In today's complex legal landscape, individuals often find themselves in need of various legal services, ranging from simple document assistance to full-fledged attorney representation. Prepared Legal Corp recognizes the diverse needs of clients and offers a range of services to meet these demands. In this blog, we'll explore the key distinctions between our Legal Document Assistant (LDA) services, Paralegal services, and Unbundled Legal Support, often referred to as "Attorney Support."

Legal Document Assistant (LDA) Services: Empowering Self-Representing Litigants
Under California Business Professions Code §6400, our Legal Document Assistant (LDA) services are designed to empower self-representing litigants. LDAs provide self-help legal services, assisting clients in preparing legal documents, ensuring procedural compliance, and using court instructions to guiding them through the often intricate legal processes. However, it's important to note that the client retains full control and responsibility for making all legal decisions in their case.

Our LDAs serve as knowledgeable professional, offering valuable assistance, but they do not make legal decisions on behalf of the client. Clients benefit from affordable and accessible support while remaining in control of their legal matters. This service is especially valuable for those who choose to represent themselves but seek professional guidance.

Paralegal Services: Supporting Licensed Attorneys
Prepared Legal Corp's Paralegal services operate exclusively in collaboration with licensed Attorneys, following California Business Professions Code §6450. In this capacity, our Paralegals work closely with attorneys to provide vital legal support services. These services encompass tasks such as legal research, document drafting, case management, and client communication.

It is important to emphasize that in this partnership, attorneys maintain the responsibility for making all legal decisions in their client's case. Our Paralegals serve as integral members of the legal team, facilitating efficient case management and allowing attorneys to focus on the core aspects of their practice. This collaboration ensures that clients receive high-quality legal services while adhering to professional standards and ethical guidelines.

Unbundled Legal Services: Tailored Legal Assistance
Unbundled Legal Services, often referred to as "Attorney Support," involve specific legal tasks that clients can access on a pay-as-you-go basis. These tasks may include court filing, process serving, deposition officer services, and notary public services, among others. These services are governed by various sections of the California Business and Professions Code, such as §§22351, 22450, and 22450, as well as California Government Code §8201 for notaries.

Clients can select and pay for individual legal tasks based on their needs, making this option flexible and cost-effective. These services are typically provided by professionals who hold the necessary registrations and licenses. Unbundled Legal Services allow clients to tailor their legal support precisely to their requirements, optimizing their legal budgets and obtaining efficient, targeted assistance.

Choosing the Right Level of Support
When deciding which level of support and scope of services best suit your needs, it is crucial to verify the qualifications and licensing of the individual or service provider you choose to work with. Prepared Legal Corp. ensures that all our professionals adhere to the highest ethical and legal standards, providing you with confidence in your legal support choices.

Whether you are a self-representing litigant seeking guidance, an attorney requiring support services, or a client looking for specific legal tasks, Prepared Legal Corp offers a comprehensive range of solutions to meet your legal needs. By understanding the distinctions between LDA services, Paralegal services, and Unbundled Legal Support, you can make informed decisions about the level of assistance that aligns with your unique circumstances.

In the intricate world of family law, even seemingly straightforward matters like child support can come with their own set of complexities. Different jurisdictions often have varying rules and requirements when it comes to legal processes involving child support. One such unique requirement is the use of Judicial Council Form FL-342 in Santa Clara Superior Court. While this form might not be universal across all California counties, it plays a crucial role in child support orders within Santa Clara County. In this blog, we'll delve into the details of FL-342, its significance, and why it's an essential component of judgments in Santa Clara Superior Court.

The FL-342 Form: A Brief Overview
Judicial Council Form FL-342, also known as the "Child Support Information and Order Attachment," serves as a supplementary document that provides crucial information about child support arrangements in family law cases. This form helps to ensure transparency and consistency in child support calculations, taking into account factors like income, custody arrangements, and healthcare expenses.

Navigating the complexities of family law can be challenging, especially when dealing with cases involving out-of-state respondents. One particular aspect that requires careful attention in the process of obtaining a Default Stipulated Judgment (Default with Agreement) in Alameda Superior Court is establishing "personal jurisdiction". In the case of Bristol-Myers Squibb Co. v. Superior Court, the Supreme Court set forth specific requirements for establishing personal jurisdiction over an out-of-state respondent. Failure to establish personal jurisdiction may hinder the court's ability to grant a judgment that includes spousal support or property division orders.

