Legal Document Assistance

Case Catagory:

Evictions / Unlawful Detainer

Divorce / Annulments / Legal Separations / MSA

Estate Planning / Wills / Probate

Expungements

Name Change / Gender Change

Process Service

Immigration and Citizenship

Marriage Services

Frequently asked questions

Question 1 What is a legal document assistant?

Any person who is not exempted under Section 6401 and who provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing himself or herself in a legal matter, or who holds himself or herself out as someone who offers that service or has that authority. This paragraph shall not apply to an individual whose assistance consists merely of secretarial or receptionist services.

A corporation, partnership, association, or other entity that employs or contracts with any person not exempted under Section 6401 who, as part of his or her responsibilities, provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing himself or herself in a legal matter, or who holds himself or herself out as someone who offers that service or has that authority. This paragraph shall not apply to an individual whose assistance consists merely of secretarial or receptionist services.

Question 2 Is it an individual registration or a business registration

Registration applies to an individual not a business. Should there be more than one individual in a business, each person must register. The only exception would be if an employee performs only secretarial or receptionist services. This means that the employee may only answer the phone, make appointments, etc. or type documents given to them by the Unlawful Detainer Assistant or Legal Document Assistant. They may not provide assistance related to helping clients with specific self-help related problems and should not have clients sign the contract, etc. All client contact relating to specific self-help related problems must be with the person registered.

Question 3 What does “assistance consists merely of secretarial or receptionist services” mean?

Typing documents from information (questionnaires, etc.) that have been provided to you by the legal document assistant who has acquired that information from the client, answering the phone, making appointments, writing receipts, etc. However, only the legal document assistant shall interview clients or have the client read and sign contract or documents after reviewing them.

Question 4 What is an Unlawful Detainer Assistant?

Any individual who for compensation renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action.

“Unlawful detainer claim” means a proceeding, filing, or action affecting rights or liabilities of any person that arises under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure and that contemplates an adjudication by a court..

Question 5 What does “Self-help service” mean?

Completing legal documents in a ministerial manner selected by a person who is representing him or herself in a legal matter, by typing or otherwise completing the documents at the person’s specific direction.

Providing 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.

Making published legal documents available to a person who is representing him or herself in a legal matter.

Filing and serving legal forms and documents at the specific direction of a person whom is representing himself or herself in a legal matter.

Question 6 What does “providing general published factual information that has been written or approved by an attorney mean??

A legal document assistant may provide general published factual information that has been written or approved by an attorney such as self-help materials (books, software, etc.) published by Nolo Press, Nolo Occidental and other self-help publishers, as well as the public service brochures associated with their membership organizations such as dissolution, paternity, bankruptcy, adoptions, unlawful detainer actions, etc. All of these brochures have been “approved” by an attorney.

Question 7 What does “Filing and serving legal forms and documents” mean?

Legal document assistants or unlawful detainer assistants may file legal forms and documents with the courts at the specific direction of a person who is representing him or her in a legal matter and serve the documents. However, there are limitations on the number of documents that may be served without possessing a process server's license and the LDA or UDA may also need to obtain a process server's license.

Question 8 What documents can we keep in our possession under SB1418?

No legal document assistant or unlawful detainer assistant shall retain in his or her possession original documents of a client. A legal document assistant or unlawful detainer assistant shall immediately return all of a client’s original documents to the client if any one or more of the following circumstances: if the client so requests at any time; if the written contract required by Section 6410 is not executed or is rescinded, canceled, or voided for any reason; or when the services described pursuant to paragraph (1) of subdivision (b) of Section 6410 have been completed.

Question 9 What does engaging in the unauthorized practice of law mean?

We cannot give "legal" advice. We cannot give "legal" opinions, i.e. the client asks, “what would you do in my situation?” We cannot answer that question. The best defense is to tell them that you “do not have an opinion” and could not give it if you did. That they know their situation better than you do and if they need advice or an opinion, they must contact an attorney. We cannot select forms; however, we can provide them with published materials, which explain the procedures and list the forms needed. We cannot provide them with strategies. If they need a strategy, they must contact an attorney. After obtaining the information from an attorney, they can come back to a legal document assistant or unlawful detainer assistant to prepare the paperwork.

Legal Questions Answered through the Elias Referral Network

While representing yourself through your legal journey, if you need an answer to any legal question, the LDA will provide the necessary documents to submit those questions via the Elias Referral Network, linking the client with a Licensed Attorney, and for a small fee, willing to answer questions in detail...Learn more.

ALL OTHER LEGAL DOCUMENTS

With regards to other legal documents, the LDA is able to assist anyone; i.e. Petitioner or Respondent, Defendant or Prosecutor, Accuser vs Accused, Landlord vs Tenant, Husband Wife or Both (uncontested),...etc, learn more.