AB 285: Professions and vocations: registration.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-21
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. Existing law requires a county clerk to, among other things, issue an identification card to each registered legal document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration.
(2)Existing law requires an applicant for registration as a legal document assistant to meet specified educational requirements. Existing law requires the county clerk to, among other things, return an application and fee to an applicant, along with notice indicating the reason for the denial and the method of appeal, if the clerk finds that the applicant has not complied with the educational requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses that meet specified requirements relating to attorneys during the 2-year period preceding renewal. The bill would require the applicant to state on his or her application for renewal, under penalty of perjury, that the applicant has completed the required continuing legal education courses. The bill would require the county clerk to return an application and fee to an applicant for renewal who fails to comply with this requirement.
By revising the duties of county clerks with respect to the renewal of registration of legal document assistants and unlawful detainer assistants, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3)Existing law provides for the renewal of registration of a legal document assistant or unlawful detainer assistant and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
Existing law defines and regulates the activities of process servers and professional photocopiers, as those terms are defined, including requiring a process server or professional photocopier to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a process server or professional photocopier renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number to a registrant in any of the above-described professions, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three years or more in the period of registration.
By changing the process by which county clerks renew registration of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers, this bill would impose a state-mandated local program.
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of the registration appear on any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)Existing law prescribes the proper county of venue in civil actions.
This bill, notwithstanding any other law, would provide that the proper venue in an action between a legal document assistant or unlawful detainer assistant and his or her client is the county in which the client has his or her primary residence. The bill would require a written contract entered into on or after January 1, 2016, between the legal document assistant or unlawful detainer assistant and his or her client to include a statement to this effect and would make a contract voidable at the clients option for failure to comply with this requirement.
(6)Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client at the first in-person or telephonic solicitation indicating that he or she is not a lawyer. Existing law requires the legal document assistant or unlawful detainer assistant to make similar statements if the prospective client initiates the first contact and authorizes the legal document assistant or unlawful detainer assistant to have the prospective client read and sign a Notice to Consumer indicating that the legal document assistant or unlawful detainer assistant has provided this information.
This bill would recast these provisions and require a legal document assistant or unlawful detainer assistant to provide this information at the first contact with the prospective client, regardless of which party initiates. The bill would also require the legal document assistant or unlawful detainer assistant to provide the Notice to Consumer, as specified, after making these oral statements and before entering into a contract or agreement for services or accepting compensation and to translate the Notice to Consumer into the language principally used in any oral sales presentation or negotiation. The bill would additionally require the legal document assistant or unlawful detainer assistant to inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. The bill would also require the written contract between the legal document assistant or unlawful detainer assistant to include the contact information of the county clerks office for the county in which the legal document assistant or unlawful detainer assistant is registered, as specified. The bill would require the Notice to Consumer to include this information.
(7)This bill would repeal the provisions regulating the activities of legal document assistants and unlawful detainer assistants as of January 1, 2021.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. Existing law requires a county clerk to, among other things, issue an identification card to each registered legal document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration.
(2)Existing law requires an applicant for registration as a legal document assistant to meet specified educational requirements. Existing law requires the county clerk to, among other things, return an application and fee to an applicant, along with notice indicating the reason for the denial and the method of appeal, if the clerk finds that the applicant has not complied with the educational requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses that meet specified requirements relating to attorneys during the 2-year period preceding renewal. The bill would require the applicant to state on his or her application for renewal, under penalty of perjury, that the applicant has completed the required continuing legal education courses. The bill would require the county clerk to return an application and fee to an applicant for renewal who fails to comply with this requirement.
By revising the duties of county clerks with respect to the renewal of registration of legal document assistants and unlawful detainer assistants, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3)Existing law provides for the renewal of registration of a legal document assistant or unlawful detainer assistant and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
Existing law defines and regulates the activities of process servers and professional photocopiers, as those terms are defined, including requiring a process server or professional photocopier to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a process server or professional photocopier renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number to a registrant in any of the above-described professions, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three years or more in the period of registration.
By changing the process by which county clerks renew registration of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers, this bill would impose a state-mandated local program.
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of the registration appear on any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)Existing law prescribes the proper county of venue in civil actions.
This bill, notwithstanding any other law, would provide that the proper venue in an action between a legal document assistant or unlawful detainer assistant and his or her client is the county in which the client has his or her primary residence. The bill would require a written contract entered into on or after January 1, 2016, between the legal document assistant or unlawful detainer assistant and his or her client to include a statement to this effect and would make a contract voidable at the clients option for failure to comply with this requirement.
(6)Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client at the first in-person or telephonic solicitation indicating that he or she is not a lawyer. Existing law requires the legal document assistant or unlawful detainer assistant to make similar statements if the prospective client initiates the first contact and authorizes the legal document assistant or unlawful detainer assistant to have the prospective client read and sign a Notice to Consumer indicating that the legal document assistant or unlawful detainer assistant has provided this information.
This bill would recast these provisions and require a legal document assistant or unlawful detainer assistant to provide this information at the first contact with the prospective client, regardless of which party initiates. The bill would also require the legal document assistant or unlawful detainer assistant to provide the Notice to Consumer, as specified, after making these oral statements and before entering into a contract or agreement for services or accepting compensation and to translate the Notice to Consumer into the language principally used in any oral sales presentation or negotiation. The bill would additionally require the legal document assistant or unlawful detainer assistant to inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. The bill would also require the written contract between the legal document assistant or unlawful detainer assistant to include the contact information of the county clerks office for the county in which the legal document assistant or unlawful detainer assistant is registered, as specified. The bill would require the Notice to Consumer to include this information.
(7)This bill would repeal the provisions regulating the activities of legal document assistants and unlawful detainer assistants as of January 1, 2021.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. Existing law requires a county clerk to, among other things, issue an identification card to each registered legal document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration.
(2)Existing law requires an applicant for registration as a legal document assistant to meet specified educational requirements. Existing law requires the county clerk to, among other things, return an application and fee to an applicant, along with notice indicating the reason for the denial and the method of appeal, if the clerk finds that the applicant has not complied with the educational requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses that meet specified requirements relating to attorneys during the 2-year period preceding renewal. The bill would require the applicant to state on his or her application for renewal, under penalty of perjury, that the applicant has completed the required continuing legal education courses. The bill would require the county clerk to return an application and fee to an applicant for renewal who fails to comply with this requirement.
By revising the duties of county clerks with respect to the renewal of registration of legal document assistants and unlawful detainer assistants, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3)Existing law provides for the renewal of registration of a legal document assistant or unlawful detainer assistant and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
Existing law defines and regulates the activities of process servers and professional photocopiers, as those terms are defined, including requiring a process server or professional photocopier to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a process server or professional photocopier renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number to a registrant in any of the above-described professions, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three years or more in the period of registration.
By changing the process by which county clerks renew registration of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers, this bill would impose a state-mandated local program.
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of the registration appear on any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)Existing law prescribes the proper county of venue in civil actions.
This bill, notwithstanding any other law, would provide that the proper venue in an action between a legal document assistant or unlawful detainer assistant and his or her client is the county in which the client has his or her primary residence. The bill would require a written contract entered into on or after January 1, 2016, between the legal document assistant or unlawful detainer assistant and his or her client to include a statement to this effect and would make a contract voidable at the clients clients option for failure to comply with this requirement.
(6)Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client at the first in-person or telephonic solicitation indicating that he or she is not a lawyer lawyer. Existing law requires the legal document assistant or unlawful detainer assistant to make similar statements if the prospective client initiates the first contact and authorizes the legal document assistant or unlawful detainer assistant to have the prospective client read and sign a Notice to Consumer indicating that the legal document assistant or unlawful detainer assistant has provided this information.
This bill would recast these provisions and require a legal document assistant or unlawful detainer assistant to provide this information at the first contact with the prospective client, regardless of which party initiates. The bill would also require the legal document assistant or unlawful detainer assistant to provide the Notice to Consumer, as specified, after making these oral statement and before entering into a contract or agreement for services or accepting compensation and to translate the Notice to Consumer into the language principally used in any oral sales presentation or negotiation. The bill would additionally require the legal document assistant or unlawful detainer assistant to inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. The bill would also require the written contract between the legal document assistant or unlawful detainer assistant to include the contact information of the county clerks office for the county in which the legal document assistant or unlawful detainer assistant is registered, as specified. The bill would require the Notice to Consumer to include this information.
(7)This bill would repeal the provisions regulating the activities of legal document assistants and unlawful detainer assistants as of January 1, 2021.
(7)
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. Existing law requires a county clerk to, among other things, issue an identification card to each registered legal document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration. The bill would require a legal document assistant or unlawful detainer assistant to provide his or her identification card when filing documents in a county other than the county of his or her registration.
(2)Existing law requires an applicant for registration as a legal document assistant to meet specified educational requirements. Existing law requires the county clerk to, among other things, return an application and fee to an applicant, along with notice indicating the reason for the denial and the method of appeal, if the clerk finds that the applicant has not complied with the educational requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses that meet specified requirements relating to attorneys during the 2-year period preceding renewal from a provider approved by the State Bar. renewal. The bill would require the applicant to state on his or her application for renewal, under penalty of perjury, that the applicant has completed the required continuing legal education courses. The bill would require the county clerk to return an application and fee to an applicant for renewal who fails to comply with this requirement.
By revising the duties of county clerks with respect to the renewal of registration of legal document assistants and unlawful detainer assistants, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3)Existing law provides for the renewal of registration of a legal document assistant or unlawful detainer assistant and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
Existing law defines and regulates the activities of process servers and professional photocopiers, as those terms are defined, including requiring a process server or professional photocopier to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a process server or professional photocopier renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number to a registrant in any of the above-described professions, provided that there is no lapse of three years or more in the period of registration.
By changing the process by which county clerks renew registration of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers, this bill would impose a state-mandated local program.
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of the registration appear on any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)Existing law prescribes the proper county of venue in civil actions.
This bill, notwithstanding any other law, would provide that the proper venue in an action between a legal document assistant or unlawful detainer assistant and his or her client is the county in which the client has his or her primary residence. The bill would require a written contract entered into on or after January 1, 2016, between the legal document assistant or unlawful detainer assistant and his or her client to include a statement to this effect and would make a contract voidable at the clients option for failure to comply with this requirement.
(6)Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client indicating that he or she is not a lawyer and authorizes the legal document assistant or unlawful detainer assistant to have the prospective client read and sign a Notice to Consumer indicating that the legal document assistant or unlawful detainer assistant has provided this information.
This bill would additionally require the legal document assistant or unlawful detainer assistant to inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. The bill would require the Notice to Consumer to include this information.
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined, including requiring a legal document assistant or unlawful detainer assistant to be registered, as specified. Existing defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. Existing law requires a county clerk to, among other things, issue an identification card to each registered legal document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration. The bill would require a legal document assistant or unlawful detainer assistant to provide his or her identification card when filing documents in a county other than the county of his or her registration.
(2)Existing law requires an applicant for registration as a legal document assistant to meet specified educational requirements. Existing law requires the county clerk to, among other things, return an application and fee to an applicant, along with notice indicating the reason for the denial and the method of appeal, if the clerk finds that the applicant has not complied with the educational requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses during the 2-year period preceding renewal from a provider approved by the State Bar. The bill would require the applicant to state on his or her application for renewal, under penalty of perjury, that the applicant has completed the required continuing legal education courses. The bill would require the county clerk to return an application and fee to an applicant for renewal who fails to comply with this requirement.
By revising the duties of county clerks with respect to the renewal of registration of legal document assistants and unlawful detainer assistants, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
(3)Existing law provides for the renewal of registration under these provisions of a legal document assistant or unlawful detainer assistant and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
Existing law defines and regulates the activities of process servers and professional photocopiers, as those terms are defined, including requiring a process server or professional photocopier to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a process server or professional photocopier renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number regardless of whether the period of registration has lapsed. to a registrant in any of the above-described professions, provided that there is no lapse of three years or more in the period of registration.
By changing the process by which county clerks renew registration of legal document assistants and assistants, unlawful detainer assistants, process servers, and professional photocopiers, this bill would impose a state-mandated local program.
(2)
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of the registration appear on any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)Existing law prescribes the proper county of venue in civil actions.
