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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:
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:
 Working with a Legal Document Assistant (LDA) is a collaborative process. Services are designed for individuals who are representing themselves (In Pro Per), who know what they want and just need the paperwork prepared. LDAs are Bonded & Registered non-attorneys professionals dedicated to serving the public who are seeking self-help support.
What services are included? Prepared Legal Corp. is a full-service document preparation boutique. Flat fee service includes preparation, copies, assembly, serving the other party by mail, and court filing. Regular updates are provided via email as your case progresses. Professional and efficient legal document preparation and processing assistance at your specific direction. Will I need an attorney? Simple cases where parties are in agreement and working cooperatively do not typically need an attorney. Whenever possible, it's best to consult an attorney before taking any legal action. An attorney may become necessary if a dispute arises. Are you well organized, detail oriented, self directed? Do you enjoys working with the public? Then becoming an LDA might be right for you. Do you offer Paralegal services directly to the public? Do you fill out documents for compensation? If you offer or are contemplating providing document preparation services directly to the public for compensation without the supervision of an attorney, you may be required to register as a Legal Document Assistant, according to California Business & Professions Code § 6400, et seq. Bus & Professions Code § 6400(c)(1) 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 himself or herself in a legal matter, or who holds himself or herself 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." Making that decision to walk down this career pathway requires more than just adherence to BPC § 6400, et seq., it requires a commitment and a belief in oneself to take on challenges of not only the legal industry, but also working with California courts that are severely underfunded. Chronic underfunding of the courts unfairly affects members of the public seeking their day in court. Trial courts receive a little more than a penny for every general fund tax dollar, and in the past the judicial branch has had funds swept to support the state budget during times of crisis. Now the courts have an ongoing funding crisis, new laws are added annually, there are more complex cases, but there is no stable funding solution for the judicial branch and the people we all serve. - Chief Justice Tani G. Cantil-Sakauye  Before the judicial branch implemented the Workload-based Allocation and Funding Methodology (2013-14, left) some trial courts were underfunded by as much as 60%. By 2017-18 (right), the new formula had helped equalize funding gaps. SOURCE: The Trial Court Funding Formula, Explained by Merrill Balassone In the past year, 55 percent of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly 70 percent of them received no legal assistance. Fewer than 1 in 3 Californians sought legal assistance to address their problems. - California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians.  SOURCE: California Justice Gap Study Executive Report The Legal Document Assistant (LDA) profession was bore from community based legal advocacy. In fact, the LDA profession is an innovation in the legal services industry which enhances the delivery of, and access to, legal services. In some communities throughout California LDAs are the only legal resource. Becoming an LDA is privilege which should not be taken lightly. We serve members of the public who aren't able to hire a lawyer, while alleviating the demand on limited court resources. Legal Document Assistants are an affordable non-attorney professional alternative for members of the public facing a legal problems, but can't afford to hire an attorney.  SOURCE: California Justice Gap Study Executive Report 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.
The Legal Document Assistant profession, while challenging, can be very rewarding. LDAs close the legal resource gap that often exists in our judicial system. Even if we can't provide legal advice, at minimum we help pro se litigants identify that they have a legal issue. We provide affordable legal services bridging accessibility. Are you ready to become part of the legal justice solution?
The California State Bar Paraprofessional Program Working Group (CPPWG): Why It's Important for LDAs6/24/2021 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. 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.  http://www.saclegalprep.com/covid19.html Amid COVID-19 the U.S. Small Business Administration is offering low-interest federal disaster loans for working capital to small businesses. Interest rate on the disaster loans is 3.75% for small businesses and 2.75% for private nonprofit organizations. SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30 years. Applicants may apply online, receive additional disaster assistance information and download applications at https://disasterloan.sba.gov/ela/ For more information on SBA disaster assistance:
 In response to the COVID-19 outbreak we be providing virtual assistance for the safety of our clients and staff. We will remain open during regular business hours and reachable by phone, text, and email. We will continue to provide essential legal services necessary to assist in compliance with legally mandated activities and limited emergency matters. This includes: • Domestic Violence and Elder Abuse Restraining Order • Family Emergency Temporary Restraining Order • Emergency Family Law Ex Partes We'll continue to provide virtual assistance; however, filings will be delayed as a result of the Temporary Court Closures. At the direction of government officials in Sacramento County, our building will comply by operating under reduced hours temporarily beginning this afternoon through at least May 31, 2020. A precise end date has not yet been determined by local government officials. Stay safe and healthy!  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 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. 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 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:
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 Loving this article! Finally, demand driving creation of non-lawyer legal services! It's time to breaking up lawyer's monopoly on the legal services market.
