Section § 6400

Explanation

This law defines terms related to unlawful detainer assistants and legal document assistants. An unlawful detainer assistant helps with eviction cases for a fee. "Legal document assistants" are non-exempt individuals or entities paid to help people representing themselves in legal matters, but only perform tasks like completing forms or providing general information approved by an attorney. They must register to provide these services. These assistants can't give legal advice or make legal recommendations. "Self-help services" include tasks like filing documents or typing forms at a client's direction, but anything involving advice or strategy is off-limits.

(a)CA Business & Professions Code § 6400(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)CA Business & Professions Code § 6400(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)CA Business & Professions Code § 6400(c) “Legal document assistant” means:
(1)CA Business & Professions Code § 6400(c)(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 themselves in a legal matter, or who holds themselves 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)CA Business & Professions Code § 6400(c)(2) A corporation, partnership, association, or other entity that employs or contracts with any person not exempted under Section 6401 who, as part of their 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 themselves in a legal matter or holds themselves 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)CA Business & Professions Code § 6400(d) “Self-help service” means all of the following:
(1)CA Business & Professions Code § 6400(d)(1) Completing legal documents in a ministerial manner, selected by a person who is representing themselves in a legal matter, by typing or otherwise completing the documents at the person’s specific direction.
(2)CA Business & Professions Code § 6400(d)(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 themselves in a legal matter, to assist the person in representing themselves. This service, in and of itself, does not require registration as a legal document assistant.
(3)CA Business & Professions Code § 6400(d)(3) Making published legal documents available to a person who is representing themselves in a legal matter.
(4)CA Business & Professions Code § 6400(d)(4) Filing and serving legal forms and documents at the specific direction of a person who is representing themselves in a legal matter.
(e)CA Business & Professions Code § 6400(e) “Compensation” means money, property, or anything else of value.
(f)CA Business & Professions Code § 6400(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)CA Business & Professions Code § 6400(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).

Section § 6401

Explanation

This law explains that certain people are not subject to regulations for legal document assistants if they work in specific roles like government employees, State Bar members, nonprofit workers, real estate professionals, immigration consultants, process servers, and those in financial or federally regulated services. They can do their jobs as long as they don't also work as legal document assistants.

This chapter does not apply to any person engaged in any of the following occupations, provided that the person does not also perform the duties of a legal document assistant in addition to those occupations:
(a)CA Business & Professions Code § 6401(a) Any government employee who is acting in the course of their employment.
(b)CA Business & Professions Code § 6401(b) A licensee of the State Bar of California, or their employee, paralegal, or agent, or an independent contractor while acting on behalf of a licensee of the State Bar.
(c)CA Business & Professions Code § 6401(c) Any employee of a nonprofit, tax-exempt corporation who either assists clients free of charge or is supervised by a licensee of the State Bar of California who has malpractice insurance.
(d)CA Business & Professions Code § 6401(d) A licensed real estate broker or licensed real estate salesperson, as defined in Chapter 3 (commencing with Section 10130) of Part 1 of Division 4, who acts pursuant to subdivision (b) of Section 10131 on an unlawful detainer claim as defined in subdivision (b) of Section 6400, and who is a party to the unlawful detainer action.
(e)CA Business & Professions Code § 6401(e) An immigration consultant, as defined in Chapter 19.5 (commencing with Section 22440) of Division 8.
(f)CA Business & Professions Code § 6401(f) A person registered as a process server under Chapter 16 (commencing with Section 22350) of Division 8 or a person registered as a professional photocopier under Chapter 20 (commencing with Section 22450) of Division 8.
(g)CA Business & Professions Code § 6401(g) A person who provides services relative to the preparation of security instruments or conveyance documents as an integral part of the provision of title or escrow service.
(h)CA Business & Professions Code § 6401(h) A person who provides services that are regulated by federal law.
(i)CA Business & Professions Code § 6401(i) A person who is employed by, and provides services to, a supervised financial institution, holding company, subsidiary, or affiliate.

Section § 6401.5

Explanation

This law section makes it clear that nonlawyers are not allowed to practice law, and merely registering or being exempt from registration under this chapter doesn't protect someone from facing legal consequences if they do so.

This chapter does not sanction, authorize, or encourage the practice of law by nonlawyers. Registration under this chapter, or an exemption from registration, does not immunize any person from prosecution or liability pursuant to Section 6125, 6126, 6126.5, or 6127.

Section § 6401.6

Explanation

Legal document assistants in California are not allowed to help clients with legal needs that go beyond basic self-help services. If a client's needs exceed this, the assistant must advise the client to seek help from an attorney.

A legal document assistant may not provide service to a client who requires assistance that exceeds the definition of self-help service in subdivision (d) of Section 6400, and shall inform the client that the client requires the services of an attorney.

Section § 6401.7

Explanation

This section of the law will no longer be valid after January 1, 2030, as it is scheduled to be removed on that date.

This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.