This bill, notwithstanding any other law, would provide that the proper venue in an action between a legal document assistant or unlawful detainer assistant and his or her client is the county in which the client has his or her primary residence. The bill would require a written contract entered into on or after January 1, 2016, between the legal document assistant or unlawful detainer assistant and his or her client to include a statement to this effect and would make a contract voidable at the clients option for failure to comply with this requirement.
(6)Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client indicating that he or she is not a lawyer and authorizes the legal document assistant or unlawful detainer assistant to have the prospective client read and sign a Notice to Consumer indicating that the legal document assistant or unlawful detainer assistant has provided this information.
This bill would additionally require the legal document assistant or unlawful detainer assistant to inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. The bill would require the Notice to Consumer to include this information.
(3)
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration.
(2)Existing law provides that a certificate of registration as a legal document assistant or an unlawful detainer assistant is effective for 2 years, until the date the bond required for registration expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed by the bond in effect, whichever occurs first. Existing law authorizes renewal of an existing registration, which is effective for the same period.
This bill would extend the effective period for a certificate of registration and for a renewals of registration to 4 years.
(3)
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined, including requiring a legal document assistant or unlawful detainer assistant to be registered, as specified. Existing law provides for the renewal of registration under these provisions and requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number regardless of whether the period of registration has lapsed.
By changing the process by which county clerks renew registration of legal document assistants and unlawful detainer assistants, this bill would impose a state-mandated local program.
(4)
(2)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would additionally require that this information appear on the Internet Web site of the registered legal document assistant or unlawful detainer assistant. The bill would delete the requirement that the expiration date of the registration appear on these materials any papers or documents prepared or used by the registrant. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client. client, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located, which is deemed the primary place of registration, and in any other county in which he or she performs acts for which registration is required, which is deemed a secondary place of registration. A violation of this requirement is a misdemeanor. Existing law prohibits a legal document assistant from providing self-help service, as defined, for compensation unless he or she is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required.
This bill would delete the requirement that a legal document assistant or an unlawful detainer assistant be registered in any other county in which he or she performs acts for which registration is required. The bill would also specify that a legal document assistant registered in the county in which his or her principal place of business is located may provide self-help services in any part of this state. The bill would also delete references to primary and secondary places of registration.
(2)Existing law provides that a certificate of registration as a legal document assistant or an unlawful detainer assistant is effective for 2 years, until the date the bond required for registration expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed by the bond in effect, whichever occurs first. Existing law authorizes renewal of an existing registration, which is effective for the same period.
This bill would extend the effective period for a certificate of registration and for a renewals of registration to 4 years.
(3)Existing law requires the county clerk to assign the same registration number to a legal document assistant or an unlawful detainer assistant renewing his or her registration provided that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the same registration number regardless of whether the period of registration has lapsed.
By changing the process by which county clerks renew registration of legal document assistants and unlawful detainer assistants, this bill would impose a state-mandated local program.
(4)Existing law requires a registered legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant. A violation of this requirement is a misdemeanor.
This bill would additionally require that this information appear on the Internet Web site of the registered legal document assistant or unlawful detainer assistant. The bill would delete the requirement that the expiration date of the registration appear on these materials. The bill would also require the legal document assistant or unlawful detainer assistant to include his or her name, business address, telephone number, registration number, expiration date of the registration, and county of registration on a written contract for services required to be provided to a client.
By changing the scope of a crime, this bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Superior Court Security Act of 2012, provides that, except as specified, the sheriff is responsible for the necessary level of court security services. Under existing law, the presiding judge, in conjunction with the sheriff or marshall, is required to develop a comprehensive court security plan that includes the mutually agreed upon law enforcement security plan to be utilized by the court.
This bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Superior Court Security Act of 2012, provides that, except as specified, the sheriff is responsible for the necessary level of court security services. Under existing law, the presiding judge, in conjunction with the sheriff or marshall, is required to develop a comprehensive court security plan that includes the mutually agreed upon law enforcement security plan to be utilized by the court.
This bill would make technical, nonsubstantive changes to those provisions.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, shall not provide any self-help service for compensation, unless the legal document assistant is registered pursuant to Section 6402.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6401.7 is added to the Business and Professions Code, to read:6401.7.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located, and in which he or she maintains a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 4.Section 6402.2 is added to the Business and Professions Code, to read:6402.2.To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses, which meet the requirements of Section 6070, during the two-year period preceding renewal.
SEC. 5.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that he or she has completed the legal education courses required by Section 6402.2.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 6.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 7.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 8.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 9.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than three and one-quarter by two inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
SEC. 10.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 11.Section 6409.1 is added to the Business and Professions Code, to read:6409.1.Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and his or her client shall be the county in which the client has his or her primary residence.
SEC. 12.Section 6410 of the Business and Professions Code is amended to read: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 clerks 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 Web site.
(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 registrants knowledge or experience, or the quality of the registrants 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 he or she has 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 his or her client shall be the county in which the client has his or her 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 clients behalf by the legal document assistant or unlawful detainer assistant with the clients knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.
SEC. 13.Section 6410.5 of the Business and Professions Code is amended to read:6410.5.(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first contact with a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
(1)The identity of the person making the solicitation.
(2)The trade name of the person represented by the person making the solicitation, if any.
(3)The kind of services being offered for sale.
(4)The statement: I am not an attorney and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and his or her registration number.
(6)The expiration date of the legal document assistants or unlawful detainer assistants current registration period.
(b)After the legal document assistant or unlawful detainer assistant makes the oral statements required pursuant to subdivision (a), and before the legal document assistant or unlawful detainer assistant enters into a contract or agreement for services or accept 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 which contains no other print or graphics, and shall be in the following form. 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.
NOTICE TO CONSUMER |
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE |
In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . . |
[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. |
[He/she/name of the business] cannot represent you in court. |
[He/she/name of the business] cannot advise you about your legal rights or the law. |
[He/she/name of the business] cannot select legal forms for you. |
[He/she/name of the business] is registered in [county name] and the registration number is [registration number]. |
[He/she/name of the business]s registration is valid until [date of expiration of registration], after which it must be renewed. |
| To confirm that [he/she/name of business] is registered, you may contact the [county name] clerks office at [office address], [or] [office phone number], [or] [if available, office Internet Web site]. |
Choose one: |
Yes, [he/she] explained. |
No, [he/she] did not explain. |
Date: |
Signature: |
(c)The legal document assistant or unlawful detainer assistant shall be responsible for translating, if necessary, the Notice to Consumer required pursuant to subdivision (b) into the language principally used in any oral sales presentation or negotiation.
SEC. 14.Section 22355 of the Business and Professions Code is amended to read:22355.(a)The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at his or her address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The temporary and permanent identification cards shall be not less than 31/4 inches by 2 inches and shall contain at the top the title, Registered Process Server, followed by the registrants name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
SEC. 15.Section 22457 of the Business and Professions Code is amended to read:22457.(a)The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than three and one-quarter inches by two inches, and shall contain at the top the title, Professional Photocopier followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner.
(c)The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include Employee of: [insert name of the professional photocopier or the partnership or corporation].
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, shall not provide any self-help service for compensation, unless the legal document assistant is registered pursuant to Section 6402.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6401.7 is added to the Business and Professions Code, to read:6401.7.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located, and in which he or she maintains a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 4.Section 6402.2 is added to the Business and Professions Code, to read:6402.2.To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses, which meet the requirements of Section 6070, during the two-year period preceding renewal.
SEC. 5.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that he or she has completed the legal education courses required by Section 6402.2.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 6.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 7.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 8.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 9.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than three and one-quarter by two inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
SEC. 10.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 11.Section 6409.1 is added to the Business and Professions Code, to read:6409.1.Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and his or her client shall be the county in which the client has his or her primary residence.
SEC. 12.Section 6410 of the Business and Professions Code is amended to read: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 clerks 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 Web site.
(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 registrants knowledge or experience, or the quality of the registrants 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 he or she has 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 his or her client shall be the county in which the client has his or her 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 clients behalf by the legal document assistant or unlawful detainer assistant with the clients knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.
SEC. 13.Section 6410.5 of the Business and Professions Code is amended to read:6410.5.(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first contact with a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
(1)The identity of the person making the solicitation.
(2)The trade name of the person represented by the person making the solicitation, if any.
(3)The kind of services being offered for sale.
(4)The statement: I am not an attorney and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and his or her registration number.
(6)The expiration date of the legal document assistants or unlawful detainer assistants current registration period.
(b)After the legal document assistant or unlawful detainer assistant makes the oral statements required pursuant to subdivision (a), and before the legal document assistant or unlawful detainer assistant enters into a contract or agreement for services or accept 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 which contains no other print or graphics, and shall be in the following form. 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.
NOTICE TO CONSUMER |
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE |
In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . . |
[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. |
[He/she/name of the business] cannot represent you in court. |
[He/she/name of the business] cannot advise you about your legal rights or the law. |
[He/she/name of the business] cannot select legal forms for you. |
[He/she/name of the business] is registered in [county name] and the registration number is [registration number]. |
[He/she/name of the business]s registration is valid until [date of expiration of registration], after which it must be renewed. |
| To confirm that [he/she/name of business] is registered, you may contact the [county name] clerks office at [office address], [or] [office phone number], [or] [if available, office Internet Web site]. |
Choose one: |
Yes, [he/she] explained. |
No, [he/she] did not explain. |
Date: |
Signature: |
(c)The legal document assistant or unlawful detainer assistant shall be responsible for translating, if necessary, the Notice to Consumer required pursuant to subdivision (b) into the language principally used in any oral sales presentation or negotiation.
SEC. 14.Section 22355 of the Business and Professions Code is amended to read:22355.(a)The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at his or her address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The temporary and permanent identification cards shall be not less than 31/4 inches by 2 inches and shall contain at the top the title, Registered Process Server, followed by the registrants name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
SEC. 15.Section 22457 of the Business and Professions Code is amended to read:22457.(a)The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than three and one-quarter inches by two inches, and shall contain at the top the title, Professional Photocopier followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner.
(c)The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include Employee of: [insert name of the professional photocopier or the partnership or corporation].
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, shall not provide any self-help service for compensation, unless the legal document assistant is registered pursuant to Section 6402.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6401.7 is added to the Business and Professions Code, to read:6401.7.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.SEC. 3.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located, and in which he or she maintains a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 3.SEC. 4.Section 6402.2 is added to the Business and Professions Code, to read:6402.2.To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses, which meet the requirements of Section 6070, during the two-year period preceding renewal. renewal.
SEC. 4.SEC. 5.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that he or she has completed the legal education courses required by Section 6402.2.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 5.SEC. 6.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 6.SEC. 7.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 7.SEC. 8.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 8.SEC. 9.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 three and one-quarter by 2 two inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
SEC. 9.SEC. 10.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 10.SEC. 11.Section 6409.1 is added to the Business and Professions Code, to read:6409.1.Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and his or her client shall be the county in which the client has his or her primary residence.
SEC. 11.SEC. 12.Section 6410 of the Business and Professions Code is amended to read: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 clerks 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 Web site.
(3)
(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.
(4)
(5)The contract shall contain a statement in 12-point boldface type that the county clerk has not evaluated or approved the registrants knowledge or experience, or the quality of the registrants services.
(5)
(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 he or she has been a victim of fraud, the unauthorized practice of law, or any other injury.
(6)
(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 his or her client shall be the county in which the client has his or her 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 clients behalf by the legal document assistant or unlawful detainer assistant with the clients knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.
SEC. 12.SEC. 13.Section 6410.5 of the Business and Professions Code is amended to read:6410.5.(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first in-person or telephonic solicitation of contact with a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
(1)The identity of the person making the solicitation.
(2)The trade name of the person represented by the person making the solicitation, if any.
(3)The kind of services being offered for sale.
(4)The statement: I am not an attorney and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and his or her registration number.
(6)The expiration date of the legal document assistants or unlawful detainer assistants current registration period.
(b)If the first contact between a legal document assistant or an unlawful detainer assistant and a prospective client is initiated by the prospective client, it is unlawful for After the legal document assistant or unlawful detainer assistant makes the oral statements required pursuant to subdivision (a), and before the legal document assistant or unlawful detainer assistant to enter enters into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly, during that first contact, and before offering any contract or agreement for services to the prospective client, the following: I am not an attorney [and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm.] [I/We] cannot (1) represent you in court, (2) advise you about your legal rights or the law, or (3) select legal forms for you. The legal document assistant or the unlawful detainer assistant shall also inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. After making this statement, and before offering the prospective client a contract or agreement for services, a legal document assistant or unlawful detainer assistant who has made the statement in accordance with this subdivision may ask the prospective client to read the compensation, the legal document assistant or unlawful detainer assistant shall provide the prospective client with a Notice to Consumer set forth below, and after below. After allowing the prospective client time to read the notice, may 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, 14-point 12-point type on a separate, white, 81/2 by 11 inch sheet of paper which contains no other print or graphics, and shall be in the following form. 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.
