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Legal Document Assistants (LDAs) information shall shall appear on any printed papers or documents prepared or used by the Legal Document Assistant. BPC §6408

• REGISTRANT’S NAME
• [FICTITIOUS BUSINESS NAME, if applicable]
• BUSINESS ADDRESS
• TELEPHONE NUMBER
• REGISTRATION NUMBER
• COUNTY OF REGISTRATION

Yes, California does allow signers to use remote online notary (RON) services. California Civil Code 1189(b) provides that any "certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the law of the place where the acknowledgment is made."

Can California Notary Publics provide RON services? Not yet. California's Remote Online Notaries Public bill (AB 1093) is pending. While California Notary Publics are still limited to providing in person notarizations, online remote notary services provided by an authorized notarial service outside of California are accepted in California. 

Unlawful Detainer Assistant Standard Contract.

(a) Every unlawful detainer assistant as defined in subdivision (a) of Section 6400 of the Business and Professions Code who enters into a contract or agreement with a client to provide services shall complete the standard form contract specified in subdivision (b). Upon execution of the contract by all parties, and prior to providing any service, the unlawful detainer assistant shall give a copy of the contract to all client parties. The contract shall be in English and in any other language understood by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The unlawful detainer assistant shall be responsible for translating the contract into any language other than English principally used in any oral sales presentation or negotiation leading to execution of the contract, and shall give all client parties copies of both the fully-executed English-language version of the contract and the foreign-language translation of it before any service has been provided.

(b) Unlawful Detainer Assistant Contract for Services.

UNLAWFUL DETAINER ASSISTANT CONTRACT FOR SERVICES.docx

An Unlawful Detainer Assistant (UDA) is an individual bonded and registered to render assistance or advice in the prosecution or defense of an unlawful detainer (eviction) claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action for compensation. (BPC 6400 (a))

While the UDA has more leeway in terms of services they can provide in eviction cases, UDAs do not have the same educational requirements of Legal Documents Assistants (LDAs). (BPC 6402.1)

The Business Profession Code pertaining to Legal Document Assistants (LDAs) is interspersed with those applying to UDAs. Some laws applying to both UDAs and LDAs while some only apply to one or the other, not both. (California Business Professions Code DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415])

The UDA contract requirements are listed in Title 16 of the California Code of Regulations, Section 3890. For a sample Unlawful Detainer Assistant Standard Contract click here.

(a) Every unlawful detainer assistant as defined in subdivision (a) of Section 6400 of the Business and Professions Code who enters into a contract or agreement with a client to provide services shall complete the standard form contract specified in subdivision (b). Upon execution of the contract by all parties, and prior to providing any service, the unlawful detainer assistant shall give a copy of the contract to all client parties. The contract shall be in English and in any other language understood by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The unlawful detainer assistant shall be responsible for translating the contract into any language other than English principally used in any oral sales presentation or negotiation leading to execution of the contract, and shall give all client parties copies of both the fully-executed English-language version of the contract and the foreign-language translation of it before any service has been provided.

(b) Unlawful Detainer Assistant Contract for Services.

For those who have custody cases in Placer County Family Court:

Effective July 1, 2022, Placer County is eliminating its Family Court Services connected Tier III Partial (limited assessment) Child Custody Evaluation Service.

Placer County will only offer Tier I (confidential, non-recommending mediation) and Tier II (non-confidential fact gathering without recommendations).

If Tier I and Tier II do not resolve the issues, the parties may go to private CCRC (or a child custody evaluation) or set the matter for trial.

Note: most Placer County trials are being set eight months to fourteen months out from the Trial Assignment Conference; and this lead time will likely increase with more custody trials that may be the inevitable byproduct of the change in services.

Custody Evaluations are conducted by private mental health professionals under contract with the Placer Superior Court as court-connected Child Custody Recommending Counselors and Evaluators. Family Court Services coordinates the assignments and referrals to the contracted court professionals.

TIERED MEDIATION MODEL

Placer Superior Court uses a two-tiered mediation model. Mediation is required, per Family Code Section 3170, whenever issues of child custody and visitation are in dispute. The goal of mediation is to help parties develop an agreement on a parenting plan in their children’s best interest.

