​WHAT DOES “Legal document assistant” (LDA) mean?:

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 themselves in a legal matter, or who holds themselves 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.

Exemptions:​

• Any government employee who is acting in the course of their employment.
• A licensee of the State Bar of California, or their employee, paralegal, or agent, or an independent contractor while acting on behalf of a licensee of the State Bar.
• Any employee of a nonprofit, tax-exempt corporation who either assists clients free of charge or is supervised by a licensee of the State Bar of California who has malpractice insurance.
• A licensed real estate broker or licensed real estate salesperson, as defined in Chapter 3 (commencing with Section 10130) of Part 1 of Division 4, who acts pursuant to subdivision (b) of Section 10131 on an unlawful detainer claim as defined in subdivision (b) of Section 6400, and who is a party to the unlawful detainer action.
• An immigration consultant, as defined in Chapter 19.5 (commencing with Section 22440) of Division 8.
• A person registered as a process server under Chapter 16 (commencing with Section 22350) of Division 8 or a person registered as a professional photocopier under Chapter 20 (commencing with Section 22450) of Division 8.
• A person who provides services relative to the preparation of security instruments or conveyance documents as an integral part of the provision of title or escrow service.
• A person who provides services that are regulated by federal law.
• A person who is employed by, and provides services to, a supervised financial institution, holding company, subsidiary, or affiliate.

WHAT ARE "SELF-HELP SERVICES"?

Self-help services includes performing the following:

• Completing legal documents in a ministerial manner, selected by a person who is representing themselves in a legal matter, by typing or otherwise completing the documents at the person’s specific direction.
• Providing general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing themselves in a legal matter, to assist the person in representing themselves. This service, in and of itself, does not require registration as a legal document assistant.
• Making published legal documents available to a person who is representing themselves in a legal matter.
• Filing and serving legal forms and documents at the specific direction of a person who is representing themselves in a legal matter.

Is a Legal Document Assistant an Attorney?

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What is Legal Advice? 

Questions related to:

• What you should do;
• What is legally required of you or the other party;
• What your legal obligations are;
• If a law/procedure is applicable to your case;
• Any explanations of your rights or the law;

are considered legal advice and should be discussed with a licensed attorney. ​Generally, the court's instructional packets thoroughly answer typical questions related to the legal process and procedure, however, they do not address case-specific issues. It's difficult to anticipate all the potential issues or questions that may arise in the course of a legal action.

what is the best way to utilize a legal document assistant? 

Self-representing litigants are most successful when pairing unbundled legal services to fit their needs. Legal document preparation service is best paired with either the court self-help department or a limited scope attorney. 

For example, you want to file for a divorce, but not sure how community property should be divided. The court's instructional packet explains that California is a community property state, however, you're not sure if your spouse is entitled to all of your retirement since you started your retirement account before you got married. Investing in a consultation with an attorney is crucial to know exactly how much of your retirement your spouse is entitle to.  Should further guidance or legal advice become necessary, Prepared Legal Corp. can provide a referral to an attorney or work with your attorney.

legal document assistant and paralegal WHAT'S THE DIFFERENCE?

While many Legal Document Assistants (LDAs) are Paralegals, in the state of California only LDAs are bonded and registered to provide self-help services directly to the public without attorney supervision. Legal Document Assistants are formerly known as Independent Paralegals. The Paralegal Associations lobbied to change this to avoid confusion, however, consumers often refer to LDAs as "Paralegals". 

The LDA profession offers added consumer protections where working directly with a "Paralegal" would not. Individuals holdings themselves out as "Paralegals" while offering legal services directly to the public are unlawfully practicing law. In the industry we referred to them as "Rouge Paralegals." If an issue were to arise with the "Rouge Paralegal", a consumer does not have the same protections and safeguards available that bonded and registered LDAs offer. If a Paralegal offers to assist you with your legal matter ask they to provide the name, bar number, and telephone number of the attorney supervising their work. If an issue arises you can see relief under the attorney's malpractice insurance. If the Paralegal cannot provide their supervising attorney's information, then they are a "Rouge Paralegal." LDAs are required to publish their registration information on all solicitations or advertisements, and on any printed papers or documents prepared or used by the LDA. You can also ask the LDA to present their LDA identification card as proof of registration. 

LDAs are also required to complete more continuing education than Paralegals.