NOTICE TO CONSUMER |
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE |
In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . . |
[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. |
[He/she/name of the business] cannot represent you in court. |
[He/she/name of the business] cannot advise you about your legal rights or the law. |
[He/she/name of the business] cannot select legal forms for you. |
[He/she/name of the business] is registered in [county name] and the registration number is [registration number]. |
[He/she/name of the business]s registration is valid until [date of expiration of registration], after which it must be renewed. |
| To confirm that [he/she/name of business] is registered, you may contact the [county name] clerks office at [office address], [or] [office phone number], [or] [if available, office Internet Web site]. |
Choose one: |
Yes, [he/she] explained. |
No, [he/she] did not explain. |
Date: |
Signature: |
(c)The legal document assistant or unlawful detainer assistant shall be responsible for translating, if necessary, the Notice to Consumer required pursuant to subdivision (b) into the language principally used in any oral sales presentation or negotiation.
SEC. 13.SEC. 14.Section 22355 of the Business and Professions Code is amended to read:22355.(a)The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at his or her address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The temporary and permanent identification cards shall be not less than 31/4 inches by 2 inches and shall contain at the top the title, Registered Process Server, followed by the registrants name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
SEC. 14.SEC. 15.Section 22457 of the Business and Professions Code is amended to read:22457.(a)The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 three and one-quarter inches by 2 two inches, and shall contain at the top the title, Professional Photocopier followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner.
(c)The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include Employee of: [insert name of the professional photocopier or the partnership or corporation].
SEC. 15.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, shall not provide any self-help service for compensation, unless the legal document assistant is registered pursuant to Section 6402.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located, and in which he or she maintains a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 3.Section 6402.2 is added to the Business and Professions Code, to read:6402.2.To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses courses, which meet the requirements of Section 6070, during the two-year period preceding renewal from a provider approved by the State Bar.
SEC. 4.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that he or she has completed the legal education courses required by Section 6402.2.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 5.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 6.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 7.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 8.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 by 2 inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
(c)A legal document assistant or unlawful detainer assistant shall present his or her identification card when filing documents in a county other than his or her county of registration.
SEC. 9.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 10.Section 6409.1 is added to the Business and Professions Code, to read:6409.1.Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and his or her client shall be the county in which the client has his or her primary residence.
SEC. 11.Section 6410 of the Business and Professions Code is amended to read: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)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.
(4)The contract shall contain a statement in 12-point boldface type that the county clerk has not evaluated or approved the registrants knowledge or experience, or the quality of the registrants services.
(5)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 he or she has been a victim of fraud, the unauthorized practice of law, or any other injury.
(6)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 his or her client shall be the county in which the client has his or her 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 clients behalf by the legal document assistant or unlawful detainer assistant with the clients knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.
SEC. 12.Section 6410.5 of the Business and Professions Code is amended to read:6410.5.(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first in-person or telephonic solicitation of a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
(1)The identity of the person making the solicitation.
(2)The trade name of the person represented by the person making the solicitation, if any.
(3)The kind of services being offered for sale.
(4)The statement: I am not an attorney and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and his or her registration number.
(6)The expiration date of the legal document assistants or unlawful detainer assistants current registration period.
(b)If the first contact between a legal document assistant or an unlawful detainer assistant and a prospective client is initiated by the prospective client, it is unlawful for the legal document assistant or unlawful detainer assistant to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly, during that first contact, and before offering any contract or agreement for services to the prospective client, the following: I am not an attorney [and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm.] [I/We] cannot (1) represent you in court, (2) advise you about your legal rights or the law, or (3) select legal forms for you. The legal document assistant or the unlawful detainer assistant shall also inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. After making this statement, and before offering the prospective client a contract or agreement for services, a legal document assistant or unlawful detainer assistant who has made the statement in accordance with this subdivision may ask the prospective client to read the Notice to Consumer set forth below, and after allowing the prospective client time to read the notice, may ask the prospective client to sign and date the notice. The notice shall be set forth in black, bold, 14-point type on a separate, white, 81/2 by 11 inch sheet of paper which contains no other print or graphics, and shall be in the following form. 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.
NOTICE TO CONSUMER |
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE |
In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . . |
[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. |
[He/she/name of the business] cannot represent you in court. |
[He/she/name of the business] cannot advise you about your legal rights or the law. |
[He/she/name of the business] cannot select legal forms for you. |
[He/she/name if of the business] is registered in [county name] and the registration number is [registration number]. |
[He/she/name of the business]s registration is valid until [date of expiration of registration], after which it must be renewed. |
Choose one: |
Yes, [he/she] explained. |
No, [he/she] did not explain. |
Date: |
Signature: |
(a)The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at his or her address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided there is no lapse of three or more years in the period of registration.
(b)The temporary and permanent identification cards shall be not less than 31/4 inches by 2 inches and shall contain at the top the title, Registered Process Server, followed by the registrants name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
SEC. 14.Section 22457 of the Business and Professions Code is amended to read:22457.(a)The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 inches by 2 inches, and shall contain at the top the title, Professional Photocopier followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner.
(c)The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include Employee of: [insert name of the professional photocopier or the partnership or corporation].
SEC. 15.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, may shall not provide any self-help service for compensation, unless the legal document assistant is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. pursuant to Section 6402.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located (deemed primary registration), and in any other county in which he or she performs acts for which registration is required (deemed secondary registration). Any registration in a county, other than the county of the persons place of business, shall state the persons principal place of business located, and in which he or she maintains a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 3.Section 6402.2 is added to the Business and Professions Code, to read:6402.2.To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses during the two-year period preceding renewal from a provider approved by the State Bar.
SEC. 4.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)Whether this is a primary or secondary registration. If it is a secondary registration, the county in which the primary registration is filed.
(7)If the application is for a renewal of registration, a statement by the applicant that he or she has completed the legal education courses required by Section 6402.2.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)Whether this is a primary or secondary registration. If it is a secondary registration, the county in which the primary registration is filed.
(7)If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 5.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration, registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 6.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000). An application for secondary registration shall meet all of the requirements of this subdivision, except that in place of posting another original bond or cash deposit, the applicant shall include a certified copy of the bond or cash deposit posted in the county in which the applicant filed the primary registration.
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision. An application for secondary registration shall meet all of the requirements of this subdivision, except that in place of posting another original bond or cash deposit, the applicant shall include a certified copy of the bond or cash deposit posted in the county in which the applicant filed the primary registration.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk. The partnership or corporation shall promptly send a certified copy of the increased bond to the county clerk in any county of secondary registration.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 7.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402 or 6402.1, 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SECTION 1.SEC. 8.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned. assigned, provided there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 by 2 inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
(c)A legal document assistant or unlawful detainer assistant shall present his or her identification card when filing documents in a county other than his or her county of registration.
SEC. 2.SEC. 9.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 10.Section 6409.1 is added to the Business and Professions Code, to read:6409.1.Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and his or her client shall be the county in which the client has his or her primary residence.
SEC. 11.Section 6410 of the Business and Professions Code is amended to read: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)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.
(4)The contract shall contain a statement in 12-point boldface type that the county clerk has not evaluated or approved the registrants knowledge or experience, or the quality of the registrants services.
(5)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 he or she has been a victim of fraud, the unauthorized practice of law, or any other injury.
(6)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 his or her client shall be the county in which the client has his or her primary residence.
(d)
(e)Failure of a legal document assistant or unlawful detainer assistant to comply with subdivisions (a), (b), and (c) (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.
(e)
(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 clients behalf by the legal document assistant or unlawful detainer assistant with the clients knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract.
SEC. 12.Section 6410.5 of the Business and Professions Code is amended to read:6410.5.(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first in-person or telephonic solicitation of a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
(1)The identity of the person making the solicitation.
(2)The trade name of the person represented by the person making the solicitation, if any.
(3)The kind of services being offered for sale.
(4)The statement: I am not an attorney and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and his or her registration number.
(6)The expiration date of the legal document assistants or unlawful detainer assistants current registration period.
(b)If the first contact between a legal document assistant or an unlawful detainer assistant and a prospective client is initiated by the prospective client, it is unlawful for the legal document assistant or unlawful detainer assistant to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly, during that first contact, and before offering any contract or agreement for services to the prospective client, the following: I am not an attorney [and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, [name] is not a law firm.] [I/We] cannot (1) represent you in court, (2) advise you about your legal rights or the law, or (3) select legal forms for you. The legal document assistant or the unlawful detainer assistant shall also inform the prospective client of the county in which he or she, or the partnership or corporation, is registered, the registration number assigned by the county, and the expiration date of his or her, or of the partnerships or corporations, current registration period. After making this statement, and before offering the prospective client a contract or agreement for services, a legal document assistant or unlawful detainer assistant who has made the statement in accordance with this subsection subdivision may ask the prospective client to read the Notice to Consumer set forth below, and after allowing the prospective client time to read the notice, may ask the prospective client to sign and date the notice. The notice shall be set forth in black, bold, 14-point type on a separate, white, 81/2 by 11 inch sheet of paper which contains no other print or graphics, and shall be in the following form. 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.
NOTICE TO CONSUMER |
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE |
In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . . |
[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. |
[He/she/name of the business] cannot represent you in court. |
[He/she/name of the business] cannot advise you about your legal rights or the law. |
[He/she/name of the business] cannot select legal forms for you. |
[He/she/name if business] is registered in [county name] and the registration number is [registration number]. |
[He/she/name of business]s registration is valid until [date of expiration of registration], after which it must be renewed. |
Choose one: |
Yes, [he/she] explained. |
No, [he/she] did not explain. |
Date: |
Signature: |
(a)The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at his or her address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided there is no lapse of three or more years in the period of registration.
(b)The temporary and permanent identification cards shall be not less than 31/4 inches by 2 inches and shall contain at the top the title, Registered Process Server, followed by the registrants name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
SEC. 14.Section 22457 of the Business and Professions Code is amended to read:22457.(a)The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided there is no lapse of three or more years in the period of registration.
(b)The identification card shall be a card not less than 31/4 inches by 2 inches, and shall contain at the top the title, Professional Photocopier followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner.
(c)The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include Employee of: [insert name of the professional photocopier or the partnership or corporation].
SEC. 3.SEC. 15.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, may not provide any self-help service for compensation, unless the legal document assistant is registered in the county in which his or her principal place of business is located. A legal document assistant registered in the county in which his or her principal place of business is located may provide self-help services in any part of this state.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 3.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 4.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 5.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 6.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of four years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of four years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402 or 6402.1, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 7.SECTION 1.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned.
(b)The identification card shall be a card not less than 31/4 by 2 inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
SEC. 8.SEC. 2.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, Internet Web site, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410. 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
SEC. 9.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Unlawful detainer assistant means 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.
(b)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.
(c)Legal document assistant means:
(1)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 does not apply to any individual whose assistance consists merely of secretarial or receptionist services.
(2)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 holds himself or herself out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services.
(d)Self-help service means all of the following:
(1)Completing legal documents in a ministerial manner, selected by a person who is representing himself or herself in a legal matter, by typing or otherwise completing the documents at the persons specific direction.
(2)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. This service in and of itself, shall not require registration as a legal document assistant.
(3)Making published legal documents available to a person who is representing himself or herself in a legal matter.
(4)Filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
(e)Compensation means money, property, or anything else of value.
(f)A legal document assistant, including any legal document assistant employed by a partnership or corporation, may not provide any self-help service for compensation, unless the legal document assistant is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. located. A legal document assistant registered in the county in which his or her principal place of business is located may provide self-help services in any part of this state.
(g)A legal document assistant 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. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2.Section 6402 of the Business and Professions Code is amended to read:6402.A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which his or her principal place of business is located (deemed primary registration), and in any other county in which he or she performs acts for which registration is required (deemed secondary registration). Any registration in a county, other than the county of the persons place of business, shall state the persons principal place of business and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1.
