Navigating legal matters often involves deciding between a Legal Document Assistant (LDA) and a Paralegal. Understanding the distinctions between these two roles, especially in terms of regulation, cost, and transparency, can significantly impact your choice.

​When deciding between a Legal Document Assistant and a Paralegal, consider regulation, cost, transparency, and consumer protection. LDAs, regulated under BPC 6400, offer a secure, transparent, and cost-effective option with verified credentials and higher continuing education requirements. Additionally, LDAs can provide services directly to the public without the need for attorney supervision, offering more accessible and flexible support. For reliable and efficient legal document preparation, hiring an LDA can be a practical choice, especially for those who are handling their legal matters independently.

As a Legal Document Assistant (LDA), I encounter a wide array of individuals seeking my assistance with their legal matters. It is both rewarding and challenging to guide them through the intricacies of the legal system. However, there is a crucial aspect that I must clarify—I am unable to provide legal advice, despite the persistent inquiries from my customers. While their curiosity is understandable, it is vital to recognize the limitations placed upon me as an LDA.

To shed light on the importance of this distinction, let's delve into the findings of the California Justice Gap study. This comprehensive analysis revealed a distressing reality: a significant knowledge gap exists among the general public when it comes to understanding their legal issues. This lack of awareness is precisely why individuals often unwittingly seek legal advice when all they require is a legal analysis.

Here’s a seven simple step overview of the California divorce process. Keep in mind, every county has their local procedures so steps may vary depending upon your county. 

Kinds of services that a Legal Document Assistant (LDA) can perform for you:
We can perform the following self-help services for you in connection with a legal matter in which you are representing yourself:

• We can type or otherwise complete, as you specifically direct, legal documents that you have selected;
• We can provide you general published factual legal information that has been written or approved by an attorney, to help you represent yourself;
• We can provide you published legal documents;
• We can file and serve legal forms and documents as you specifically direct;
• We can work in conjunction with your lawyer to provide unbundled legal services. ​

 
These are the only kinds of services that Legal Document Assistants can perform for you.  If you need additional services are needed beyond the scope of services we are able to provide, we can refer you to  an attorney.
 
Kinds of services that an Legal Document Assistants (LDAs) cannot perform for you:
LDAs cannot represent anyone in court, 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 advice.

Services are exclusively for Pro Per litigants representing who are themselves in a legal matter and the self-help service relates to that legal matter. 
 
This firm cannot and will not engage in the practice of law.
This means that we cannot give you any kind of advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, strategies or options that you may have. We cannot give you any advice, explanation, opinion or recommendation regarding selection of forms.

It can be difficult deciphering what legal advice is. Clients regularly ask legal questions not understanding they are putting the LDA in a compromising position. 
Questions related to:

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

are considered legal advice and should be discussed with an attorney. ​

​Legal Document Assistant (LDA) do not operate any differently than a Paralegal working under the supervision of an Attorney. Both can only render legal services at the specific direction of either the attorney or clients for the LDAs.

Operating an LDA Business is invaluable because of the first-hand experience and practical training on the front lines of pro se litigation. Just like attorneys LDAs too learn through file rejections and amended pleadings. Heck, judges and clerks review our work on a daily basis. 

Paralegal and LDA practice practical application of the law and both have a front row seat to the theoretical application of the law whether our clients be attorneys or in pro se litigants. 

It may not be common knowledge, but many of my regular clients are in fact attorneys/law firms who have one off family law cases and or who have overflow cases. This is the case for many of my LDA peers. Attorneys who see LDAs as competitors rather than potential business partners shut down revenue opportunities to render competent and affordable legal services. 