Clients are demanding [lawyers need to be creative] as other professionals. Use paralegals, legal technicians, and document preparers plus automation to help reduce the costs and create affordable fees. - MARY E. JUETTEN Read more: https://abovethelaw.com/2019/01/are-some-law-offices-just-like-the-mall El Dorado Superior Court: Electronic Fax Filing - Administrative Order Re: Local Rule 4.00.091/1/2019 Effective 09/27/2018, Rule 3 4.00.09 Filing through Fax Filing Agency, of the Local Rules for the Superior Court, County of El Dorado, is hereby amended as set forth below: 4.00.09 FILING THROUGH FAX FILING AGENCY The Superior Court of California, County of El Dorado, accepts [electronic] fax filing in civil, probate, and family law departments by facsimile transmission pursuant to California Rules of Court, rules 2.300 through 2.306. Documents received by 4:00 p.m. shall be filed with that day’s date. All documents received after 4:00 p.m. are deemed to have occurred on the next business day. The Superior Court of California, County of El Dorado, does not accept direct facsimile filing of documents except as authorized in rule 4.00.08. Refer to the court’s website for online electronic fax filing instructions at www.eldoradocourt.org. (Revised January 1, 2019)
 http://www.eldoradocourt.org/documents/pdf/FaxFilingOnline.pdf "[Limited License Legal Technicians] (LLTs) are an important piece of [closing the access to justice gap] and it’s the think[ing] around them, that we have been innovative enough to create a tier that never existed before in the history of law in this country. And there’s probably more jobs, descriptions, opportunities for us to create professionals, preferably regulated, as part of our large profession.
States with Non-Attorney Professionals: California Legal Document Assistants Unlawful Detainer Assistants Bankruptcy Petition Preparer Immigration Consultants Florida Legal Document Preparers Arizona Certified Legal Document Preparer More info can be found on the NFPA website, where the association provides a comprehensive list of Paralegal and Non-Lawyer Regulation by State: https://www.paralegals.org/files/2017-08-24%20Regulation%20by%20State%20FINAL.pd Are you well organized, detail oriented, self-directed? Do you enjoys working with the public? Eh... me neither but that didn't stop me from becoming an LDA and I love it! If you enjoy preparing documents and you're good at it, this might be right for you. Being comfortable with the unknown and having the skill to research it really helps. There are many challenges that come with running a business. Being a trained legal researcher, as many of us Paralegals are, helps.
On a more serious note, are offering "Paralegal Services" directly to the public? Do you fill out documents for compensation? If you offer or are contemplating providing document preparation services directly to the public for compensation without the supervision of an attorney, you may be required to register as a Legal Document Assistant, according to California Business & Professions Code § 6400, et seq. HERE IS WHAT THE LAW SAYS: Bus & Professions Code § 6400(c)(1) 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 himself or herself in a legal matter, or who holds himself or herself 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." Making that decision to walk down this career pathway requires more than just adherence to BPC section 6400, et seq., it requires a commitment and a belief in oneself to take on challenges of not only the legal industry, but also working with California courts that are severely underfunded. This challenge, however can be very rewarding. Legal Document Assistants close the legal resource gap that often exists in our judicial system. The Legal Document Assistant profession was bore from community based legal advocacy. In fact, the LDA profession is an innovation in the legal services industry which enhances the delivery of, and access to, legal services. In some communities throughout California LDAs are the only legal resource. Becoming an LDA is privilege which should not be taken lightly. We serve members of the public who aren't able to hire a lawyer, while alleviating the demand on limited court resources. Legal Document Assistants are an affordable non-attorney professional alternative for members of the public facing a legal problems, but can't afford to hire an attorney. Legal Document Assistants (LDAs) are required to include their registration information on any solicitation or advertisement, and on any printed papers or documents prepared or used by the LDA. This includes contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. THE LDA STAMP SHOULD INCLUDE:
Effective January 1, 2016, The LDA registration expiration date is only required on on the written contract, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the LDA in electronic form. The idea behind limiting the LDA registration expiration date to electronic forms, aside from reducing the cost of printing, it also eliminates waste. Every two years LDAs had to print new business cards or other pre-printed materials and had to purchase a new LDA Stamp. Removing the registration expiration requirement from printed materials is better business not only for the LDA, but also the environment. HERE IS WHAT THE LAW SAYS: Bus & Professions Code §6408 The registrant’s name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed 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, and pleadings. The registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form. |
Author: Angela GrijalvaJust another entrepreneur "Tryin' to make a dollar out of fifteen cent," and making a difference. Categories
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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 PLC nor Angela Grijalva can represent you in court. PLC can provide document preparation services at the client's direction. Services provided by PLC 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. |
PREPARED LEGAL CORPORATION
LEGAL DOCUMENT PREPARERS Ph: (916) 750-0073 Fx: (833) 750-PREP 180 Promenade Circle, Suite 300 Sacramento, CA 95834 _______________________________ Sacramento County LDA Reg. 2020-03 Exp. 08/04/2024 _______________________________ A Minority Woman-Owned Business |
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 PLC ni Angela Grijalva pueden representarlo en la corte. PLC puede proporcionar servicios de preparación de documentos a nombre del cliente. Los servicios provistos por PLC no sustituyen el asesoramiento de un abogado. Si tiene preguntas con respecto a la sección de formularios apropiados, debe consultar un abogado . |
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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.
Copyright 2020 Prepared Legal Corporation. Copyright 2016 Legal Document Preparers. All rights reserved.
Copyright 2020 Prepared Legal Corporation. Copyright 2016 Legal Document Preparers. All rights reserved.