SEC. 3.Section 6403 of the Business and Professions Code is amended to read:6403.(a)The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)Name, age, address, and telephone number.
(2)Whether he or she has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether he or she has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether he or she has ever been convicted of a misdemeanor violation of this chapter.
(5)Whether he or she has had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(6)Whether he or she has had a registration revoked pursuant to Section 6413.
(7)Whether this is a primary or secondary registration. If it is a secondary registration, the county in which the primary registration is filed.
(b)The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California drivers license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(4)Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant.
(6)Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413.
(7)Whether this is a primary or secondary registration. If it is a secondary registration, the county in which the primary registration is filed.
(d)The applications made under this section shall be made under penalty of perjury.
(e)The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
SEC. 4.Section 6404 of the Business and Professions Code is amended to read:6404.An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration, registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card.
SEC. 5.Section 6405 of the Business and Professions Code is amended to read:6405.(a)(1)An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000). An application for secondary registration shall meet all of the requirements of this subdivision, except that in place of posting another original bond or cash deposit, the applicant shall include a certified copy of the bond or cash deposit posted in the county in which the applicant filed the primary registration.
(2)An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation:
(A)Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)Fifty thousand dollars ($50,000) for five to nine assistants.
(C)One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision. An application for secondary registration shall meet all of the requirements of this subdivision, except that in place of posting another original bond or cash deposit, the applicant shall include a certified copy of the bond or cash deposit posted in the county in which the applicant filed the primary registration.
(3)If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk. The partnership or corporation shall promptly send a certified copy of the increased bond to the county clerk in any county of secondary registration.
(4)The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder.
(c)The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.
(e)In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk.
(f)If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412.
(g)The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(h)The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed.
SEC. 6.Section 6406 of the Business and Professions Code is amended to read:6406.(a)If granted, a certificate of registration shall be effective for a period of two four years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two four years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
(3)Convicted of a misdemeanor violation of this chapter.
(4)Had a civil judgment entered against him or her in an action arising out of the applicants negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
(5)Had his or her registration revoked pursuant to Section 6413.
(c)If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402 or 6402.1, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)Any relevant information the applicant wishes to include for the record.
(e)The director shall order the applicants certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicants certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicants unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.
SEC. 7.Section 6407 of the Business and Professions Code is amended to read:6407.(a)The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided there is no lapse in the period of registration. assigned.
(b)The identification card shall be a card not less than 31/4 by 2 inches, and shall contain at the top, the title Legal Document Assistant or Unlawful Detainer Assistant, as appropriate, followed by the registrants name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: This person is not a lawyer. The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: The county clerk has not evaluated this persons knowledge, experience, or services.
SEC. 8.Section 6408 of the Business and Professions Code is amended to read:6408.The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear in any solicitation or advertisement, Internet Web site, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings. The registrants name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 69921 of the Government Code is amended to read:69921.For purposes of this article, the following definitions shall have the following meanings:
(a)Court attendant means a nonarmed, nonlaw enforcement employee of the superior court who performs those functions specified by the court, except those functions that may only be performed by armed and sworn personnel. A court attendant is not a peace officer or a public safety officer.
(b)Court security plan means a plan that is provided by the superior court to the Administrative Office of the Courts and includes a law enforcement security plan and all other court security matters.
(c)Law enforcement security plan means a plan that is provided by a sheriff or marshal and includes policies and procedures for providing public safety and law enforcement services to the court.
For purposes of this article: article, the following definitions shall have the following meanings:
(a)Court attendant means a nonarmed, nonlaw enforcement employee of the superior court who performs those functions specified by the court, except those functions that may only be performed by armed and sworn personnel. A court attendant is not a peace officer or a public safety officer.
(b)Court security plan means a plan that is provided by the superior court to the Administrative Office of the Courts that and includes a law enforcement security plan and all other court security matters.
(c)Law enforcement security plan means a plan that is provided by a sheriff or marshal that and includes policies and procedures for providing public safety and law enforcement services to the court.
|
Date
|
Status
|
|---|---|
| Jun 19, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Sep 21, 2015 | Chaptered by Secretary of State - Chapter 295, Statutes of 2015. |
| Sep 21, 2015 | Approved by the Governor. |
| Sep 9, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2670.). |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2196.). |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 27, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jul 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Jul 2, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 29, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 23, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 11, 2015 | Read first time. To print. |
| Jun 4, 2015 | Referred to Com. on JUD. |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1594.) |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 26, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2015 | Read second time. Ordered to Consent Calendar. |
| May 20, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20). |
| Apr 30, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 27, 2015 | Re-referred to Com. on L. GOV. |
| Apr 23, 2015 | Read second time and amended. |
| Apr 22, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (April 21). |
| Apr 6, 2015 | Re-referred to Com. on JUD. |
| Mar 26, 2015 | Referred to Coms. on JUD. and L. GOV. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Feb 12, 2015 | From printer. May be heard in committee March 14. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | AB 285 GALLAGHER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2015 | Assembly 3rd Reading AB285 Gallagher By Nielsen | Senate Floor |
Passed |
|
| Jul 14, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| May 26, 2015 | AB 285 GALLAGHER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 20, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 21, 2015 | Do pass as amended and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A Legal Bridge | ** Support | Aug 27, 2015 |
| A People's Choice | ** Support | Aug 27, 2015 |
| Affordable Wills & Trusts | ** Support | Aug 27, 2015 |
| ASAP Legal, Inc. | ** Support | Aug 27, 2015 |
| California Association of Legal Document Assistants | ** Support | Aug 27, 2015 |
| California Association of Legal Document Assistants [SPONSOR] | ** Support | Jul 14, 2015 |
| California Document Preparers | ** Support | Aug 27, 2015 |
| Individual and Legal Document Assistant letters | ** Support | Jul 14, 2015 |
| Judicial Self-Help Center | ** Support | Aug 27, 2015 |
| National Federation Of Independent Business | ** Support | Aug 27, 2015 |
| Over 40 individual and small business LDAs | ** Support | Apr 21, 2015 |
| Quality Document Preparation Center | ** Support | Aug 27, 2015 |
| Responsive Law | ** Support | Jul 14, 2015 |
| Responsive Law Center | ** Support | Aug 27, 2015 |
| Siskiyou Legal Document Services | ** Support | Aug 27, 2015 |
AB 285
Page 4
CONCURRENCE IN SENATE AMENDMENTS
AB 285
(Gallagher)
As Amended July 2, 2015
Majority vote
ASSEMBLY: |
76-0 |
(May 26, 2015) |
SENATE: |
36-0 |
(August 27, 2015) |
Original Committee Reference: JUD.
SUMMARY: Makes numerous changes to rules governing the registration and business practices of legal document assistants (LDA) and unlawful detainer assistants (UDA). Specifically, this bill:
Require LDAs and UDAs to register with the county clerk in any county in which he or she maintains a branch office, in addition to the county in which his or her principal place of business is located.
Provides that the expiration date of an LDA's registration need not appear in printed solicitations or advertisements, nor on printed papers or documents prepared or used by the registered LDA, including but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings.
Provides that the registered LDA's name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be given to every client prior to providing services, as well as on any Internet Web site maintained by the registrant and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
Requires the county clerk, upon renewal of registration, to assign the LDA the same registration number previously issued, provided there is no lapse of three years or more, and the LDA is seeking renewal in the same county as previously registered. Establishes the same registration rule for UDAs, process servers, and professional photocopiers who register with the county clerk.
Establishes a 15-hour continuing legal education requirement for UDAs and LDAs as a condition of registration and renewal.
Requires the venue for any legal dispute involving a UDA or LDA to be in the county of the client's primary residence, and requires this information to be included in the written contract.
Requires additional oral and written disclosures to prospective clients of LDAs and UDAs, as provided.
Establishes a January 1, 2021, sunset date for these provisions, except for 4) above, regarding assignment of registration numbers.
The Senate amendments:
Repeal secondary registration requirements that require LDAs and UDAs to register in every county in which they do business, and instead require the LDA or UDA to register in any county in which he or she maintains a branch office, in addition to his or her principal place of business.
Provide that after the LDA or UDA makes oral disclosure statements to the consumer as required by existing law, the LDA or UDA must also provide the prospective client with a written "Notice to Consumer", as specified, and have the client sign and date the notice before entering into any contract for services or accepting any compensation.
Require the Notice to Consumer and written contract entered into between an LDA or UDA and a client to include the contact information of the County Clerk's office where the LDA or UDA is registered, including the address, phone number, and Internet Web site, if available, and makes the LDA or UDA responsible for translating the notice to consumer into the language principally used in any oral sales presentation or negotiation.
Authorize the county clerk to assign the same registration number upon renewal of registration for any LDA, UDA, process service, and professional photocopier, provided the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
Require LDAs and UDAs to complete 15 hours of continuing legal education courses, as specified, during the two-year period preceding renewal in order to be eligible to renew registration.
Establish a sunset date of January 1, 2021, for these provisions, and would repeal them on that date unless a later enacted statute is enacted before that date to delete or extend that sunset.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Chapter 5.5 of Division 3 of the Business and Professions Code (commencing with Section 6400) (Chapter 5.5) regulates both LDAs and UDAs. Although they are defined separately in statute, the two groups are currently subject to the same registration and oversight structure provided under Chapter 5.5. This bill, sponsored by the California Association of Legal Document Assistants (CALDA), seeks to update laws regarding the registration of legal document assistants and unlawful detainer assistants.
Generally speaking, LDAs provide legal document preparation and self-help services to the public within parameters established under the Chapter. LDAs may not provide any self-help service for compensation unless registered in the county of his or her principal place of business, and any other county in which he or she serves clients. The term "self-help services" defines the activities that registered LDAs are specifically authorized to perform, namely: 1) completing legal documents in a ministerial manner, selected by a self-represented person, by typing or otherwise completing the documents at the person's specific direction; 2) 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 self-representation; 3) making published legal documents available to a person who is representing himself or herself in a legal matter; and 4) filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
Requirements establishing county of registration and venue. Existing law requires an LDA or UDA to register in the county of his or her principal place of business (i.e. primary registration.) If the LDA or UDA also provides services to clients in other counties, the LDA or UDA is also required to register in those counties (i.e. secondary registration.) Proponents contend that secondary registration requirements are an unnecessary burden on LDAs who wish to do business at the state level, but are restricted due to burdensome process of registering in every county. They contend that current registration law is outdated because it was established before the advent of the Internet, which is one of the primary ways that LDAs now connect with prospective clients to obtain business. Accordingly, this bill would repeal secondary registration requirements and allow LDAs and UDAs to register only in the county in which his or her principal place of business is located, and in which he or she maintains a branch office. In addition, to ensure that clients are able to effectively pursue claims against an LDA or UDA, this bill would establish that the venue for any dispute between a client and an LDA or UDA must be in the county where the client primarily resides. In this way, this bill seeks to balance the interconnectivity of professionals and clients, while maintaining appropriate client protection and convenience through judicial review in the county in which the client resides, rather than the county in which the LDA or UDA principally performs his or her business. This bill maintains the requirement to disclose the county of registration and registration number, and would also require the LDA or UDA to provide written notice of the venue requirement in the written contract with the client to ensure the client is aware of his or her rights.
Providing consumer disclosures and registration information. Under existing law, LDAs are required to disclose their registration information, business address, telephone number, and registration expiration date on all business materials, such as sales brochures, forms, ink stamps, and checks. According to proponents, inclusion of the expiration date on all materials used by the LDA (checks, ink stamps, brochures, and other such collateral) is unduly burdensome and cost prohibitive to LDAs because those materials must be thrown out and repurchased at every renewal once they show the expired registration date. Proponents contend that it is reasonable to continue to mandate that other registration information be provided on work materials, but it is not necessary to require the registration expiration date on materials, as long as the expiration date appears on the written contract for services that is required to be provided to every client of the LDA. Accordingly, this bill seeks to provide an appropriate balance between the cost of doing business as an LDA or UDA and client protection by removing the two-year reprinting requirement currently undertaken by an LDA or UDA after each registration renewal. In addition, to address concerns raised by the Western Center on Law and Poverty, this bill was recently amended to revise and expand written disclosure requirements for contracts, consumer notices, Internet Web sites, and electronic forms used by LDAs and UDAs in order to ensure greater transparency to their prospective clients.