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 this very issues. ​

BPC 6411.(f)  Use in the person’s business name or advertising the words “legal aid,” “legal services,” or any similar term that has the capacity, tendency, or likelihood to mislead members of the public about that person’s status as a nonprofit corporation or governmentally supported organization offering legal services without charge to indigent people, or employing licensees of the State Bar to provide those services.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=6411.​

BPC 6159.  (using legal aid) https://law.justia.com/codes/california/2020/code-bpc/division-3/chapter-4/article-9-6/section-6159-52/#:~:text=6159.52.%C2%A0%C2%A0,January%201%2C%202010.)
It is unlawful for any person or organization to use the term “legal aid,” “legal aide,” or any confusingly similar name in any firm name, trade name, fictitious business name, or any other designation, or on any advertisement, letterhead, business card, or sign, unless the person or organization is a legal aid organization subject to fair use principles for nominative, descriptive, or noncommercial use. (Added by Stats. 2009, Ch. 457, Sec. 3. (AB 590) Effective January 1, 2010.)

BPC 6450.  (a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation.
​https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6450.&lawCode=BPC

The California Paraprofessional Program Working Group (CPPWG) is one of the many working groups established pursuant to the ATILS Taskforce (Task Force on Access Through Innovation of Legal Services) recommendations (see Final Report and Recommendations).
​
One of the more notable mandates the ATILS Taskforce was charged with was  the review of, "the prohibitions against unauthorized practice of law (UPL) as well as the impact of those prohibitions on access to legal services." This directly impact our profession as LDAs because their findings were to recommend the consideration of implementation of the new paraprofessional licensing program. It was at this juncture where LDAs should have had a voice in the outcome of these recommendations. Instead of the development of a new non-attorney professional, rather the expansion of our current profession as LDAs. But, that ship has long since sailed. The ATILS Taskforce final report was adopted in March 2020.

It is imperative that LDAs are involved in not just the Paraprofessional Working Group, but the other ancillary working groups, subcommittees and taskforces. 

Here's a link to the California Paraprofessional Program Working Group
http://www.calbar.ca.gov/About-Us/Who-We-Are/Committees/California-Paraprofessional-Program-Working-Group for more details.

Effective January 1, 2016. BPC §6402.  our registration requirement has changed. We are no longer required to register in each count where we perform business.
We can now offer business in ANY county throughout California and are only required to register in the county in which our principal place of business is located, and in which we maintain a branch office. 

"A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which their principal place of business is located, and in which they maintain a branch office..."

To date, the Department of Consumer Affairs has yet to update our statutory contract to conform with BPC §6402. 
​
Current Contract
7. As required by law, I have filed a bond or made a cash deposit and have registered as a legal document assistant in each county where I will perform services on your behalf.
Proposed Revision
7. As required by law, I have filed a bond or made a cash deposit and have registered as a legal document assistant in the county where my principal place of business is located, and in any counties in which this business maintains a branch office.
https://govt.westlaw.com/calregs/Document/I3356854BB1E74FDB8181ECEA71C00C39?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

​Notarizing online will change your life and more importantly how you do business!  

I recently started eNotarizing Marital Settlement Agreements with Notary Live. Clients love it, especially with COVID restrictions. The fee is $25 per signature. If both signers are in the same place they can sign during the same session for $30. There is even a feature to have clients pay directly. There are no monthly fees! Nada, Zip, Zilch. The notarized document comes right back to you so there's no tracking down docs from clients. 

Enjoy!

The major difference is Paralegals can only perform legal services for attorneys whereas a Legal Document Assistant can perform limited self-help legal services for the general public, like yourself.
 
Paralegals:
In the state of California, a "Paralegal" is a legal professional, who is qualified by education, training, or work experience, who performs substantial legal work under the direction and supervision of an attorney.
 
Legal Document Assistants (LDAs):
Formerly known as "Independent Paralegals," Legal Document Assistants are bonded and registered legal professionals, who are qualified by education, training, or work experience, to provides limited legal services for self-representing litigants. LDAs can provide self-help services at clients' specific direction.

What’s your split? The biggest motivator for going into business for yourself is getting 100% of sales. The flip side is you also take 100% of the risk. Wouldn’t it be great to be able to have an attorney by your side along the way? 

