Paralegals - - CA Business And Professions

Section § 6450

A paralegal is someone who's qualified through education, training, or work experience and works with an attorney or legal entity to help with legal work. Paralegals can conduct tasks like legal research, drafting documents, and case management, but they can't give legal advice, represent clients in court, or charge their own fees for services without attorney direction. To work as a paralegal, one must have specific educational qualifications or relevant experience. Additionally, paralegals must complete ongoing legal education every two years. This rule began in January 2004 and excludes those providing legal services directly to the public unless they meet the described criteria.

(a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation.

(b) Notwithstanding subdivision (a), a paralegal shall not do the following:

(1) Provide legal advice.

(2) Represent a client in court.

(3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal.

(4) Act as a runner or capper, as defined in Sections 6151 and 6152.

(5) Engage in conduct that constitutes the unlawful practice of law.

(6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services.

(7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived.

(8) Establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal’s work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity as provided in subdivision (a).

(1) A certificate of completion of a paralegal program approved by the American Bar Association.

(2) A certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education.

(3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks.

(4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. This experience and training shall be completed no later than December 31, 2003.

(d) Every two years, commencing January 1, 2007, any person that is working as a paralegal shall be required to certify completion of four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of Section 6070. Certification of these continuing education requirements shall be made with the paralegal’s supervising attorney. The paralegal shall be responsible for keeping a record of the paralegal’s certifications.

(e) A paralegal does not include a nonlawyer who provides legal services directly to members of the public, or a legal document assistant or unlawful detainer assistant as defined in Section 6400, unless the person is a person described in subdivision (a).

(f) This section shall become operative on January 1, 2004.

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(Amended by Stats. 2006, Ch. 567, Sec. 1. Effective January 1, 2007.)

Section § 6451

This law states that paralegals are not allowed to offer their services directly to clients unless they are supervised by a qualified legal entity such as an attorney or law firm. However, if these services are explicitly permitted by other laws or regulations, paralegals can assist clients on behalf of the legal entities they work for. The term 'consumer' includes individuals, companies, organizations, and various business entities.

It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this chapter shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities if those services are specifically allowed by statute, case law, court rule, or federal or state administrative rule or regulation. “Consumer” means a natural person, firm, association, organization, partnership, business trust, corporation, or public entity.

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(Amended by Stats. 2001, Ch. 311, Sec. 3. Effective January 1, 2002.)

Section § 6452

This law states that a person can only call themselves a paralegal if they meet certain qualifications and work under the supervision of an attorney who is active with the California State Bar or practicing in federal courts in California. The law also requires paralegals to include their employing law firm's name or a note that they work with an attorney on their business cards. Additionally, if a paralegal makes a mistake or does something wrong, the supervising attorney is responsible for any resulting harm.

(a) It is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and supervision of an attorney who is an active member of the State Bar of California or an attorney practicing law in the federal courts of this state who is responsible for all of the services performed by the paralegal. The business card of a paralegal shall include the name of the law firm where he or she is employed or a statement that he or she is employed by or contracting with a licensed attorney.

(b) An attorney who uses the services of a paralegal is liable for any harm caused as the result of the paralegal’s negligence, misconduct, or violation of this chapter.

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(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)

Section § 6453

This law says that paralegals, like attorneys, must keep any information they receive while working confidential. They have to protect the privacy and confidentiality of their clients’ information as if it were their own, following specific rules about attorney-client privilege.

A paralegal is subject to the same duty as an attorney specified in subdivision (e) of Section 6068 to maintain inviolate the confidentiality, and at every peril to himself or herself to preserve the attorney-client privilege, of a consumer for whom the paralegal has provided any of the services described in subdivision (a) of Section 6450.

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(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)

Section § 6454

In this section, several different job titles like 'paralegal' and 'legal assistant' all mean the same thing under this chapter of the law.

The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of this chapter.

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(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)

Section § 6455

If a consumer is harmed by a violation of this law, they can take the issue to superior court to seek a stop to the unfair actions, get their money back, or receive compensation. If they win, the consumer will also get their attorney's fees paid. For a first-time violation of certain rules, the offender will face an infraction and could be fined up to $2,500 for each affected consumer. If they break the rules again, it becomes a misdemeanor, and they could face the same fine, up to a year in jail, or both. Violators must also repay any financial loss to the consumer under an order by the court.

(a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to the prevailing plaintiff.

(b) Any person who violates the provisions of Section 6451 or 6452 is guilty of an infraction for the first violation, which is punishable upon conviction by a fine of up to two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, and is guilty of a misdemeanor for the second and each subsequent violation, which is punishable upon conviction by a fine of two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. Any person convicted of a violation of this section shall be ordered by the court to pay restitution to the victim pursuant to Section 1202.4 of the Penal Code.

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(Amended by Stats. 2007, Ch. 43, Sec. 1. Effective January 1, 2008.)

Section § 6456

If you work for the state as a paralegal, legal assistant, or legal analyst, you don't have to follow the rules outlined in this chapter.

An individual employed by the state as a paralegal, legal assistant, legal analyst, or similar title, is exempt from the provisions of this chapter.

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(Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)