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  • Legal Services
    • Legal Document Preparation
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​Legal Document Preparers
Main: (916) 750-0073
​Fax: (833) 750-7737
​Email: angela@saclegalprep.com
​Address: PO Box 340066, 
​
Sacramento, CA 95834
​
Becoming a
​Legal Document Assistants
(California BPC §6400)​

A Practical Perspective

An open conversation with tips and helpful
​resources for launching your legal service business. 

Becoming a Certified/Registered Court Interpreter

1/28/2020

Comments

 
Starting January 1, 2020, Judicial Council of California the California Court Interpreter Credential Review Procedures will take effect creating a complaint guidelines for alleging professional misconduct or malfeasance against California certified or registered interpreter.

As of January 1, 2019, Small Claims Court interpreters are no longer exempt from the requirement that they be court certified in the language they interpret. See GOV §68560.5. Interpreters whose compliance status set to expire on December 31, 2019 will be removed from the Judicial Council Master List

The California Courts have developed a Court Interpreters Program become a certified court or registered
California interpreter. Court interpreters play a key role in insure access to justice at trial courts by interpreting for defendants, litigants and witnesses.

Source: https://www.courts.ca.gov/7996.htm; https://www.courts.ca.gov/programs-interpreters.htm; https://www.courts.ca.gov/documents/CIP_CRProcedures.pdf
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Pricing: How Much to Charge for Document Preparation Services?

1/27/2020

Comments

 
Well... there are a few ways to look at it. You can set your prices based on:
  • Cost of doing business = First, figure out how much money you need to charge per in order to make the numbers work, i.e. cover overhead and pay yourself for time spent away from your family. How much money to do you need to make each month to cover your bills?
  • What people are willing to pay (Let the market set your prices) = Set your prices based on what the market will bear. What are people willing to pay? How much can they afford to pay? How much is your work worth to them? If they didn't pay you, would they have to take a day off work to get it done? Are they willing to pay you to keep from dealing with the stress? 
  • Match/Undercut Competitor pricing = check out your competitors; what’s the going rate in your area? How low are you willing to go? If you undercut your competitors will you undercut yourself? Can you do things more efficiently than your competitors?  

Personally, I do a little of everything. We have lengthy discussions about pricing in chapter meetings. Most LDAs find a niche specialize in it and stick to that one area of practice. Everyone is different. Each LDA prepares an motion differently. Is there a page limit on the declaration? Do you including filing? Is service by mail included, etc. ? 

Pricing is not set in stone. You can alway raise their prices annually. The average fee is $300 for a Request for Order (Motion) and goes up depending on case complexity.  

You can always run a promotion to test the market too.
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AB5 Impact on Paralegal Services

1/24/2020

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The implications of AB 5 are far reaching beyond the intended gig business targets. We’ll see what the new year brings for independent contractors in the legal services industry. California Assembly Bill 5 (2019) took effect January 1, 2020. The bill was introduced by California assemblywoman Lorena Gonzalez then was signed by Governor Gavin Newsom on September 18, 2019. 

Many California Freelance Paralegals have already felt AB5's impacts. While Lawyers are exempt from Labor Code §2750.3, Paralegals are not. What does this mean? In scenarios where the ABC Test (which is based on Dynamex) would be used to determine whether a Paralegal is an independent contractor or employee instead Borello would be considered which is far more complex.

Both the Borello test and the ABC test assume that the worker is an employee and the hiring entity must prove that the worker is an independent contractor. 
Under Borello, no single factor determines whether a worker is an employee or an independent contractor. So to say doing business as a sole proprietor would be enough to rebut the presumption based on a B2B exemption is not solid enough for me. More importantly, would it be enough for the lawyer you’re hope to contract with.
An inescapable factor considered under Borello is the degree of control and direction required in the Lawyer-Paralegal relationship. BPC §6450 et seq. clearly spelled out, Paralegals perform all services under the direction and supervision of an attorney.
Another factor is whether the work is a regular or integral part of the employer’s [lawyer’s] business, which obviously it is.
Remember, the point of AB5 is to impose an employer-employee relationship. Borello is a “multifactor” test which requires consideration of all potentially relevant facts in the determination whether an exemption exists. No single factor controls.  
It is my humble recommendation that LDAs support Freelance Paralegals.
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How much Forbes Says you Should be Making as a Paralegal

1/16/2020

Comments

 
According to Forbes, California Paralegals average salary in 2018 was $61,240. Apparently, California Paralegals earn $6,740 more per year than the national average annual wage of a paralegal at $54,500.

