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.  

All Legal Document Assistant-Client communications should contain the following:
CA BPC 6408

• Registrants Name
• Fictitious Business Name (DBA), if applicable
• Business Address
• Telephone Number
• County of Registration
• Expiration Date, if electronic correspondence such as emails

​
​CA PBC 6408.5
I am not a lawyer. I cannot give legal advice. [YOUR BUSINESS NAME] is not a law firm. I can only provide self-help services at your specific direction.

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!

Innovate the document digitizing and organization process using Clio with a click of the ScanSnap button. With the ScanSnap-Clio Launcher integration you can scan documents directly into Clio Matters.

The ScanSnap-Clio Launcher integration cuts down time by eliminating steps in the digitizing and document organization process. Instead of having to go through the eight-step process of scanning the document: scanning, coding, searching for the matter, open the matter, selecting documents tab, uploading the document, then categorize it, now it can be done in three easy steps. After adding Clio Launcher to the ScanSnap Application, just scan the document, select the matter and code it directly into the Clio Matter. ¡Voilà! The document is digitized and organized.

To add Clio Launcher to ScanSnap Manager Application follow steps laid out in the following article:
https://support.clio.com/hc/en-us/articles/360037982634

Take a bight out of the big Apple and register your business for Apple Business Chat. Give clients with using Apple products an integrative experience. Clients can easily schedule appointments, and complete purchases with Apple Pay, when and where it’s convenient right from within iMessages.

The best part is it seemly integrates with RingCentral. Try it out for yourself.

register.apple.com/business-chat
​

Great news! Legal Document Preparers is glad to offer Clio Connect to clients.
Clio Connect allows our clients access to their files in a secure virtual portal where our they can actively participate and monitor their cases. With Clio Connect clients can:

• View documents and your court filings
• Collaborate and comment on drafts of your documents
• Upload documents
• View and complete tasks your attorney has assigned to you
• View upcoming court dates and meetings
• Access and securely pay your invoices
• Send/Receive secure messages without email

​Clio Connect’s bank-grade security technology is a safe way for clients to stay actively involved with their matters, and it creates a more efficient attorney-client relationship.

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

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? Careful, that could be a quick race to the bottom.

Personally, I do a little of everything. We have lengthy discussions about pricing in chapter meetings. Most LDAs find a niche then specialize in it or stick to one area of practice. Everyone is different. Not all motions are created equally.

• Do you prepare the declaration or does the client?
• Is there a page limit on the declaration you're willing to prepare?
• Do you charge based on issues. For example, motions for support required an updated Income and Expense Declaration.
• Will you prepare that as well or charge a separate fee.
  
• Do you including filing fees?
  
• Is service or court filing included, etc.?

These are all factors that must be taken into consideration. Each required additional time and efforts. I prefer to not only prepare the documents, but also filing with the court and serve by mail. It saves more time to do it myself, then explaining how to follow the court's instructions.  

Pricing is not set in stone. You can always raise their prices annually. The average fee is $450 for a Request for Order (Motion) and goes up depending on case complexity. You can always run a promotion to test the market too. Test the market then adapt. 

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

Affording clients the option to apply for monthly payment plans is a great way to ensure affordability and access to legal services. Legal Document Preparers is launching Square Installments as a convenient feature for clients who need a little more time to pay and response timely to pending actions.

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

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)

• Administrative Order Re: Local Rule .00.09 
  • http://www.eldoradocourt.org/administration/pressdocs/20180927-faxfiling.pdf
• ​Electronic Fax Filing Instructions
  • http://www.eldoradocourt.org/documents/pdf/FaxFilingOnline.pdf
• Electronic Fax Filing Submission Page (eFile Submission)
  • https://www.ncourt.com/x-press/x-onlinepayments.aspx?juris=E024B4AC-ACC8-4FA0-846D-FC25DC6EF890&setuptype=upload
• Fee $1.00 per Page

Effective January 1, 2019, ​Legal Document Assistants (LDAs) and Unlawful Detainer Assistants (UDAs) are required to complete 15 hours of continuing legal education MCLE courses during the two-year period preceding renewal. Legal ethics education is no longer required as part of the the 15 hours MCLE requirement. Business Professions Code §6402 was amended by Stats. 2018, Ch. 776, Sec. 2. (AB 3250)
Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6402.2.&lawCode=BPC

While Bus & Professions Code § 6400, et seq. goes into great detail about the role and responsibilities of an LDA, what it does not tell you is the business aspect of becoming an LDA. Self-Employment is not for everyone.

In addition to the technical portion of the business, there is also a compliance proration such as federal, state, and local business licensing requirements that your business must comply with. Then there is the financial aspect.

Are you ready to prepare financial statements like a Profit & Loss or how about a Balance Sheet? Sure you can contract out the accounting portion, but hiring a professional accountant would increase start up costs and monthly overhead.

Don't forget marketing! Building a lead tunnel for which prospective client to follow so when they get to you they are ready to close the deal! Oh, by the way you'll need client management software, and document drafting software for pleadings which may require thousands of initial investment depending on your business needs.

What will the day to day operations in your business be like? What will clients experience when they interface with your business, i.e. client flow.

Have I scared you off yet? No, good!

Then becoming an LDA may be right for you after all. The best place to start is with building your business is with the support of the Small Business Administration. Having a business plan with 3/5/10 years goals is important. This is the framework your business will follow.

It's really comes down to the entrepreneurial mindset. Look, I know I can be difficult, but you can do it. To help keep me motivated and on track I surround myself with like minded professionals by network with fellow entrepreneurs and listening to podcasts such as Side Hustle Pro. ​

"[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

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:

• Legal Document Assistant (LDA) Name
• Business Name (if using a dba)
• Business Address
• Telephone Number
• ​County Registration Number
• County of Registration 

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.