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Can a Lawyer, who is a licensed lawyer in good standing in State A, but who is not licensed in California, continue to practice in accordance with Lawyer’s State A law license from Lawyer’s home in California without violating CRPC Rule 5.5 or B&P Code §§6125-6126?

Yes, so long as certain precautions are followed. Merely physically present in California while using modern technology to remotely practice law in compliance with the rules of the jurisdiction where the lawyer is licensed, should not be held in violation of California’s Unauthorized Practice of Law (“UPL”) rule and laws.

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After making the oral statements and before entering into a contract or agreement for services or accepts any compensation, the legal document assistant or unlawful detainer assistant shall provide the prospective client with a “Notice to Consumer” set forth below.

After allowing the prospective client time to read the notice, the legal document assistant or unlawful detainer assistant shall ask the prospective client to sign and date the notice.

If the first contact is not in person, the legal document assistant or unlawful detainer assistant shall provide the notice to the prospective client at the first in-person meeting or mail the notice to the prospective client before entering into a contract or agreement for services or accepting any compensation.

The notice shall be set forth in black, bold, 12-point type on a separate, white, 81/2 by 11 inch sheet of paper that contains no other print or graphics, and shall be in the form set forth below. The notice shall contain only the appropriate name or other designation from those indicated in brackets below.

At the time a prospective client signs the notice and before that prospective client is offered any contract or agreement for signature, the legal document assistant or unlawful detainer assistant shall give the prospective client a clearly legible copy of the signed notice.

A legal document assistant or unlawful detainer assistant shall not ask or require a prospective client or a client to sign any other form of acknowledgment regarding this notice. 

Kern County Superior Court Local Rule requiring non-attorneys to prepare and submit a signed declaration authorizing the non-attorney to obtain information and file on the case.

Rule 6.1 Pleading Filed by Self-Represented Litigants - Pleading Prepared by Third Parties (Effective 7/1/03; rev. 1/1/17; rev. 1/1/20)

Parties who retain the services of non – attorney third parties (e.g.: typing services or paralegals) to prepare their pleadings must submit a declaration to the court with the following information: (Effective 7/1/03; rev. 1/1/20)

(a) Name, including Doing Business As (DBA) and Legal Document Assistant (LDA) number, address, and telephone number of person preparing the pleadings;

(b) Amount of compensation paid to third party for the preparation of the pleadings; and

(c) Authorization pursuant to Family Code § 7643, if access to Confidential Uniform Parentage Act action is requested.

6.1 Declaration Sample.pdf