I would say this article  doesn't account for factors such as areas of law, size of the first along with other critical demographics. For example, a California Paralegal working in San Francisco for a firm practicing in technology transactions is going to very significantly from that of one in Woodland handling family law.
​
Read more and decided for yourself.
​Source:  ​https://www.forbes.com/sites/andrewdepietro/2020/01/16/paralegal-salary-state/?fbclid=IwAR0lGuHnDOeAOTxOcgb23MQBLVWtgGOicllpv-jnNz4mACXVoCaZ6HqA8XI#3236d0d8e874
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California Independent Paralegals (Limited Legal Services)

1/8/2020

Comments

 
The State Bar of California Task Force on Access Through Innovation of Legal Services (ATILS) January 8, 2020 - Recommendations Issued for Public Comment Concerning Exceptions to the Unauthorized Practice of Law, including Consideration of Concepts for Regulation.

​These are just first round if recommendations. The proposed guidelines have may revisions to come and hurdles to jump the fist of which will be published March of 2020. The ATILS Task Force is open to public comment. 

The fact that the new Independent Paralegal category will eliminate LDAs either in direct competition or via osmosis is inevitable. I rather it be the latter. It is my humble opinion that Legal Document Assistants lobby for a grandfather clause for inclusion if and when this new category takes effect.
THE RECOMMENDATIONS:
"In an effort to streamline and stay in alignment with current regulatory frameworks, the task force does not recommend developing a brand new certification program or licensing model but rather to take advantage of an existing educational program; specifically the paralegal...

This recommendation seeks to create an additional category of paralegal called an “Independent Paralegal” who would be authorized to provide [limited] legal services in a specific area or areas of practice in which they are registered without attorney supervision pending compliance with specific educational, experience, ethical and certification requirements.”

ATILS Task Force proposed guidelines are as follows:

An IP would be a paralegal who:
  • may work with clients and create client attorney relationships without direct attorney supervision
  • declares a specific area of legal expertise and supports that declaration through at least 3 years of attorney supervised experience working in that area. The areas of expertise open to IP practice may be informed by the Justice Gap study but should not be exclusively limited by that study.
  • may provide legal advice to clients in the declared specific area of expertise
  • may represent a client in court (?)
An IP would also be required to:
  • Pass a background check
  • Post a bond
  • Maintain an increased load of MCLE credits specific to the declared area of expertise - (12) mcle units every two years - Four ethics units, and eight law related/legal units specific to their declared specialty.
  • Maintain the same level of client confidentiality as an attorney
An IP must also maintain compliance with existing paralegal ethics guidelines.

​Source: 01/08/2020 B.1. Recommendations Issued for Public Comment Concerning Exceptions to the Unauthorized Practice of Law, including Consideration of Concepts for Regulation http://board.calbar.ca.gov/docs/agendaItem/Public/agendaitem1000025310.pdf
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    The LDA Blog

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NON-ATTORNEY DISCLOSURE: Prepared Legal Corp. (PLC) is not a law firm. Angela Grijalva is not a lawyer and cannot give legal advice. Neither LDP nor Angela Grijalva can represent you in court. LDP can provide document preparation services at the client's direction. Services provided by LDP are not substitute for the advise of a lawyer. If you have questions regarding the section of appropriate forms, you should seek the advice of a lawyer. ​
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LEGAL DOCUMENT PREPARERS

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​DIVULGACIÓN DE NO ABOGADOS: Prepared Legal Corp. (PLC) no es un bufete de abogados. Angela Grijalva no es abogada y no puede dar consejos legales. Ni LDP ni Angela Grijalva pueden representarlo en la corte. LDP puede proporcionar servicios de preparación de documentos a nombre del cliente. Los servicios provistos por LDP no sustituyen el asesoramiento de un abogado. Si tiene preguntas con respecto a la sección de formularios apropiados, debe consultar un abogado .
Disclaimer: The information presented is intended to convey general information only and not to provide legal advice or opinions. Communication of information should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. It is not intended to serve as legal advice. You should not rely upon any information discussed or presented here without first seeking legal advice from an attorney licensed to practice law in your jurisdiction.
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Copyright 2016 Legal Document Preparers. All rights reserved.
  • Home
  • About Us
    • Hours & Location
    • Testimonials
    • Blog
  • Legal Services
    • Legal Document Preparation
      • Questionnaires
        • Divorce Questionnaire
        • Request for Order Questionnaire
        • Property Transfer
        • Finalize Divorce Questionnaire
    • Court Filing & Retrieval
    • Immigration Services
    • Notary Public
    • Translations
    • Process Servicing
  • Servicios Legales
  • Legal Resources
  • Becoming an LDA
  • Meet the Owner
    • Angela Grijalva, Legal Document Assistant
    • Curriculum Vitae
  • Appointments & Fees
    • Online Appointment Scheduler
  • Estar Preparado | Comenzar Aqui
  • Get Prepared | Start Here
  • Case Portal
  • Contact Us