A judge may order parents to either tier of mediation or to repeat a given tier.

Tier 1: Confidential Mediation
All parties are required to attempt mediation and may do so prior to seeing a judge. Tier 1 Mediation is confidential to the parties. Full or partial agreements are helpful in a quicker resolution of your case.

Tier 2: Mediation with Information Gathering
A Judge may order a Tier 2 Mediation with Information Gathering after Tier 1 Mediation, or at any other point in the court case. The information gathering will focus on areas of concern for the Judge and may include interviews with children. Tier 2 will result in a report being provided to the judge to inform court decisions in the best interest of the children.

Legal Document Assistants (LDA) and Paralegals are two distinct professions with separate business and professions codes. 

A paralegal does not include a nonlawyer who provides legal services directly to members of the public, or a Legal Document Assistant (LDA) or Unlawful Detainer Assistant (UDA) as defined in BPC §6400.

While not all LDAs are Paralegals, all Paralegals can register to become an LDA. To become an LDA registrants must meet certain educational requirements who of which include the completion of a paralegal program as further defined in BPC §6402.1

• (c) A certificate of completion from a paralegal program that is institutionally accredited but not approved by the American Bar Association, that requires successful completion of a minimum of 24 semester units, or the equivalent, in legal specialization courses.
• (d) A certificate of completion from a paralegal program approved by the American Bar Association. 

Starting in June 2022, CEB Essential Forms users will receive Essential Forms updates via a digital download link – no more CD-ROMs. 

What steps does this change require?

1. Users will receive your renewal invoice via email. Users will no longer receive annual paper renewal notices in the mail.
2. When the subscription renewal invoice is received users may go online at research.ceb.com/account and pay the invoice with a credit card or submit payment by mail to the address on the invoice.
3. For users who have multiple Essential Forms subscriptions we have synchronized subscriptions to renew in the same month. ​

CEB will send additional information about how users can download Essential Forms closer to the June release.

Contact CEB Customer Service at 800-232-3444 if you have any questions about a subscription.

What is a California Bankruptcy Petition Preparer?

In California in order to prepare bankruptcy documents for an individual representing themselves (in pro se) you must register as a Bankruptcy Petition Preparer.

A California Bankruptcy Petition Preparer is a person who is non-attorney who prepares a document for filing in the United States Bankruptcy Court.

"A Bankruptcy Petition Preparer may only type forms. When a bankruptcy petition preparer provides services that go beyond typing forms, those services can constitute the unauthorized “practice of law.” (11 U.S.C. § 110)

"The maximum allowable charge for a Bankruptcy Petition Preparer's services is $150, including any and all expenses such as photocopying, messenger or courier charges, postage, telephone, etc. This fee does not include the filing fee that must be paid to the clerk of the bankruptcy court; the debtor(s) is to make that payment directly to the court.

To learn more about the Bankruptcy Petition Preparer guideline click below.

Learn More

Find a Bankruptcy Petition Preparer near you on our Professional Directory

Professional Directory

If you are already registered as a California Bankruptcy Petition Preparer and would like to connect with other BPP like yourself join our Facebook group:

CA Bankruptcy Petition Preparers Group

AB 2834, as amended, Kiley. Notaries public: certificate corrections.

This bill would allow a currently commissioned notary public to correct an error in a notarial certificate attached to a grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or other real estate document, if the error is one that prevents the document from being recorded by a county recorder. 

The bill is narrowly-tailored to target very specific harms that can befall consumers if a document memorializing a real estate transaction cannot be recorded due to notarial error. For example, a home buyer may forfeit the mortgage interest rate on their home loan, due to expiration of a rate lock. Or the purchaser may have given up their apartment, but be unable to move into their new home. Or the failure of a transaction to close may mean that the seller of a home lacks the funds to close on the purchase of their next home. 

Read More

202120220AB2834_Assembly Judiciary.pdf

Simply put, in order to provide legal services as a Legal Document Assistant (LDA), you must have effective written materials.

LDAs may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies, BPC§6400 (g).

LDAs can, however, provide general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing himself or herself in a legal matter, to assist the person in representing himself or herself, BPC§6400 (d)(2).

So, invest in your legal resource library. You can even develop your own materials, to have them approved by an attorney for your clients.