A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which their principal place of business is located, and in which they maintain 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.
Legal Document Assistants and Unlawful Detainer AssistantsRegistration Procedures
Section § 6402
If you want to work as a legal document assistant or unlawful detainer assistant in California, you need to register with the county clerk where your main office is located, as well as where any branch offices are. You'll also need to show that you meet bonding requirements. If you've been banned or suspended from being a lawyer, you can't register during that time. The Department of Consumer Affairs decides what information you need to submit to prove you qualify for registration.
legal document assistant registration unlawful detainer assistant county clerk registration
Section § 6402.1
If you want to register as a legal document assistant, you need one of these qualifications: a high school diploma with two years of law-related work under a lawyer or self-help services before 1999; a university degree with one year of similar experience; a completed paralegal program with at least 24 legal course units from an accredited institution; or a paralegal certification approved by the American Bar Association.
To be eligible to apply for registration under this chapter as a legal document assistant, the applicant shall possess at least one of the following:
(a)CA Business & Professions Code § 6402.1(a) A high school diploma or general equivalency diploma, and either a minimum of two years of law-related experience under the supervision of a licensed attorney, or a minimum of two years experience, prior to January 1, 1999, providing self-help service.
(b)CA Business & Professions Code § 6402.1(b) A baccalaureate degree in any field and either a minimum of one year of law-related experience under the supervision of a licensed attorney, or a minimum of one year of experience, prior to January 1, 1999, providing self-help service.
(c)CA Business & Professions Code § 6402.1(c) A certificate of completion from a paralegal program that is institutionally accredited but not approved by the American Bar Association, that requires successful completion of a minimum of 24 semester units, or the equivalent, in legal specialization courses.
(d)CA Business & Professions Code § 6402.1(d) A certificate of completion from a paralegal program approved by the American Bar Association.
legal document assistant high school diploma baccalaureate degree
Section § 6402.2
If you want to renew your registration under this law, you must complete 15 hours of continuing legal education courses within the two years before renewal. However, you don't need to include any courses on legal ethics in those 15 hours.
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. A registrant is not required to complete legal ethics education as part of the required 15 hours of continuing legal education courses.
continuing legal education 15 hours requirement renewal eligibility
Section § 6403
If you want to register as a legal document assistant or an unlawful detainer assistant in California, you need to fill out an application with certain personal details. This includes your name, address, age, and if applicable, any criminal convictions or civil judgments for things like fraud or deceptive business practices. You also need to state if you had a similar registration revoked before or have completed required continuing education for renewals. A similar set of requirements applies if registering a partnership or corporation. You must prove your identity when applying, and the application has to be truthful, as it's done under penalty of perjury. The county clerk keeps the application for up to three years and may scan it for longer-term storage.
(a)CA Business & Professions Code § 6403(a) The application for registration of a natural person shall contain all of the following statements about the applicant:
(1)CA Business & Professions Code § 6403(a)(1) Name, age, address, and telephone number.
(2)CA Business & Professions Code § 6403(a)(2) Whether the applicant has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(3)CA Business & Professions Code § 6403(a)(3) Whether
the applicant 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)CA Business & Professions Code § 6403(a)(4) Whether the applicant has ever been convicted of a misdemeanor violation of this chapter.
(5)CA Business & Professions Code § 6403(a)(5) Whether the applicant has had a civil judgment entered against
them in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant.
(6)CA Business & Professions Code § 6403(a)(6) Whether the applicant has had a registration revoked pursuant to Section 6413.
(7)CA Business & Professions Code § 6403(a)(7) If the application is for a renewal of registration, a statement by the applicant that
they have
completed the legal education courses required by Section 6402.2.
(b)CA Business & Professions Code § 6403(b) The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California driver’s license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant.
(c)CA Business & Professions Code § 6403(c) The application for registration of a partnership or corporation shall contain all of the following statements about the applicant:
(1)CA Business & Professions Code § 6403(c)(1) The names, ages, addresses, and telephone numbers of the general partners or officers.
(2)CA Business & Professions Code § 6403(c)(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)CA Business & Professions Code § 6403(c)(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)CA Business & Professions Code § 6403(c)(4) Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter.
(5)CA Business & Professions Code § 6403(c)(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)CA Business & Professions Code § 6403(c)(6) Whether the general partners or officers have ever had a registration revoked pursuant
to Section 6413.
