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Pursuant to FC 2338.5 Respondent's signature must be notarized on the Marital Settlement Agreement. This included cases where both parties are represented by counsel…

2338.5. Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties:

(a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized.

Previously, Default Stipulated Judgments (submitted with an MSA) in Sacramento County were accepted by the court where neither Petitioner's or Respondent's signatures were notarized, if said party was represented by counsel pursuant to Sacramento County Local Rule 5.12.

12/23/2021 Notice from the Court:

It is not the policy of the Court to require notarized signatures for agreements for attorney represented litigants.  The following is our local rule.  Please have the attorney resubmit their judgment with the rejection notification, and this issue will be addressed with the Court. 

5.12 Signature of Self-Represented Party on Agreement or Stipulation - Notary Required. The signature of a defaulted self-represented party to an Agreement or Stipulation shall be subscribed by a duly authorized Notary Public. (Adopted 1/1/2013; revised 1/1/2016)

Going forward signatures on marital settlement agreements or stipulations must be notarized.

Assembly Bill 1916 was introduced by Assembly Member Chen on 02/09/2020 will extend the LDA "Sunset Clause" to January 1, 2029.

Existing law repeals "sunsets" the Legal Document Assistant or Unlawful Detainer Assistant BPC 6400 on January 1, 2024.

This bill would extend the operation of BPC 6400 securing the Legal Document Assistant or Unlawful Detainer Assistant professions through January 1, 2029

Read the bill

Senate Bill 670 was controversial legislation that would have eliminated the Immigration Consultant profession [#nonattorneys] in #California.

The bill would have not only wiped out hundreds of small minority owned businesses but divesting in immigrant communities who are most often essential workers relying on IC for affordable immigration document preparation services.

All as the economy starts to recover after the Pandemic and the ever-evolving myriad of variants. Like the COVID variants, SB 670 is one of Senator Anna Caballero's many bills attempting to do away with the Immigration Consultant profession. 

Immigration Consultants are small family-owned businesses from the communities they serve. They do not have endless resources or state funding like opposition sponsors CHIRLA or CRLAF. The defeat of SB 670 is a win for non-attorneys everywhere.

Is the State Bar the right agency to regulate Paraprofessionals in light of mishandling of the Tom Girardi scandal?

The bar is an association for attorneys by attorneys. What interest does the bar have in the advancement of non-attorney legal providers? The Department of Consumer Affairs would be better tasked with development, regulation and oversight. 

"While low-income people charged with crimes are entitled to representation by a public defender, there is no similar right in civil cases. Lawyers take on some civil cases on a contingency basis, requiring no upfront payment. Still, some 70% of Californians who faced a civil problem in 2019 did not have legal assistance, according to research by the State Bar of California, which licenses and regulates lawyers. Health, finance, employment and housing were the most common legal problems they faced.

The bar’s mishandling of Tom Girardi — the high-profile lawyer who gained fame appearing on “The Real Housewives of Beverly Hills” and has been accused of bilking clients for decades without facing public discipline — raised questions about the bar’s credibility as a regulator. A Times investigation last year revealed that Girardi wined and dined bar officials as he faced complaints of skimming clients’ money and other unethical behavior. The bar is now investigating whether its own employees helped Girardi evade punishment.

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Last minute amendments could shut down the Immigration Consultant profession driving consumers to unregulated "Notarios" who are the real threat to vulnerable immigrant communities. 

In addition to the change in professional title from Immigration Consultant to Immigration Form Preparer, the amendments include hour fee caps of $30 per hour.

Immigration Consultant business are predominately small minority owned business who serve as pillars in the immigrant communities they have successfully served for over 20 years providing low-cost document preparation services they cannot obtain anywhere else.

Contact Bill Anderson with the National Notary Association to join the fight against the attach on non-attorney legal service providers.

Bill Anderson

Vice President, Government Affairs

National Notary Association

Ph: (818) 739- 4064

banderson@nationalnotary.org

"[T]he wealthy and large businesses can afford legal help, and legal aid can only help some of the poorest Californians – typically families making less than $44,000 annually. This leaves the urgent needs of the large middle mostly unmet."

Read Article

The California State Bar received 1,318 public comments in response to the proposed Paraprofessional license according to Fed Regs Advisor.

The majority of comments did not take a position on the proposal. Roughly 325 supported the non-attorney licensee with some modifications.

Read Article

In California there multiple non-attorney professional service providers. The scope of service each professional designation offers varies as does their respective registration requirements. 

