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​Legal Document Preparers
Main: (916) 750-0073
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​Email: angela@saclegalprep.com
​Address: PO Box 340066, 
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​
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. 

AB5 Impact on Paralegal Services

1/24/2020

Comments

 
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.
Comments

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
Comments

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
Comments

Limited License Legal Technicians (LLTs)

8/24/2017

Comments

 
"[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
Comments
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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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​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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  • Home
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        • Finalize Divorce Questionnaire
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