By investing in a LegalShield Small Business Plan I make calculated business decisions avoiding unnecessary risk. Custom business legal plans starting at $39.00 per month give you access to a huge variety of legal services to help you rest easy knowing you’re protected. Speak to a lawyer as often as you’d like, get contracts & documents reviewed before you sign and much more. Protect and grow your business with a LegalShield Small Business Plan.

Dear Legal Document Preparers community,
Here's the latest news from the Sacramento Superior Court:
As you know, "many court operations have been curtailed and understandably, have adversely impacted the civil legal community.

The Court is developing and are implementing an operational plan that will increased civil, family law and probate operations. It is very important that you check the court’s website for updates and additional orders.

Missed Hearings: Hearings missed during the court closure period (March 20, 2020 through May 15, 2020) will be continued by minute order and posted to the Public Case Access System (https://services.saccourt.ca.gov/PublicCaseAccess/) . The posted minute order will provide new hearings dates, extend temporary orders if applicable, and provide instructions for appearing using Zoom. Continuance dates could be set as early as May 11, 2020.

Missed FCS Return Hearings: Hearings on the return from mediation will be reset, noticed via the Public Case Access System (https://services.saccourt.ca.gov/PublicCaseAccess/) to be heard commencing the week of May 25, 2020.

Missed FCS Mediation Appointments: All mediations missed since the court closure on March 20, 2020, will be rescheduled with notification sent to parties by US Mail, by the anticipated date of May 27, 2020. Mediations conducted via telephone or Zoom could begin as early as May 1, 2020.

FCS 10-Page Input Letters: A designated email address will be contained within the FCS notification sent out to parties.

FCS Mediation Reports: All reports for mediations conducted in early March will be issued by May 11, 2020, and posted on the Public Case Access System (https://services.saccourt.ca.gov/PublicCaseAccess/) .

Retroactive Modification of Support: Child and Spousal support are statutorily retroactive to date of filing. See Judicial Council web link at courts.ca.gov/doc…/2020-04-19-rules-effective-04-20-2020.pdf (http://www.courts.ca.gov/…/2020-04-19-rules-effective-04-20…) .

Probate: Probate Court will accept and process ex parte applications beyond those limited to temporary
conservatorship and guardianship. See Probate Court Closure Mitigation Plan saccourt.ca.gov/…/extended-court-closure-mitigation-planfor… (https://www.saccourt.ca.gov/…/extended-court-closure-mitiga…)

For more details, please visit the Court's COVID-19 website: https://www.saccourt.ca.gov/general/coronavirus.aspx
If you’re looking for more ways to protect yourself and your loved ones, check out the CDC (https://www.cdc.gov/coronavirus/2019-ncov/index.html) website.

We look forward to supporting each other during these challenging times.

How best to protect your notary business from vexatious litigants and unscrupulous individuals looking to make a quick buck from our Notary bonds?

What many Notaries do not understand is that the bond only protects the public, not the notary. The bonding agency have to interest in denying claims against our bonds. Afterall, any claims paid out on the notary's behalf can and will be recuperated from the notary. I don’t know about anyone else but I certainly don’t have $25k to burn.

This is why Errors and Omissions Insurance (E&O) is SO important. E&O Insurance protects the notary against claims. That said... not all E&O policies are created equal. Read and understanding the arduous clauses written in legalese can be frustrating for anyone.

As a benefit of the LegalShield Small Business Plan members can submit insurance policies to an attorneys specializes in insurance law to review before signing! It also helps that LegalShield offers Trial Defense benefits.

It would be great if LSS counseled Notaries on how to limit liability where bonds and insurance policies may fall short.

Are you struggling to pay your commercial lease? Put your LegalShield Small Business Plan to work for you! Have a lawyer review your commercial lease for a Force Majeure Clause then guide you how to navigate rent negotiations amid the COVID-19 epidemic.

Is your landlord unresponsive? Have a lawyer write a letter on your behalf.  
​
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LEGAL CONSULTATIONS

• Speak with your attorney on an unlimited number of business legal issues.
• One hour of legal research on each matter is included at no additional charge.

LETTERS & CALLS

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DOCUMENTS & CONTRACTS

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