How to Become a California Legal Document Preparer
As of January 1, 2000, nonlawyers have been authorized in California to prepare legal documents if properly registered as a legal document assistant (LDA). Paralegals acting under supervision need not register, but those working independently must. An LDA must have a minimum level of education and post a surety bond against errors or omissions they might make in the course of their work. Sections 6400 to 6415 of the California Business And Professions Code contains the laws controlling LDAs.
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Instructions
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Prove your education. A California LDA must have either a high school diploma or its equivalent, a baccalaureate degree with one year of law-related experience, a certificate of completion from a paralegal program requiring 24 semester units, or a certificate of completion from a paralegal program approved by the American Bar Association.
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Post a bond. The bond requirement for a California LDA is $25,000. This requirement is intended as a consumer protection that gives a wronged consumer a means to collect for damages resulting from the fault of the LDA. These bonds can be obtained through most insurance companies at a small fraction of their potential payout value.
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Register with counties. An LDA must notify the county clerk of each county in which they do business as an LDA of their operations. The requirements vary by county, but generally a photo ID, proof of education and bond and a recording fee are required. Details for each county can be obtained by phoning or through the county clerk's website.
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Tips & Warnings
A legal document assistant cannot practice law. Typically this means they cannot advise a customer as to which documents they need or the effectiveness of any particular document. They are only able to help completing or drafting documents. Many LDAs are also paralegals or notaries.
Section 6408 of the Business And Professions Code requires the name, business address, telephone number, registration number, expiration date of the registration, and county of registration must be included on any advertisement for an LDA and on any papers or documents prepared.