Assignment of the same registration number. Existing law requires the county clerk, upon renewal of registration, to assign a new registration number to the LDA if the renewal is late or registration has for some reason lapsed, even if the period of non-renewal is entirely voluntary. According to proponents, requiring the issuance of a new registration number is unduly burdensome and serves only to increase costs by forcing LDAs to reorder stamps, stationary, business cards, and other promotional materials to reflect the new number. This bill would simply require the county clerk, upon renewal of registration, to assign the same registration number, provided there is no lapse of three years or more, and the LDA is seeking renewal in the same county as previously registered. Proponents contend this change would bring this provision more closely in line with professions like engineers, lawyers, and contractors, while helping protect consumers by making it easier to track the history of individual LDAs should the need arise to investigate any case of alleged misconduct.
Continuing education requirements. In order for an LDA or UDA to renew his or her registration, this bill would require the registrant to complete 15 hours of continuing legal education (CLE) courses during the two-year period preceding renewal. This bill would also require the LDA or UDA to provide a statement in the renewal application that he or she has completed the required courses. In support of this requirement, proponents contend that it is essential for LDAs and UDAs to constantly update their skills and knowledge base in the areas in which they provide assistance to their clients, and that mandatory CLE will protect the consumer by ensuring the quality of their work.
Sunset date of 2021. Recent amendments to this bill also establish a sunset date of January 1, 2021, for all of these provisions, with the exception of the provisions regarding assignment of registration numbers. The sunset date will allow the Legislature evaluate the effect of these proposed changes after they have been in operation for a total of five years.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0001513
AB 285
Page 8
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 285
Amended: 7/2/15 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote
SUBJECT: Professions and vocations: registration
SOURCE: California Association of Legal Document Assistants
DIGEST: This bill, until January 1, 2021, repeals all secondary county registration requirements for unlawful detainer assistants (UDAs) and legal document assistants (LDAs), establishes a 15-hour continuing legal education requirement for UDA and LDA registration and renewal, provides additional oral and written client disclosures, and provides that the venue for any disputes involving a UDA or LDA would be in the county of the client’s primary residence. This bill also authorizes a county clerk to assign the same registration number to a UDA, LDA, process server, and professional copier renewing his or her registration as long as the registration has not lapsed for three or more years.
Existing law:
Prescribes registration, business practices, client disclosures, and education requirements for LDAs and UDAs.
Defines an LDA as a person, corporation, partnership, association, or other entity that employs or contracts with any person, unless otherwise exempt, who provides or assists in providing, for compensation, any self-help service to another person who is self-represented in a legal matter.
Prohibits LDAs from providing any kind of advice, explanation, opinion, or recommendation to a client about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
Defines a UDA to mean an individual who, for compensation, renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action.
Requires UDAs and LDAs to be registered with the county clerk in the county in which their principal place of business is located and in any other county in which they perform acts for which registration is required.
Requires an LDA or UDA applicant to provide specified information, including his or her name, age, address, telephone number, felony and misdemeanor convictions, and liability in civil actions, and requires the county clerk to retain the registration application for three years following the expiration date of the application.
Requires LDA or UDA applicants to pay a $175 fee to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration or renewal of registration, and requires the LDA or UDA registration applicant to include with the registration application a $25,000 bond (for individuals) or, if the applicant is a partnership or corporation, a bond for $25,000 for one to four LDAs or UDAs, $50,000 for five to nine assistants, or $100,000 for 10 or more assistants.
Makes a certificate of registration effective for two years, until the date the bond expires, or until the total number of LDAs and UDAs employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first.
Requires the county clerk to maintain a register of LDAs, and a register of UDAs, assign a unique number to each LDA, or UDA, and issue an identification card to each one; upon renewal of registration, the same number is assigned, provided there is no lapse in the period of registration.
Requires a registered LDA or UDA to include his or her name, business address, telephone number, registration number, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings.
Requires the registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration to appear on the written contract required to be provided to a client, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
Requires every LDA or UDA who enters into a contract or agreement with a client to provide services, prior to providing any services, to provide the client with a written contract containing specified provisions.
Specifies that the failure of an LDA or UDA to provide the required contract information makes the contract or agreement for services voidable at the option of the client; upon the voiding of the contract, the LDA or UDA is required to immediately return in full any fees paid by the client.
Provides the client the right to rescind the contract within 24 hours of the signing of the contract, and the client may cancel the contract by giving the LDA or the UDA any written statement to the effect that the contract is canceled.
Makes it unlawful for any LDA or UDA, in the first in-person or telephonic solicitation of a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA states orally, clearly, affirmatively and expressly, specified information.
Makes it unlawful, if the first contact between an LDA or UDA and a prospective client is initiated by the prospective client, for the LDA or UDA to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA states orally, clearly, affirmatively and expressly, during that first contact, and before offering any contract or agreement for services to the prospective client, specified information.
Prescribes registration and registration renewal requirements for process servers, and defines a process server as any natural person that makes, for compensation, more than 10 services of process in California during a calendar year, and any corporation that derives compensation from service of process within California.
Prescribes registration and registration renewal requirements for professional photocopiers, and defines a professional photocopier to mean any person who, for compensation, obtains or reproduces documents pertaining to personal medical information, personal identifying information, or business records.
Requires process servers and professional photocopiers to register with the county clerk of the county in which they reside or have a principal place of business.
Requires the county clerk to retain a certificate of registration of a process server for a period of three years following the expiration date of the certificate or retain an application for registration of a professional photocopier for three years following the expiration date of the application.
This bill:
Repeals the requirement for an LDA or UDA to also register in any other county in which he or she performs acts for which registration is required (secondary registration), make conforming changes in several code sections, and, require the LDA or UDA to register in any county in which he or she maintains a branch office.
Requires the registrant, to be eligible to renew registration, to complete 15 hours of continuing legal education courses, as specified, during the two-year period preceding renewal.
Repeals the requirement that the application for registration indicate whether the registration was primary or secondary, and, instead, requires an application for renewal of registration to include a statement by the applicant that he or she has completed the 15-hour legal education courses prescribed under this bill.
Requires a registered LDA or UDA to provide his or her name, business address, telephone number, registration, and county of registration in on any printed papers or documents prepared or used by the registrant, but no longer requires the expiration date of the registration to be provided in any solicitation or advertisement, or on any printed papers or documents.
Requires the venue for an action arising out of a dispute between an LDA or UDA and his or her client to be the county in which the client has his or her primary residence, and requires a written contract entered into on or after January 1, 2016, between an LDA or UDA and a client to contain a statement that the venue for an action arising out of a dispute between an LDA or UDA and his or her client shall be the county in which the client has his or her primary residence.
Makes it unlawful for any LDA or UDA, in the first contact with a prospective client, to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA orally states to the prospective client specified information, including the county in which the LDA or UDA is registered and his or her registration number and expiration date of the registration.
Makes it unlawful for an LDA or UDA, after he or she makes the required oral consumer notification statements, to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA also provides the client with a written notice to consumer, and requires the LDA or UDA to ask the prospective client to sign and date the notice.
Requires, if the first contact between the LDA or UDA and the client is not in person, the written notice to consumer to be provided to the prospective client at the first in person meeting or mailed to the prospective client before entering into a contract or agreement for services or accepting any compensation.
Requires the LDA’s or UDA’s notice to consumer and written contract entered into between an LDA or UDA and a client to include the contact information of the County Clerk’s office where the LDA or UDA is registered, including the address, phone number, and Internet Web site, if available.
Makes the LDA or UDA responsible for translating the notice to consumer into the language principally used in any oral sales presentation or negotiation.
Makes the above provisions regarding LDAs and UDAs effective only until January 1, 2021, unless a later enacted statute is enacted before that date to delete or extend that sunset.
Authorizes the county clerk to assign the same registration number upon renewal of LDA, UDA, process service, and professional photocopier registration, provided the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
Background
LDAs and UDAs provide, for compensation, self-help assistance to members of the public who are representing themselves in legal matters. LDAs and UDAs are prohibited from providing legal advice or opinion, but they are permitted to prepare legal documents; provide attorney-authored general information and published legal documents; and file and serve documents at the direction of the client.
LDAs and UDAs are subject to comprehensive registration, bonding, and business practice requirements to ensure that clients are protected from unscrupulous legal document preparers. LDAs and UDAs are required to register in the county of their primary place of business (primary registration) and in each additional county in which they provide services (secondary registration). County clerks are responsible for reviewing the applications of and registering LDAs and UDAs. Among their duties, clerks are responsible for ensuring that registrants receive identification cards and comply with the prerequisites for registration. Clerks are also responsible for maintaining a register, assigning a number, and issuing identification cards to process servers (individuals who serve legal documents) and professional photocopiers (services that receive or copy personal medical information, personal identifying information, or business records, including legal documents).
This bill repeals the secondary county registration requirements of LDAs and UDAs and requires additional education and client disclosures. This bill also authorizes county clerks to assign the same registration number to LDAs, UDAs, process servers, and professional photocopiers if the registration has not lapsed for three or more years.
Comments
The author writes:
AB 285 brings common-sense changes to the registration requirements of Legal Document Assistants to modernize the profession and bring it in line with similar businesses and professions. Legal Document Assistants are key providers of crucial legal services to underserved populations. It is important to make these changes to clear up unnecessary and onerous requirements, while leaving crucial consumer protections in place.
Prior Legislation
AB 620 (Perez, Chapter 458, Statutes of 2009) provided county clerks with flexibility to issue identification cards that take advantage of new security features, and clarified rules pertaining to identification cards for corporations and partnerships of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers. It also required that applications for professional photocopiers be signed under penalty of perjury, as is already required for related professions.
AB 935 (Committee on Business & Professions, Chapter 402, Statutes of 2007), among other things, established a three-year retention period for applications and certificates of registration of process servers, professional copiers, unlawful detainer assistants, and legal document assistants filed with the county clerk.
AB 1698 (Committee on Judiciary, Chapter 1018, Statutes of 2002) repealed the legal document assistant pilot program regulations and replaced it with a permanent and more comprehensive set of regulations.
SB
1418 (Rosenthal, Chapter 1079, Statutes of 1998) established a
four-year pilot project regulating the business and registration of
legal document assistants, with a sunset date of January 1, 2003.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Association of Legal Document Assistants (source)
A Legal Bridge
A People’s Choice
Affordable Wills & Trusts
ASAP Legal, Inc.
California Document Preparers
Judicial Self-Help Center
Quality Document Preparation Center
National Federation of Independent Business
Responsive Law Center
Siskiyou Legal Document Services
33 Individuals
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by: Tara Welch / JUD. / (916) 651-4113
8/18/15 17:19:42
**** END ****
AB 285 (Gallagher)
Page 12 of 12
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 285 (Gallagher)
Version: July 2, 2015
Hearing Date: July 14, 2015
Fiscal: Yes
Urgency: No
TMW
SUBJECT
Professions and vocations: registration
DESCRIPTION
This bill, until January 1, 2021, would repeal all secondary county registration requirements for unlawful detainer assistants (UDAs) and legal document assistants (LDAs), establish a 15-hour continuing legal education requirement for UDA and LDA registration and renewal, provide additional oral and written client disclosures, and provide that the venue for any disputes involving a UDA or LDA would be in the county of the client’s primary residence. This bill would also authorize a county clerk to assign the same registration number to a UDA, LDA, process server, and professional copier renewing his or her registration as long as the registration has not lapsed for three or more years.
BACKGROUND
Under California law, certain types of legal services can be performed by legal document assistants (LDAs) or unlawful detainer assistants (UDAs). Legal document and unlawful detainer assistants provide, for compensation, self-help assistance to members of the public who are representing themselves in legal matters. LDAs and UDAs are prohibited from providing legal advice or opinion, but they are permitted to prepare legal documents; provide attorney-authored general information and published legal documents; and file and serve documents at the direction of the client.
LDAs and UDAs are subject to comprehensive registration, bonding, and business practice requirements to ensure that clients are protected from unscrupulous legal document preparers. LDAs and UDAs are required to register in the county of their primary place of business (primary registration) and in each additional county in which they provide services (secondary registration). County clerks are responsible for reviewing the applications of and registering LDAs and UDAs. Among their duties, clerks are responsible for ensuring that registrants receive identification cards and comply with the prerequisites for registration. Clerks are also responsible for maintaining a register, assigning a number, and issuing identification cards to process servers (individuals who serve legal documents) and professional photocopiers (services that receive or copy personal medical information, personal identifying information, or business records, including legal documents).