(7)CA Business & Professions Code § 6403(c)(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)CA Business & Professions Code § 6403(d) The applications made under this section shall be made under penalty of perjury.
(e)CA Business & Professions Code § 6403(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.
legal document assistant unlawful detainer assistant personal details
Section § 6404
If you're applying for or renewing a registration, you'll need to pay a $175 fee to the county clerk. If you need extra identification cards, each one will cost you an additional $10.
An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time the applicant 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.
application fee registration renewal county clerk
Section § 6405
If you want to register as a legal or unlawful detainer assistant in California, you need a $25,000 bond from a qualified company to ensure compliance with the rules. If you’re part of a partnership or corporation, the bond amount varies based on the number of assistants you have: $25,000 for one to four assistants, $50,000 for five to nine, and $100,000 for ten or more. If your company hires more assistants, you must increase the bond and notify the county clerk. The bond can be ended according to specific legal procedures. When you file the bond, the county clerk will get it recorded, and the registrant pays a fee for this service. Instead of a bond, you can put down a cash deposit. If your certification gets revoked, you can get your bond or cash back unless there are unresolved claims. A bond is there to protect people who might suffer from the assistant’s misconduct or rule violations, and it needs to be filed in the correct county.
(a)Copy CA Business & Professions Code § 6405(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 6405(a)(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)CA Business & Professions Code § 6405(a)(2)(A) Twenty-five thousand dollars ($25,000) for one to four assistants.
(B)CA Business & Professions Code § 6405(a)(2)(B) Fifty thousand dollars ($50,000) for five to nine assistants.
(C)CA Business & Professions Code § 6405(a)(2)(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)CA Business & Professions Code § 6405(a)(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)CA Business & Professions Code § 6405(a)(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)CA Business & Professions Code § 6405(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)CA Business & Professions Code § 6405(c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)CA Business & Professions Code § 6405(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)CA Business & Professions Code § 6405(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)CA Business & Professions Code § 6405(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)CA Business & Professions Code § 6405(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)CA Business & Professions Code § 6405(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.
legal document assistant unlawful detainer assistant bond requirement
Section § 6406
This section covers the process and requirements for obtaining and renewing a certificate of registration for legal document assistants and unlawful detainer assistants. A registration lasts two years or until the related bond expires. If an assistant has certain criminal records or civil judgments related to fraud, misleading practices, or negligence, they may be denied registration or renewal. If denied, applicants receive a notice explaining the denial and how to appeal. They can submit an appeal to the director, who will determine if the registration poses a risk to consumers. The decision is made within 30 days, and if positive, the applicant can resubmit the application for approval by the county clerk.
(a)CA Business & Professions Code § 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)CA Business & Professions Code § 6406(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)CA Business & Professions Code § 6406(b)(1) Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)CA Business & Professions Code § 6406(b)(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)CA Business & Professions Code § 6406(b)(3) Convicted of a misdemeanor violation of this chapter.
(4)CA Business & Professions Code § 6406(b)(4) Had a civil judgment entered against them in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant.
(5)CA Business & Professions Code § 6406(b)(5) Had
their registration revoked pursuant to Section 6413.
(c)CA Business & Professions Code § 6406(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)CA Business & Professions Code § 6406(d) The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)CA Business & Professions Code § 6406(d)(1) The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)CA Business & Professions Code § 6406(d)(2) A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)CA Business & Professions Code § 6406(d)(3) Any relevant information the applicant wishes to include for the record.
(e)CA Business & Professions Code § 6406(e) The director shall order the applicant’s 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 applicant’s unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicant’s 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 applicant’s 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)CA Business & Professions Code § 6406(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.
certificate of registration legal document assistant unlawful detainer assistant
Section § 6407
If you work as a legal document assistant or unlawful detainer assistant in a county, the county clerk will put your details on a special list, give you a unique ID number, and issue you an ID card. This card shows you're not a lawyer and hasn't been evaluated by the county clerk for your skills or services. If you renew your registration in the same county before a three-year gap, you'll keep the same ID number.
(a)CA Business & Professions Code § 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 they were previously registered and there is no lapse of three or more years in the period of registration.
(b)CA Business & Professions Code § 6407(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 registrant’s 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 person’s knowledge, experience, or services.”
legal document assistant unlawful detainer assistant county clerk