This blog post aims to shed light on the procedural review of default and uncontested judgments submitted under the Family Code section 2336 in Alameda County Superior Court, as well as provide recommendations for navigating such cases. It is important to consult with an attorney to ensure your rights are protected throughout the legal proceedings.

The Court's Procedural Review: When a default or uncontested judgment is submitted based on a declaration under Family Code section 2336, the court in Alamanda County is obligated to conduct a procedural review of all the documents submitted. This review aims to identify any defects in the documents and must include notifying the attorneys or self-represented litigants of the identified issues. According to the California Rules of Court 5.407, any notification of defects must also provide basic information for correcting those defects. This ensures that all parties are aware of any deficiencies in their submissions and provides an opportunity for necessary amendments.

Amending the Proposed Judgment
The court may identify various defects in a proposed judgment submitted in a default with agreement case involving an out-of-state respondent. Some of the common errors and instructions provided by the court for amending the proposed judgment are as follows:

1. Minimum Contacts Declaration: If you wish to establish the court's jurisdiction, you can file a "minimum contacts" declaration. This declaration should provide factual evidence that demonstrates the respondent's sufficient minimum contacts with California to warrant the court's authority in making orders regarding spousal support and property issues.
2. Express Consent: Another way to establish jurisdiction is by amending the proposed judgment to include the respondent's express consent to the court's jurisdiction. You can add this provision to the parties' Marriage Settlement Agreement or include it in item 4.o on the FL-180 form.
3. Service in California: If you serve the respondent while they are in California, it is crucial to file a proof of service describing the details of the service. You can use the optional Proof of Service of Summons (form FL-115) for this purpose.
4. Formal Appearance: If the respondent wishes to formally appear in the case, you must first submit a stipulation to set aside the default that has been taken against them. The respondent can formally appear by filing a Response (form FL-120) or by signing an Appearance, Stipulations, and Waivers (form FL-130) that has already been filed. The respondent will be required to pay the first appearance fee of $435, unless a fee waiver is obtained. Additionally, the respondent must complete form FL-141, which details the service of their preliminary declarations of disclosure. Lastly, you must amend item 4 on the FL-170 form so that item 4.c is checked.
5. ​Status-Only Judgment: If you cannot establish the court's jurisdiction over the respondent through any of the aforementioned methods, you have the option to submit a proposed status-only judgment. In this case, you should enter the following at item 4.o on the FL-180: "The Respondent does not have the requisite contacts with CA, and for that reason, I am submitting a proposed status-only judgment." However, it is essential to remove any orders regarding spousal support or property division from the FL-180, check the box for "status only" in the header of the FL-180, and refrain from checking the box at item 4.g on the FL-180 or item 17 on the Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170).

​Consult with an Attorney
Always consult with a qualified family law attorney for personalized guidance and advice in your specific situation. Remember, each situation is unique, and professional legal advice from an attorney is essential for protecting your rights and ensuring a fair outcome. Navigating family law cases involving out-of-state respondents and complex jurisdiction issues can be overwhelming. It is strongly recommended to consult with an experienced family law attorney who can provide guidance tailored to your specific circumstances. An attorney will help you understand the legal requirements, assist in preparing the necessary documents, and ensure that your rights are protected throughout the process. 

Conclusion
When seeking a Default Stipulated Judgment (Default with Agreement) in Alameda Superior Court, it is vital to carefully consider the court's instructions and requirements. Particularly for cases involving out-of-state respondents, establishing jurisdiction and adhering to the court's guidelines become critical for a successful resolution. By following the steps outlined by the court, individuals can navigate the process more effectively and ensure that their proposed judgments align with the necessary legal requirements. 

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.  
​
Benefits include:
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

• Your attorney can make phone calls or write letters on your behalf.
• Debt collection letters are included at no additional charge.

DOCUMENTS & CONTRACTS

• Have your attorney review documents and draft contracts.
• Legal forms are included at no additional charge.

TRIAL DEFENSE

• Your attorney can defend you in covered civil lawsuits.
• Pre-trial hours included at no additional charge.

Keeping track of the relief rollouts amidst the coronavirus (COVID-19) is difficult to say the least. Tracking down the forms needed to apply for relief can be nearly impossible. We've started a webpage dedicated COVID-19 legal resources for those affected by the coronavirus pandemic. As the situation continues to develop, we continue to upload forms and other resources to the COVID-19 Legal Resource page.