This bill would repeal the secondary county registration requirements of LDAs and UDAs and require additional education and client disclosures. This bill would also authorize county clerks to assign the same registration number to LDAs, UDAs, process servers, and professional photocopiers if the registration has not lapsed for three or more years.
CHANGES TO EXISTING LAW
Existing law prescribes registration, business practices, client disclosures, and education requirements for legal document assistants (LDAs) and unlawful detainer assistants (UDAs). (Bus. & Prof. Code Sec. 6400 et seq.)
Existing law defines a legal document assistant (LDA) as a person, corporation, partnership, association, or other entity that employs or contracts with any person, unless otherwise exempt, who provides or assists in providing, for compensation, any self-help service to another person who is self-represented in a legal matter. (Bus. & Prof. Code Sec. 6400(c).) Existing law prohibits LDAs from providing any kind of advice, explanation, opinion, or recommendation to a client about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
Existing law defines an unlawful detainer assistant (UDA) to mean an individual who, for compensation, renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action. (Bus. & Prof. Code Sec. 6400 (a).)
Existing law requires UDAs and LDAs to be registered with the county clerk in the county in which their principal place of business is located and in any other county in which they perform acts for which registration is required. (Bus. & Prof. Code Sec. 6402.)
Existing law requires an LDA or UDA applicant to provide specified information, including his or her name, age, address, telephone number, felony and misdemeanor convictions, and liability in civil actions. (Bus. & Prof. Code Sec. 6403(a), (c).) Existing law requires the county clerk to retain the registration application for three years following the expiration date of the application. (Bus. & Prof. Code Sec. 6403(e).)
Existing law requires LDA or UDA applicants to pay a $175 fee to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration or renewal of registration. (Bus. & Prof. Code Sec. 6404.)
Existing law requires the LDA or UDA registration applicant to include with the registration application a $25,000 bond (for individuals) or, if the applicant is a partnership or corporation, a bond for $25,000 for one to four LDAs or UDAs, $50,000 for five to nine assistants, or $100,000 for 10 or more assistants. (Bus. & Prof. Code Sec. 6405(a).) Existing law requires the bond to be made in favor of the State of California for the benefit of any person who is damaged as a result of a violation of the LDA or UDA statutes or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered as an LDA. (Bus. & Prof. Code Sec. 6405(h).)
Existing law makes a certificate of registration effective for two years, until the date the bond expires, or until the total number of LDAs and UDAs employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. (Bus. & Prof. Code Sec. 6406(a).) Existing law, if the county clerk finds that an applicant has failed to demonstrate having met the requisite requirements to obtain registration, requires the county clerk to return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal. (Bus. & Prof. Code Sec. 6406(c).)
Existing law requires the county clerk to maintain a register of LDAs, and a register of UDAs, assign a unique number to each LDA, or UDA, and issue an identification card to each one. (Bus. & Prof. Code Sec. 6407(a).) Upon renewal of registration, the same number is assigned, provided there is no lapse in the period of registration. (Id.) Existing law prescribes the size of and information contained on the identification card. (Bus. & Prof. Code Sec. 6407(b).)
Existing law requires a registered LDA or UDA to include his or her name, business address, telephone number, registration number, and county of registration in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings. The registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form. (Bus. & Prof. Code Sec. 6408.)
Existing law requires every LDA or UDA who enters into a contract or agreement with a client to provide services, prior to providing any services, to provide the client with a written contract, the contents of which shall be prescribed by regulations adopted by the Department of Consumer Affairs, and requires the written contract to include all of the following provisions:
the services to be performed;
the costs of the services to be performed;
a statement, on the face of the contract in 12-point boldface type, that the legal document assistant or unlawful detainer assistant is not an attorney and may not perform the legal services that an attorney performs;
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;
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 he or she has been a victim of fraud, the unauthorized practice of law, or any other injury; and
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. (Bus. & Prof. Code Sec. 6410(a), (b).)
Existing law requires the contract to 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, and 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. (Bus. & Prof. Code Sec. 6410(c).)
Existing law specifies that the failure of an LDA or UDA to provide the required contract information makes the contract or agreement for services voidable at the option of the client; upon the voiding of the contract, the LDA or UDA is required to immediately return in full any fees paid by the client. (Bus. & Prof. Code Sec. 6410(d).)
Existing law, in addition to any other right to rescind, provides the client the right to rescind the contract within 24 hours of the signing of the contract, and the client may cancel the contract by giving the LDA or the UDA any written statement to the effect that the contract is canceled. If the client gives notice of cancellation by mail addressed to the LDA or UDA, with first-class postage prepaid, cancellation is effective upon the date indicated on the postmark, and, upon the voiding or rescinding of the contract or agreement for services, the LDA or UDA is required to 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. (Bus. & Prof. Code Sec. 6410(e).)
Existing law makes it unlawful for any legal document assistant or unlawful detainer assistant, in the first in-person or telephonic solicitation of a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions:
the identity of the person making the solicitation;
the trade name of the person represented by the person making the solicitation, if any;
the kind of services being offered for sale; and
the statement: “I am not an attorney” and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, “[name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.” (Bus. & Prof. Code Sec. 6410.5(a).)
Existing law, if the first contact between an LDA or UDA and a prospective client is initiated by the prospective client, makes it unlawful for the LDA or UDA to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA states orally, clearly, affirmatively and expressly, during that first contact, and before offering any contract or agreement for services to the prospective client, the following: “I am not an attorney [and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, “[name] is not a law firm.”] [I/We] cannot (1) represent you in court, (2) advise you about your legal rights or the law, or (3) select legal forms for you.” (Bus. & Prof. Code Sec. 6410.5(b).) Existing law allows, after making this statement, and before offering the prospective client a contract or agreement for services, an LDA or UDA who has made the statement to ask the prospective client to read the “Notice to Consumer,” as provided by statute, and after allowing the prospective client time to read the notice, to ask the prospective client to sign and date the notice. (Id.)
Existing law prescribes registration and registration renewal requirements for process servers. (Bus. & Prof. Code Sec. 22355.)
Existing law defines a process server as any natural person that makes, for compensation, more than 10 services of process in California during a calendar year, and any corporation that derives compensation from service of process within California. (Bus. & Prof. Code Sec. 22350.)
Existing law prescribes registration and registration renewal requirements for professional photocopiers. (Bus. & Prof. Code Sec. 22457.)
Existing law defines a professional photocopier to mean any person who, for compensation, obtains or reproduces documents pertaining to personal medical information, personal identifying information, or business records. (Bus. & Prof. Code Sec. 22450.)
Existing law requires process servers and professional photocopiers to register with the county clerk of the county in which they reside or have a principal place of business. (Bus. & Prof. Code Secs. 22350 et seq., 22450 et seq.)
Existing law requires the county clerk to retain a certificate of registration of a process server for a period of three years following the expiration date of the certificate or retain an application for registration of a professional photocopier for three years following the expiration date of the application. (Bus. & Prof. Code Secs. 22351(c), 22452(c).)
This bill would repeal the requirement for an LDA or UDA to also register in any other county in which he or she performs acts for which registration is required (secondary registration), make conforming changes in several code sections, and, require the LDA or UDA to register in any county in which he or she maintains a branch office.
This bill, to be eligible to renew registration, would require the registrant to complete 15 hours of continuing legal education courses, as specified, during the two-year period preceding renewal.
This bill would repeal the requirement that the application for registration indicate whether the registration was primary or secondary, and, instead, require an application for renewal of registration to include a statement by the applicant that he or she has completed the 15-hour legal education courses prescribed under this bill.
This bill would require a registered LDA or UDA to provide his or her name, business address, telephone number, registration, and county of registration in on any printed papers or documents prepared or used by the registrant, but no longer require the expiration date of the registration to be provided in any solicitation or advertisement, or on any printed papers or documents. This bill would require the above information to also appear on the written contract that must be provided to a client, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
This bill would require the venue for an action arising out of a dispute between an LDA or UDA and his or her client to be the county in which the client has his or her primary residence, and require a written contract entered into on or after January 1, 2016, between an LDA or UDA and a client to contain a statement that the venue for an action arising out of a dispute between an LDA or UDA and his or her client shall be the county in which the client has his or her primary residence.
This bill would make it unlawful for any LDA or UDA, in the first contact with a prospective client, to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA orally states to the prospective client specified information, including the county in which the LDA or UDA is registered and his or her registration number and expiration date of the registration.
This bill, after the LDA or UDA makes the required oral consumer notification statements, would make it unlawful for an LDA or UDA to enter into a contract or agreement for services or accept any compensation unless the LDA or UDA also provides the client with a written notice to consumer, and requires the LDA or UDA to ask the prospective client to sign and date the notice.
This bill, if the first contact between the LDA or UDA and the client is not in person, would require the written notice to consumer to be provided to the prospective client at the first in person meeting or mailed to the prospective client before entering into a contract or agreement for services or accepting any compensation.
This bill would require the LDA’s or UDA’s notice to consumer and written contract entered into between an LDA or UDA and a client to include the contact information of the County Clerk’s office where the LDA or UDA is registered, including the address, phone number, and Internet Web site, if available.
This bill would make the LDA or UDA responsible for translating the notice to consumer into the language principally used in any oral sales presentation or negotiation.
This bill would add to the statutory Notice to Consumer that the LDA or UDA is registered in the specified county, registration number, and expiration date and a statement that the prospective client can confirm the LDA’s or UDA’s registration by contacting the office of the county clerk where the LDA or UDA is registered at the appropriate county clerk’s phone number, address, or Internet Web site to be provided by the LDA or UDA.
This bill would make the above provisions regarding LDAs and UDAs effective only until January 1, 2021, unless a later enacted statute is enacted before that date to delete or extend that sunset.
This bill would authorize the county clerk to assign the same registration number upon renewal of LDA, UDA, process service, and professional photocopier registration, provided the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
COMMENT
1. Stated need for the bill
The author writes:
AB 285 brings common-sense changes to the registration requirements of Legal Document Assistants to modernize the profession and bring it in line with similar businesses and professions. Legal Document Assistants are key providers of crucial legal services to underserved populations. It is important to make these changes to clear up unnecessary and onerous requirements, while leaving crucial consumer protections in place.
2. Revising LDA and UDA disclosures to consumers
Existing law requires LDAs and UDAs to provide his or her registration number and registration expiration date on any solicitation or advertisement, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings. This bill would remove the expiration date provision from any printed papers or documents, but, if the LDA or UDA maintains an Internet Web site, would require the expiration date to be included on that Internet Web site and any document in electronic form. This bill would also require the expiration date to be provided in the Notice to Consumer provided to a prospective client, be provided orally or in writing when soliciting a client, and any written contract with the client.
The National Federation of Independent Business (NFIB), in support, states that “[t]he [LDA] profession was created by the Legislature to provide critical legal document support for those who cannot afford the high legal fees of other professionals. Unfortunately the LDA registration process has proven to be overbearing and challenging for these small business owners, and is a huge disincentive for people to enter into this important line of work. Unlike other similar professions like notaries or paralegals, the law requires LDAs to include the expiration date of their registration on all legal documents, while requiring them to re-register every two years whereupon they receive a new registration number. This means that they must re-purchase new documents, stamps, etc., every time their registration is renewed. The inclusion of an expiration date on the legal documents serves no legitimate purpose in consumer protection. Current law imposes a burden on one profession that similar professions do not bear.”
The California Association of Legal Document Assistants (CALDA), sponsor, states that “requiring that all work related materials have to include the registration expiration date is an undue burden on LDAs. This requirement is unnecessarily duplicative for every document, but should continue to be included in the required Contract for Self Help Services we use in our daily work.” CALDA further asserts that this bill “will make registration and the LDA practice more cost and time effective, which will in turn aid low-income clients who cannot afford the rising cost of attorney’s fees and frequently need LDA services.”
The author points to a study by the Responsive Law Center, which found that “Californians are increasingly unable to afford legal help. The average Californian must work 20 hours to pay for just one hour of an attorney’s time” (based on a pre-tax income of $29,630 and attorney billing rate of $250/hour). The author argues that LDAs play an important role in providing access to justice through assisting self-represented parties with document preparation and other tasks, but, unfortunately, regulatory burdens discourage many LDAs from expanding and becoming more accessible. The bill seeks to provide an appropriate balance between the cost of doing business as an LDA or UDA and client protection by removing the two-year reprinting requirement currently undertaken by an LDA or UDA after each registration renewal, and establishing new written contract, consumer notice, Internet Web site, and electronic form disclosure requirements, which would include the expiration date of the registration. Further, to address concerns raised by the Western Center on Law and Poverty, this bill was recently amended to clarify the oral statement, written notice to consumer, and contract provisions, and to add a sunset of the LDA and UDA provisions specified under this bill in order to provide additional consumer protections.
