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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.

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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

Closing the Justice Gap Working Group committee’s chair and bar leadership decided to cancel upcoming meetings “to allow time for further conversations and determine the best next steps.”

Apparently, lawmakers, last week questioned whether the agency has strayed from its core public protection mission.

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New and existing Legal Document Assistant (LDA) business owners ask which entity their business can or should be. 

According to the California Secretary of State Articles of Organization Form instructions service-based businesses cannot operate via LLC unless there is an affirmative clause in the California Business Professions Code authorizing the subject profession with the ability to do so.

No such clause exists under the LDA Business Professions Code (see BPC § 6400 et seq.) Because the BPC does not contain authorizing clause for the LDA profession to operate via LLC therefore, LDAs are limited to incorporation, partnerships or sole proprietorship.

In fact, professional service providers such as Independent Paralegals, LDAs cannot form an LLC either. According to CA CORP §17701.04.:

(e) Nothing in this title shall be construed to permit a domestic or foreign limited liability company to render professional services, as defined in subdivision (a) of Section 13401 and in Section 13401.3, in this state.

13401. As used in this part: (a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act.

13401.3. As used in this part, “professional services” also means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Yacht and Ship Brokers Act (Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the Harbors and Navigation Code).

That said, many Paralegal Service Providers and Legal Document Assistants have structure their businesses as LLCs. Whether the LLC limited liability protections will be tested later when invocation become necessary is unknown. Would a court pierce the LLC veil you asked? We recommend that you seek legal counsel.

When in comes down to owning and operating a business it's ultimately a business decision we all must make individually. Every business decision has it's risks and rewards. The act of staring your own business is a risk within itself.  So... How much risk are you willing to take on? Then proceed accordingly. 

Effective November 30, 2021, Collection Agencies can now text, email and direct message debtors via social media for unpaid debts.  

The Consumer Financial Protection Bureau (CFPB) will proceed with the two final rules issued under the Fair Debt Collection Practices Act (FDCPA):

1. The first rule, issued in October 2020, focuses on debt collection communications and clarifies the FDCPA’s prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt. 
2. The second rule, issued in December 2020, clarifies disclosures debt collectors must provide to consumers at the beginning of collection communications. The second rule also prohibits debt collectors from suing or threatening to sue consumers on time-barred debt. Additionally, the second rule requires debt collectors to take specific steps to disclose the existence of a debt to consumers before reporting information about the debt to a consumer reporting agency.

According to NPR,  the new rules were devised during the Trump administration, when the bureau became more business-friendly than it had been in the past. Kraninger resigned in January at the request of President Biden, who nominated Rohit Chopra to be the agency's new director.

The new rules also set a limit for the first time on how often debt collectors can call you. Agencies will be restricted to seven calls per week per account in collection.

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Before accepting compensation to provide services every legal document assistant or unlawful detainer assistant must provide the following oral statement:

[Name of unlawful detainer assistant or legal document assistant] is not an attorney.

[Name of corporation or partnership, if any, that is offering legal document assistant services or unlawful detainer assistant services] is not a law firm.

[They/name of the business] cannot represent you in court.

[They/name of the business] cannot advise you about your legal rights or the law.

[They/name of the business] cannot select legal forms for you.

[They/name of the business] is registered in [county name] and the registration number is [registration number].

[They/name of the business]’s registration is valid until [date of expiration of registration], after which it must be renewed.

To confirm that [they/name of business] is registered, you may contact the [county name] clerk’s office at [office address], [or] [office phone number], [or] [if available, office internet website].

Then provide the prospective client with a “Notice to Consumer” to sign and date the notice.

Prior to providing any services every legal document assistant or unlawful detainer assistant shall provide the client with a written contract, the contents of which shall be prescribed by regulations adopted by the Department of Consumer Affairs.

Business and Professions Code 6410.5(b) requires that the statutorily prescribed "Notice to Consumer" be presented to the client "after the [LDA or UDA] makes the oral statements required pursuant to subdivision (a), and before the [LDA or UDA] enters into a contract or agreement for services or accepts any compensation."

Effective January 15th, 2022, all Essential Forms users will be required to create a free account on ceb.com in order to continue receiving updates.

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Effective February 22, 2022, the Sacramento Family Court is transitioning from a commercial to a government zoom account.

As a result, all orders issued for Family Law cases with scheduled events set February 22, 2022, or later will include the new Zoom links, telephone line number, and meeting ID.

Attached is a list of the departments and their new Zoom links.

Over the next week or so, all Family Law orders issued for proceedings scheduled February 22, 2022, or later will be amended to include the new Zoom information.

https://www.saccourt.ca.gov/family/docs/fl-zoom-links.pdf