree.
In 2008, Ian bought into the company and became an owner. “It’s sort of like the Remington shaver commercial — “I liked the shaver so much, I bought the company,” Ian explained.
In 2009, Ian’s Oakland office and the Walnut Creek office both broke away from We The People and became independent. Finally, having total control over the over the customer’s experience now, he felt like a real LDA.
Since then, Ian has been working furiously along with his company’s reference attorneys to improve his customer’s materials (workbooks, guides, and other templates) in order to make his products, and thus his customers’ experiences, the highest and best quality possible.