3. Providing venue for client actions against LDAs and UDAs in lieu of multi-county registration
Existing law requires an LDA or UDA to register in the county of his or her principal place of business, which is considered the primary registration. If the LDA or UDA also provides services to clients in other counties, the LDA or UDA is also required to register in those counties, which is considered the secondary registration(s).
Notably, the current registration requirement was written before the advent of the Internet, which is used by many professionals and businesses to solicit services and provide information to prospective clients. The author argues that by current law, anyone with an Internet Web site should presumably register in all counties, or refuse business in counties in which they are not registered. Yet, the author points out, similar professions, including process servers and notaries, are not subject to such a requirement. Further, CALDA argues that the primary and secondary registration requirements are an unnecessary burden on LDAs who wish to do business at the state level, but are restricted due to the time consuming process of registering in every single county.
This bill seeks to update existing law to provide for the solicitation of services of UDAs and LDAs by allowing an LDA or UDA to register only in the county in which her principal place of business is located, and in which he or she maintains a branch office. In order to ensure that clients are able to effectively pursue claims against an LDA or UDA, if needed, this bill would establish that the venue for any dispute between a client and an LDA or UDA must be in the county where the client primarily resides. In this way, this bill seeks to balance the interconnectivity of professionals and clients, while maintaining appropriate client protection and convenience through judicial review in the county in which the client resides, rather than the county in which the LDA or UDA principally performs his or her business. This bill maintains the requirement to disclose the county of registration and registration number, and would also require the LDA or UDA to provide written notice of the venue requirement in the written contract with the client to ensure the client is aware of his or her rights.
4. Registration number continuity
Rather than reassigning a new registration number to an LDA or UDA at each registration renewal, this bill would authorize the county clerk to assign the same registration number to the LDA or UDA, provided the registration has not lapsed for three or more years.
The author argues that this number reassignment requirement is problematic for several reasons: “First, requiring a new registration number serves only to increase costs to LDAs by forcing providers to reorder stamps, stationary, business cards, and other promotional materials. Additionally, multiple registration numbers make it more difficult to track the history of nefarious individuals and is deceptive to the public as to how long the registrant has been practicing.” The author contends that allowing LDAs and UDAs to keep their original registration numbers after periods of non-renewal, provided there is not a lapse of three or more years, would bring this requirement more closely in line with similar professions (lawyers, contractors, engineers, medical professionals, private investigators, CPAs, and tax preparers) who maintain their original registration numbers, even after voluntary periods of non-practice.
Further, county clerks do not want to maintain applications for an undefined amount of time to comply with this provision, so this bill would limit the lapse provision to three years, which is consistent with the current county clerk record retention requirement. To maintain consistency, this bill also allows county clerks to assign the same registration number to process servers and professional photocopiers if there is no lapse in registration for three or more years.
5. Increased education requirements
In order for an LDA or UDA to renew his or her registration, this bill would require an LDA or UDA to complete 15 hours of continuing legal education (CLE) courses during the two-year period preceding renewal. This bill would also require the LDA or UDA to provide a statement in the renewal application that he or she has completed the required courses.
In support of this provision, the author argues that legal documents are constantly being updated, and with the vast growing of self-represented litigants needing assistance in representing themselves, it is essential for the LDA or UDA to constantly update his or her skills and knowledge base in the areas in which he or she provides assistance to clients. The author asserts that one way this can be done is through CLE. The author contends that mandatory CLE will protect the consumer by ensuring the quality of the legal professional’s work. Furthermore, a well-trained LDA and UDA workforce will be well-equipped to deliver access to justice for Californians who cannot afford the cost of traditional legal services. Notably, CLE requirements established under this bill are nearly double the required 8 hours necessary for paralegals.
Support: A Legal Bridge; A People’s Choice; Affordable Wills & Trusts; ASAP Legal, Inc.; California Document Preparers; Judicial Self-Help Center; Quality Document Preparation Center; National Federation of Independent Business; Responsive Law Center; Siskiyou Legal Document Services; 33 Individuals
Opposition: None Known
HISTORY
Source: California Association of Legal Document Assistants
Related Pending Legislation: None Known
Prior Legislation:
AB 620 (Perez, Chapter 458, Statutes of 2009) provided county clerks with flexibility to issue identification cards that take advantage of new security features, and clarified rules pertaining to identification cards for corporations and partnerships of legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers. It also required that applications for professional photocopiers be signed under penalty of perjury, as is already required for related professions.
AB 935 (Committee on Business & Professions, Chapter 402, Statutes of 2007), among other things, established a three-year retention period for applications and certificates of registration of process servers, professional copiers, unlawful detainer assistants, and legal document assistants filed with the county clerk.
AB 1698 (Committee on Judiciary, Chapter 1018, Statutes of 2002) repealed the legal document assistant pilot program regulations and replaced it with a permanent and more comprehensive set of regulations.
SB 1418 (Rosenthal, Chapter 1079, Statutes of 1998) established a four-year pilot project regulating the business and registration of legal document assistants, with a sunset date of January 1, 2003.
Prior Vote:
Assembly Floor (Ayes 76, Noes 0)
Assembly Appropriations Committee (Ayes 15, Noes 0)
Assembly Local Government Committee (Ayes 9, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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AB 285
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 285
(Gallagher) – As Amended April 23, 2015
Policy Committee: |
Judiciary |
Vote: |
10 - 0 |
|
Local Government |
|
9 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill makes minor changes to the laws governing the registration of legal document assistants (LDAs). Specifically, this bill:
Repeals the requirement that a registered LDA must display the expiration date of his or her registration on printed solicitation, papers, documents, and other printed materials, but does require the expiration date continue to appear on the written contracts required to be provided to a client, as well as on any website maintained by the LDA and in any solicitation, advertisement, document, or correspondence prepared or used by the LDA in electronic form.
Requires the county clerk to assign the same number upon renewal of registration to each legal document assistant (LDA) or unlawful detainer assistant (UDA) instead of requiring a new number to be assigned in the event of a lapse in the period of registration.
FISCAL EFFECT:
Any additional costs to county clerks should be minor and absorbable.
COMMENTS:
Background. LDAs provide legal document preparation and self-help services to the public within defined parameters. LDAs may not provide any self-help service for compensation, unless registered in the county of their principal place of business, and any other county in which they serve clients. The term "self-help services" defines the activities that registered LDAs are specifically authorized to perform, which include completing legal documents in a ministerial manner and making published legal documents available to a person who is representing himself or herself in a legal matter.
Purpose. This bill, sponsored by the California Association of Legal Document Assistants (CALDA), seeks modest changes to laws regarding the registration of LDAs, particularly disclosure rules that require LDAs to display certain registration information on all of their business materials and documents. First, the bill repeals the requirement that a registered LDA must display the expiration date of his or her registration on printed solicitation, papers, documents, and other printed materials, with exception of the written contract for services that must be provided to each client, as well as on any website maintained by the LDA and documents, correspondence or materials that are in electronic rather than printed form. Second, the bill would allow LDAs to keep the same registration number after periods of non-renewal. Proponents, including the National Federation of Independent Businesses (NFIB), contend that both changes are needed to reduce unnecessary cost burdens on LDAs, namely, by forcing them to regularly purchase new written materials and discard old materials whenever an expiration date or registration number changes.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 285
Page 3
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 285
(Gallagher) – As Amended March 26, 2015
SUBJECT: Legal assistants.
SUMMARY: Makes minor changes to the laws governing the registration of legal document assistants. Specifically, this bill:
Requires the county clerk to assign the same number upon renewal of registration to each legal document assistant (LDA) or unlawful detainer assistant (UDA) instead of requiring a new number to be assigned in the event of a lapse in the period of registration.
Repeals the requirement in existing law that a registered LDA must display the expiration date of his or her registration to appear on printed solicitation, papers, documents, and other printed materials, except for written contracts. Requires, instead, that the registered LDA's name, business address, telephone number, registration number, expiration date of the registration, and county of registration appear on the written contract, required to be provided to a client pursuant to existing law, on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
States that no reimbursement is required by the bill's provisions because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of existing law, or changes the definition of a crime, as specified. Provides that if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.
EXISTING LAW:
Prohibits any LDA, including any LDA employed by a partnership or corporation, from providing any self-help service for compensation, unless the LDA is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required.
Requires an LDA or UDA to register with the county clerk in the county in which his or her principal place of business is located (deemed primary registration), and in any other county in which he or she performs acts for which registration is required (deemed secondary registration). Provides that any registration in a county, other than the county of the person’s place of business, shall state the person’s principal place of business and provide proof that the registrant has satisfied specified bonding requirements.
Requires an applicant to pay a fee of $175 to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration, or renewal of registration.
Requires the county clerk to maintain a register of LDAs and UDAs, assign a unique number to each LDA or UDA, and issue an identification card to each one. Provides that upon renewal of registration, the same number shall be assigned, provided there is no lapse in the period of registration.
Requires the registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration to appear in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings.
Requires every LDA or UDA who enters into a contract or agreement with a client, prior to providing any services, to provide the client with a written contract that meets certain criteria and contains specified statements and disclaimers.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
Legal Document Assistants. Current law regulates both LDA and UDAs. AB 1573 (Burton), Chapter 1011, Statutes of 1993, established registration, bonding requirements, and further regulation for UDAs in order to protect consumers from documented cases of scamming activity involving the unauthorized practice of law in the field of eviction defense. SB 1418 (Rosenthal), Chapter 1079, Statutes of 1998, subsequently established registration, bonding requirements, and regulation of LDAs.
LDAs provide legal document preparation and self-help services to the public within defined parameters. LDAs may not provide any self-help service for compensation, unless registered in the county of his or her principal place of business, and any other county in which he or she serves clients. The term "self-help services" defines the activities that registered LDAs are specifically authorized to perform, which include completing legal documents in a ministerial manner and making published legal documents available to a person who is representing himself or herself in a legal matter.
Bill Summary. This bill makes modest changes to the laws governing the registration of LDAs.
Current law requires the county clerk, upon renewal of registration, to assign a new registration number to the LDA if the renewal is late or registration has for some reason lapsed, even if the period of non-renewal is entirely voluntary. This bill would require the county clerk, upon renewal of registration, to assign the same registration number, including in instances where renewal is sought after a lapse in registration.
Current law requires LDAs to disclose their registration information, business address, telephone number, and registration expiration date on all business materials, such as sales brochures, forms, ink stamps, and checks. This bill repeals the requirement that a registered LDA must display the expiration date of his or her registration on printed solicitation, papers, documents, and other printed materials, with exception of the written contract for services that must be provided to each client. This bill preserves the requirement to disclose the registration expiration date by requiring it to appear on the LDA's website and other papers and documents used by the LDA in electronic form, where technology allows materials to be easily updated without having to discard or reprint entire new batches of business materials.
This bill is sponsored by the California Association of Legal Document Assistants.
Author's Statement. According to the author, "This bill brings common-sense changes to the registration requirements of LDAs to modernize the profession and bring it in line with similar businesses and professions. LDAs are key providers of crucial legal services to underserved populations. It is important to make these changes to clear up unnecessary and onerous requirements, while leaving crucial consumer protections in place."
Arguments in Support. Supporters argue that requiring the issuance of a new registration number is unduly burdensome and serves only to increase costs by forcing LDAs to reorder stamps, stationery, business cards, and other promotional materials to reflect the new number. Supporters contend this change would bring requirements more closely in line with professions like engineers, lawyers, contractors, real estate agents, accountants and tax preparers, who maintain their original assigned registration numbers even when renewing after a voluntary period of non-practice.
Arguments in Opposition. None on file.
