• CALDA's Code of Ethics
• Did you comply with the 2003 changes?
• Legislation affecting the profession
• Legal Document Assistant Definition
• Legal Document Assistant Application Instructions
• Bonding Companies for Legal Document Assistants
• Unauthorized Practice of Law (UPL)
• How to avoid UPL
• F.A.Q. with 43 Questions about being or becoming an LDA
• Addresses for all California County District Attorneys

1. Certain disclosures are now REQUIRED when dealing with a potential client for the first time.

A. If you are initiating a contact with a potential client, either in person, in writing, or by telephone, you MUST provide the following information:

• The identity of the person making the solicitation
• The trade name of the person making the solicitation (if applicable)
• The kind of services being offered for sale

You MUST also expressly and affirmatively state the following before making any other statements or asking the prospective client any questions.

• "I am not an attorney"
• "ABC Legal Document Assistant is not a law firm" (If your business is an entity or operates under a fictitious business name)
• "I/We cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you"

B. You MUST also affirmatively and expressly make these same statements during the first contact with a prospective client who initiates the contact with you.

C. For your own protection, you optionally may ask a prospective client to sign a prescribed form acknowledging that you made the required statements.

D. Except for a Yellow Page listing of three lines or less, all advertisements and solicitations MUST contain the following statement: "I am not an attorney. I can only provide self help services at your specific direction." If the ad or solicitation is in a language other than English, this disclosure MUST also be in that language.

2. An LDA or UDA corporation or partnership MUST provide a $50,000.00 bond for five to nine LDAs or UDAs and a $100,000.00 bond for ten or more LDAs or UDAs. If an LDA or UDA partnership or corporation hires additional LDAs or UDAs and exceeds the bond threshold, they MUST promptly increase the bond to its appropriate level.

3. A certification of registration MAY be renewed up to 60 days prior to its expiration date.

4. Grounds for rejection of a registration or renewal of a registration now include a finding of liability under Business and Professions Code §6126.5 (civil remedies awarded in UPL (unauthorized practice of law) actions prosecuted by a governmental entity).

5. It is NOW considered unlawful (under B&P Code §6411, subsection (f) to use any of the following in an advertisement or business name: "legal aid," "legal services," or "any similar terms that has the capacity, tendency, or likelihood to mislead members of the public about that person's status as a nonprofit corporation or governmental supported organization offering legal services without charge to indigent people, or employing members of the State Bar to provide those services." However, this is not listed as a misdemeanor under Business & Professions Code §6415, probably for first amendment reasons.

6. Business & Professions Code §6408 states that ALL solicitations, advertisements and any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings, SHALL have the registrant's name, business address, telephone number, registration number, the county of registration, and expiration date of the registration. The new language added is that we must NOW include the expiration date of our registration.

7. Claims under the LDA and UDA law may be brought in Small Claims Court if the claim and relief fit within the court's jurisdiction.

8. It is a misdemeanor to seek or obtain a client's waiver of any of the provisions in the LDA & UDA Act.

The registrant's name, business address, telephone number, registration number, and county of registration shall appear on any solicitation or advertisement, and on any appropriate papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings.

To be eligible to apply for registration under this chapter as a legal document assistant, the applicant shall possess at least one of the following:

(a) A high school diploma or general equivalency diploma, and either a minimum of two years of law-related experience under the supervision of a licensed attorney, or a minimum of two years experience, prior to January 1, 1999, providing self-help service.
(b) A baccalaureate degree in any field and either a minimum of one year of law-related experience under the supervision of a licensed attorney, or a minimum of one year of experience, prior to January 1, 1999, providing self-help service.
(c) A certificate of completion from a paralegal program that is institutionally accredited but not approved by the American Bar Association, that requires successful completion of a minimum of 24 semester units, or the equivalent, in legal specialization courses.
(d) A certificate of completion from a paralegal program approved by the American Bar Association.

1. Making false or misleading statements to the consumer concerning the subject matter, legal issues, or self-help service being provided by the legal document assistant or unlawful detainer assistant;
   
   
2. Making any guarantee or promise to a client or prospective client, unless the guarantee or promise is in writing and the legal document assistant or unlawful detainer assistant has a reasonable factual basis for making the guarantee or promise;
   
   
3. Making any statement that the legal document assistant or unlawful detainer assistant can or will obtain favors or has special influence with a court, state, or federal agency;
   
   
4. Providing assistance or advice, which constitutes the unlawful practice of law pursuant to Section 6125, 6126, or 6127;
   
   
5. Engaging in the unauthorized practice of law, including, but not limited to, giving any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies.  A legal document assistant shall complete documents only in the manner prescribed by paragraph (3) of subdivision (d) of Section 6400.
   
   

• Limiting practice to uncontested matters.
• Having a good screening process in place.
• Having a lawyer referral system in place.
• Using a well thought out questionnaire for each area of law that you provide services.
• Using up-to-date self-help materials and software.
• Not accepting any matters that are beyond the scope of self-help services.
• Having the documents prepared reviewed with the consumer before they are filed.
• Advertising the type of legal services offered.
• Asking enough questions to provoke thought by the consumer before solving their problems.
• Have good training or education, including continuing education.
• Avoid UPL by stating you are not an attorney and cannot give legal advice and posting a sign to that effect in your office.
• Make sure the consumer provides all information in his or her own handwriting.
• Provide access to self-help legal information or legal referral services.
• Sell the self-help book you use in preparation of documents to the consumer.
• Tell the consumer what you can and cannot do at the initial contact.
• When the consumer first visits the office, provide CALDA overview brochures and self-help books.
• Review the questionnaire and contract before beginning any assignment.
• Have the consumer pay for the services prior to commencement of the work.
• After the consumer has reviewed the documents, have her/him sign a statement that they have reviewed the documents and that they are correct.
• Explain the procedure used by your office for each service.
• Keep accurate records.
• Offer 100% satisfaction guarantee and a full money back refund if not satisfied.