It's easy for consumers to confuse which professional can provide what services.

California Notary Public

For this reason California Notary Public are prohibited from adverting themselves a Immigration Consultants even with registered or translating their professional title in Spanish to "notario publico" or "notario".  

California Notary Publics are required to include the following in all advertisements: 

1. This statement: "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters."
2. The fees set by statute which a notary public may charge.

Government Code § 8219.5

Immigration Consultant 

Similarly an Immigration Consultant is prohibited from adverting themselves as Notary Public, Notary event when commissioned as a California Notary Public. This profession is also prohibited from using the words “licensed,” “attorney,” “lawyer,” “notario publico” or “notario.” Any implication that the Immigration Consultant is an attorney is also prohibited.

Immigration Consultants are required to include the following in all advertisements:

1. A statement that the immigration consultant is not an attorney.

Business and Profession Code §22442.2

Notario Público

In Latin countries, like the California's neighbor Mexico, Notario Públicos are lawyers licensed. According to Mexlaw, Notarios are "selected and appointed by the Mexican state after practicing law, completing a rigorous application process, passing a stringent exam and also meeting all qualifications set by the government." 

LEGAL DOCUMENT ASSISTANT CONTRACT STATUTORY CONTRACT (01-03-22).docx

Pursuant to 6410  
(a) Every legal document assistant or unlawful detainer assistant who enters into a contract or agreement with a client to provide services shall, prior to providing any services, provide the client with a written contract, the contents of which shall be prescribed by regulations adopted by the Department of Consumer Affairs.

(b) The written contract shall include all of the following provisions:

(1) The services to be performed.

(2) The costs of the services to be performed.

(3) The contact information of the county clerk’s office for the county in which the legal document assistant or unlawful detainer assistant is registered, including the address, phone number, and, if available, internet website.

(4) There shall be printed on the face of the contract in 12-point boldface type a statement that the legal document assistant or unlawful detainer assistant is not an attorney and may not perform the legal services that an attorney performs.

(5) The contract shall contain a statement in 12-point boldface type that the county clerk has not evaluated or approved the registrant’s knowledge or experience, or the quality of the registrant’s services.

(6) The contract shall contain a statement in 12-point boldface type that the consumer may obtain information regarding free or low-cost representation through a local bar association or legal aid foundation and that the consumer may contact local law enforcement, a district attorney, or a legal aid foundation if the consumer believes that they have been a victim of fraud, the unauthorized practice of law, or any other injury.

(7) The contract shall contain a statement in 12-point boldface type that a legal document assistant or unlawful detainer assistant is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies.

(c) The contract shall be written both in English and in any other language comprehended by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The legal document assistant or the unlawful detainer assistant is responsible for translating the contract into the language principally used in any oral sales presentation or negotiation leading to the execution of the contract.

(d) A written contract entered into on or after January 1, 2016, shall contain a statement that, pursuant to Section 6409.1, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and their client shall be the county in which the client has their primary residence.

(e) Failure of a legal document assistant or unlawful detainer assistant to comply with subdivisions (a), (b), (c), and (d) shall make the contract or agreement for services voidable at the option of the client. Upon the voiding of the contract, the legal document assistant or unlawful detainer assistant shall immediately return in full any fees paid by the client.

(f) In addition to any other right to rescind, the client shall have the right to rescind the contract within 24 hours of the signing of the contract. The client may cancel the contract by giving the legal document assistant or the unlawful detainer assistant any written statement to the effect that the contract is canceled. If the client gives notice of cancellation by mail addressed to the legal document assistant or unlawful detainer assistant, with first-class postage prepaid, cancellation is effective upon the date indicated on the postmark. Upon the voiding or rescinding of the contract or agreement for services, the legal document assistant or unlawful detainer assistant shall immediately return to the client any fees paid by the client, except fees for services that were actually, necessarily, and reasonably performed on the client’s behalf by the legal document assistant or unlawful detainer assistant with the client’s knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.

(Amended by Stats. 2019, Ch. 128, Sec. 11. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2024, pursuant to Section 6401.7.)

1. New article 3 (section 3950) and section filed 8-12-99; operative 8-16-99 pursuant to Government Code section 11343.4(d)(Register 99, No. 33).
2. Change without regulatory effect amending subsection (b) filed 10-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
3. Change without regulatory effect amending subsection (b) and Note filed 1-3-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 1).

Judicial Council Forms Update Approved 10/01/2021

https://www.courts.ca.gov/documents/PublisherList20220101-2.pdf