Double-Referral. This bill was heard in the Judiciary Committee on April 21, 2015, where it passed with a 10-0 vote to the Local Government Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Legal Document Assistants [SPONSOR]
National Federation of Independent Business
Responsive Law
Individual and Legal Document Assistant letters (47)
Opposition
None on file
Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958
AB 285
Page 6
Date of Hearing: April 21, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 285
(Gallagher) – As Amended March 26, 2015
As Proposed to be Amended
SUBJECT: LEGAL DOCUMENT ASSISTANTS
KEY ISSUE: IN ORDER TO REDUCE OPERATING COSTS ASSOCIATED WITH REGULAR REPLACEMENT OF THEIR PRINTED MATERIALS, SHOULD LEgal document assistants be PERMITTED TO DO THE FOLLOWING: (1) OMIT THEIR REGISTRATION EXPIRATION DATE FROM APPEARING on all PRINTED WORK-RELATED PAPERS AND DOCUMENTS, except a contract for services; and (2) keep the same county-issued registration number, even after THEIR REGISTRATION lapseS or IS NOT RENEWED?
SYNOPSIS
Legal document assistants (LDAs) provide legal document preparation and self-help services to the public within parameters established under consumer protection legislation established in the early 1990's. Under existing law, LDAs may not provide any self-help service for compensation unless registered in the county of his or her principal place of business, and any other county in which he or she serves clients. The types of services that LDAs are authorized to perform include: (1) completing legal documents in a ministerial manner, selected by a self-represented person, by typing or otherwise completing the documents at the person’s specific direction; (2) making published legal documents available to a person who is representing himself or herself in a legal matter; and (3) filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
This bill, sponsored by the California Association of Legal Document Assistants (CALDA), seeks modest changes to laws regarding the registration of legal document assistants, particularly disclosure rules that require LDAs to display certain registration information on all of their business materials and documents. First, the bill repeals the requirement that a registered LDA must display the expiration date of his or her registration on printed solicitation, papers, documents, and other printed materials, with exception of the written contract for services that must be provided to each client. As proposed to be amended, the bill limits the disclosure exemption for the expiration date to only printed materials and clarifies that LDAs must still disclose their registration expiration date on the written contract for services, as well as on any Internet website maintained by the LDA and documents, correspondence or materials that are in electronic rather than printed form. Second, the bill would allow LDAs to keep the same registration number after periods of non-renewal. Proponents, including the National Federation of Independent Businesses (NFIB), contend that both changes are needed to reduce unnecessary cost burdens on LDAs, namely, by forcing them to regularly purchase new written materials and discard old materials whenever an expiration date or registration number changes. Additional author's amendments reduce the scope of the bill in response to Committee concerns that the removed provisions unacceptably reduced consumer protections in current law. This bill has no registered opposition and will be referred to the Assembly Local Government Committee upon approval by this Committee.
SUMMARY: Makes modest changes to rules governing the use of registration information of legal document assistants (LDA). Specifically, this bill:
Provides that the expiration date of an LDA's registration need not appear in printed solicitations or advertisements, nor on printed papers or documents prepared or used by the registered LDA, including but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings.
Provides that the registered LDA’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be given to every client prior to providing services, as well as on any Internet website maintained by the registrant and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form.
Requires the county clerk, upon renewal of registration, to assign the LDA the same registration number previously issued, including in instances where renewal is sought after a lapse in registration.
EXISTING LAW:
Prohibits any LDA, including any LDA employed by a partnership or corporation, from providing any self-help service for compensation, unless the LDA is registered in the county in which his or her principal place of business is located and in any other county in which he or she performs acts for which registration is required. (Business & Professions Code 6400(f). All further references are to this code unless otherwise stated.)
Requires a LDA or unlawful detainer assistant (UDA) to register with the county clerk in the county in which his or her principal place of business is located (deemed primary registration), and in any other county in which he or she performs acts for which registration is required (deemed secondary registration). Provides that any registration in a county, other than the county of the person’s place of business, shall state the person’s principal place of business and provide proof that the registrant has satisfied specified bonding requirements. (Section 6402.)
Requires an applicant to pay a fee of $175 to the county clerk at the time he or she files an application for initial registration, including a primary or secondary registration, or renewal of registration. (Section 6404.)
Requires an individual applicant to post a bond of $25,000, and any partnership or corporation applying for registration to post a bond of $25,000 for one to four assistants, $50,000 for five to nine assistants, and $100,000 for ten or more assistants. (Section 6505.)
Provides that a certificate of registration shall be effective for a period of two years, and requires the county clerk to deny registration or renewal of registration if the applicant has been convicted of specified crimes, has been found guilty of the unauthorized practice of law, has been held civilly liable for certain misconduct, or has had his registration previously revoked, as provided. (Section 6406.)
Requires the county clerk to maintain a register of LDAs and UDAs, assign a unique number to each LDA or UDA, and issue an identification card to each one. Provides that upon renewal of registration, the same number shall be assigned, provided there is no lapse in the period of registration. (Section 6407.)
Requires the registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration to appear in any solicitation or advertisement, and on any papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, money orders, and pleadings. (Section 6408.)
Requires every LDA or UDA who enters into a contract or agreement with a client, prior to providing any services, to provide the client with a written contract that meets certain criteria and contains specified statements and disclaimers. (Section 6410.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This bill, sponsored by the California Association of Legal Document Assistants (CALDA), seeks modest changes to laws regarding the registration of legal document assistants, particularly disclosure rules that require LDAs to print certain registration information on all documents and materials they use in the ordinary course of business. First, the bill repeals the requirement that a registered LDA must display the expiration date of his or her registration on printed solicitation, papers, documents, and other printed materials, with exception of the written contract for services that must be provided to each client. As proposed to be amended, the bill preserves the requirement to disclose the registration expiration date with respect to appearing on the LDA's website and other papers and documents used by the LDA in electronic form, where technology allows materials to be easily updated without having to discard or reprint entire new batches of business materials.
Background on Legal Document Assistants. Chapter 5.5 of Division 3 of the Business and Professions Code (commencing with Section 6400) ("Chapter 5.5") regulates both legal document assistants (LDA) and unlawful detainer assistants (UDA). Although they are defined separately in statute, the two groups are subject to the same registration and oversight structure provided under Chapter 5.5, and unless otherwise stated, will be discussed interchangeably in this analysis.
Generally speaking, LDAs provide legal document preparation and self-help services to the public within parameters established under the Chapter. LDAs may not provide any self-help service for compensation unless registered in the county of his or her principal place of business, and any other county in which he or she serves clients. The term "self-help services" defines the activities that registered LDAs are specifically authorized to perform, namely: (1) completing legal documents in a ministerial manner, selected by a self-represented person, by typing or otherwise completing the documents at the person’s specific direction; (2) 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 self-representation; (3) making published legal documents available to a person who is representing himself or herself in a legal matter; and (4) filing and serving legal forms and documents at the specific direction of a person who is representing himself or herself in a legal matter.
At its core, Chapter 5.5 is a consumer protection statute, first enacted in the early 1990s in response to an epidemic of fraud perpetrated upon vulnerable consumers by non-lawyers who offered legal document preparation and other services for a fee. Because the statute was intended to deter bad actors and stop the spread of acts that were largely presumed to be part of a scheme to commit fraud, Chapter 5.5 contains a number of provisions that by today's standards may seem unnecessarily strict and burdensome, at least to LDAs who now operate in a more legitimate environment. It is important to note, however, that the Legislature previously evaluated the statute and determined that its "existing enforcement mechanisms are at least minimally sufficient to provide the necessary consumer protection." (See Professor J. Clark Kelso (McGeorge School of Law), An Assessment of the Legal Document Assistant Pilot Project (May 2002).) Consequently, efforts to update the statute should be evaluated not only with respect to their impact on registered LDAs, but also in regard to any impact on the balance of consumer protection that has been achieved in this area when the LDA pilot program statute was first enacted over 20 years ago, and later made permanent in 2002 (in what is largely its current form).
Author's amendment: Publication of registration expiration date. Under existing law, LDAs are required to disclose their registration information, business address, telephone number, and registration expiration date on all business materials, such as sales brochures, forms, ink stamps, and checks. According to the author and sponsor (proponents), inclusion of the expiration date on all materials used by the LDA (checks, ink stamps, brochures, and other such collateral) is unduly burdensome and cost prohibitive to LDAs because those materials must be thrown out and repurchased at every renewal once they show the expired registration date. Proponents contend that it is reasonable to continue to mandate that other registration information be provided on work materials, but it is not necessary to require the registration expiration date on materials, as long as the expiration date appears on the written contract for services that is required to be provided to every client of the LDA.
As currently in print, the bill would exempt the registration expiration date from appearing on any LDA work materials, except for the client contract for services, as well as from appearing on the LDA's Internet website. Because exempting the expiration date from appearing on the LDA's website is not necessary to achieve the stated purpose of relieving cost burdens associated with discarding and reprinting written materials, the author proposes to amend the bill to limit the proposed disclosure exemption for the expiration date to only printed materials. As proposed to be amended, the bill clarifies that LDAs must still disclose their registration expiration date on the written contract for services, as well as on any Internet website maintained by the LDA, as well as any documents, correspondence or materials that are in electronic, rather than printed, form. The amendment is:
On page 12, line 6, strike "Internet Web site" and after "any" insert "printed"
On page 12, line 13, after "Section 6410" insert "as well as on any Internet website maintained by the registrant and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form"
Because much of the correspondence, advertisement, and preparation done by LDAs now occurs through use of the Internet or use of electronic documents, many (but admittedly not all) prospective consumers should still be made aware of the LDA's registration expiration date under these proposed amendments. Also, the bill ensures that all LDA clients who are offered a contract for services will receive disclosure of the expiration date because the date will be required to be printed on the mandatory written contract.
Assignment of the same registration number. Section 6407(a) requires the county clerk, upon renewal of registration, to assign a new registration number to the LDA if the renewal is late or registration has for some reason lapsed, even if the period of non-renewal is entirely voluntary. According to proponents, requiring the issuance of a new registration number is unduly burdensome and serves only to increase costs by forcing LDAs to reorder stamps, stationary, business cards, and other promotional materials to reflect the new number. This bill would simply require the county clerk, upon renewal of registration, to assign the same registration number, including in instances where renewal is sought after a lapse in registration.
Proponents contend this change would bring this provision more closely in line with professions like engineers, lawyers, contractors, real estate agents, accountants and tax preparers, who maintain their original assigned registration numbers even when renewing after a voluntary period of non-practice. They also contend that assignment of multiple registration numbers to one registered LDA may mislead the public as to how long that registrant has been practicing in the profession. Committee staff also notes that this change may help protect consumers by making it easier to track the history of individual LDAs should the need arise to investigate any case of alleged misconduct.
Author's amendments reduce scope of the bill. As currently in print, the bill seeks to extend the length of the registration term for LDAs from two to four years, and to allow LDAs to provide services statewide without having to register in every county in which they provide services, as is required by current law. In order to address concerns expressed by the Committee that the bill simply seeks to reduce existing consumer protections provided by the current registration scheme without proposing any alternative measures to continue to protect consumers, the author has proposed to amend the bill to remove those provisions at this time. The amendments are:
Strike page 3, lines 1 to 17; strike pages 4 to 10 inclusive; strike page 11, lines 1 to 16.
On page 11, line 17, strike "SEC. 7" and insert "SEC. 1"
On page 12, line 1, strike "SEC. 8" and insert "SEC. 2"
On page 12, line 14, strike "SEC. 9" and insert "SEC. 3"
Previous related legislation. AB 1573 (Burton) Ch. 1011, Stats. 1993, first established registration, bonding requirements, and further regulation for so-called "unlawful detainer assistants" in order to protect consumers from documented cases of scamming activity involving the unauthorized practice of law in the field of eviction defense.
SB 1418 (Rosenthal) Ch. 1079, Stats. 1998, subsequently established registration, bonding requirements, and regulation of "legal document assistants."
AB 2810 (Pacheco) Ch. 386, Stats. 2000, required legal document assistants and unlawful detainer assistants to only post a single multi-county bond of $25,000, instead of posting such a bond in every county in which the LDA or UDA does business.
AB 1698 (Committee on Judiciary) Ch. 1018, Stats. 2002, repealed the sunset date for the Legal Document Assistant Pilot Project, and established new regulations for LDAs.
REGISTERED SUPPORT / OPPOSITION:
Support
California
Association of Legal Document Assistants (sponsor)
National
Federation of Independent Business
Responsive Law
Over 40
individual and small business LDAs
Opposition
None on file
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334
Discussed in Hearing
41SEC
Assembly Floor
2MIN
Senate Floor
5MIN
Senate Standing Committee on Judiciary
8MIN
Assembly Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):