Prepared by:Vicki Petersen, Sonoma County

Nancy Turner, Napa County

1

Nancy Turner, Napa County

Carla Reinking, Sonoma County2

AND PRESENTED TO YOU TODAY BY:

LEGAL DOCUMENT ASSISTANTS3

This is a training workshop, but local practices do vary

from county to county according to local policy and practice

as well as local county counsel opinions.

4

No practice or procedure

you become aware of as a result

of this workshop should be implemented in your own office without the full

AWARENESS and APPROVAL

of the County Clerk or Recorder

for whom you work.5

General Facts

Fees

Bond

Educational requirements

6

Reviewing the Application

Individual

Corporation or Partnership

Registration number

Expiration date

7

Primary & Secondary registrations

Issuing ID cards

Applicant

Employee

Denials, Appeals & Revocations

Miscellaneous8

Legal Document Assistants areMandated by:

Business & Professions Code Sections 6400 – 6415

CLERKS REFERENCE MANUAL (CRM)PAGES 19 - 26

9

Mandates are concurrent with those for Unlawful Detainer Assistants Law was amended in 1998 to include the

description of Legal Document Assistants

Applications & Indices are a public recordPursuant to the Public Records Act

GC 6253 et seq.10

Term of Registration is 2 YearsOR Date bond expires OR Until total number of LDA employed bypartnership/corporation exceeds the numberallowed by the amount of bond in effect,whichever occurs first B&P 640611

Renewal: Registration may be renewed up to 60 days

prior to current expiration date, and the effective date of the renewal shall be the date the current registration expires

B&P 6406(a)

12

Description B&P 6400(c): Any person who is not exempted under B&P

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 him/herself in a legal matter, or who holds him/herself out as someone who offers that service or has that authority.

13

A corporation, partnership, association, or other entity that employs or contracts with any person not exempted under B&P 6401 who, as part of his/her responsibilities, provides, or assists in providing, or offers to provide, or offers to assist in providing for compensation,

14

any self-help service to a member of the public who is representing him/herself in a legal matter, or holds him/herself out as someone who offers that service or has that authority

*A legal document assistant, including any legal document assistant employed by a partnership or corporation,

15

*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

B&P 6400(f)

16

Persons not required to file, provided that person does not also perform the duties of an LDA – B&P 6401: A secretary/receptionist of a person

providing or assisting to provide self-help service

A government employee acting on behalf of their job

17

− State Bar member, his/her employee, Paralegal, agent or independent contractor acting on his/her behalf

− Any employee of a non-profit, tax-exempt corporation assisting clients without charge

− A licensed real estate broker or salesperson acting on an unlawful detainer action

18

An immigration consultant A Professional Photocopier A person providing services relative to title or

escrow A person providing services regulated by

federal law A person employed by/providing services to,

supervised financial institution, holding company, subsidiary or affiliate

19

The County Clerk has 3 days in which to review the application and submitted documentation before filing or rejecting

B&P 6406(c) Registrations are filed in:

County of principal place of businessAND Any other county where duties are

performedB&P 6402

20

Fees: $182 - Registration & filing bond

B&P 6404 & 6405(4)(c) Current recording fees for bond

GC 27361 Photos B&P 6407(b):

Passport size (or smaller) Photo not required in all counties No photo allowed for

corporation/partnership registrations21

Bond Requirements B&P 6405: Dependent on the type of registration and

number of employees $25,000 - Individual or employee $25,000 - Corporation or Partnership with

1 to 4 employees $50,000 - Corporation or Partnership with

5 to 9 employees $100,000 - Corporation or Partnership

with 10 or more employees22

Changes in the number of employees may change bond amount and require a new bond to be filed and recorded with County Clerk and Recorder

B&P 6405(a)(3) Cash in lieu of bond – B&P 6405(e)

Deposit will be held in an interest bearing account - CCP 995.710(1)

Deposit will be retained for 3 years following registration in case a claim is made against the account

23

Denial by the County Clerk B&P 6406(c):

Applicant may appeal to Director of Consumer Affairs – B&P 6406(d)

Director may order County Clerk to accept registration

Director may concur with denial

24

Written decision shall be sent by the Director of Consumer Affairs to the applicant and County Clerk within 30 days of submission

If applicable, County Clerk shall file application within 3 business days of receiving order from Director of Consumer Affairs

25

Clerk fees: $182 (first ID card included)

$175 Registration B&P 6404 $7 File stamp the bond B&P 6405(c) Additional ID cards $10 each B&P 6407(a)

Recorder fees: Recorder fee varies by county; check for the

current recording feesB&P 6405(d) & GC 27361

26

After confirming bond meets requirements listed on slide 22: Verify room for recording stamp

Or, attach a cover page and collect additional recording fee

Verify Applicant’s Name and Address are shown in upper left-hand corner after the phrase,

“When recorded return to:”27

File stamp bond in an area where it will fit without covering text or recording space

Send bond & recording fee to the Recorder It’s recommended your records contain the

surety name in case you receive notification from Dept. of Insurance that the surety is no longer authorized in CA

28

Notice of cancellation, revocation, or withdrawal of bond is received: Confirm the notice pertains to a current

registration Confirm correct filing & recording fees

$7 Filing fee to County Clerk B&P 6405(c) Check with your County Recorder for

current recording fees GC 2736129

Notice of cancellation, Cont. :

Send registrant a certified letter requiring submission of a new bond within 30 days or the registration will be revoked and the registration number will be retired

30

Bonds given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond

CCP 995.440

31

*If applicant is an employee of a registered corporation or partnership, and is covered under their bond, the employee is not required to post an individual bond. It is recommended, however, that the clerk have something in writing from the corporation or partnership that shows the employee is covered under their bond32

*If this is a secondary registration, the applicant will provide a certified copy of the original bond, attach a cover sheet and record that certified copy B&P 6405(a)(1)

*If the bond is less than 2 years, the registration will expire when the bond expires B&P 6406(a)

*If the applicant is filing a renewal, the bond may have a delayed renewal date

33

B&P 6402.1

To be eligible to apply as an LDA, the applicantshall possess at least one of the following:

1. Certificate of completion from a paralegal program approved by the American Bar Association

OR34

2. Certificate of completion from a paralegal program institutionally accredited but NOT approved by the American Bar Association

AND

Completion of a minimum of 24 semester units in legal specialization courses

OR35

3. Bachelor’s degree in any field ANDCompletion of at least one year law-related experience under supervision of a licensed attorneyORA minimum of one year experience, prior to January 1, 1999, providing self-help service

OR36

4. High School diploma or GED

AND

Minimum of two years of law-related experience working under the supervision of a licensed attorney

OR

Minimum two years experience, prior to January 1, 1999, providing self-help service

37

Application for an Individual – B&P 6403

Primary registration or Secondary registration

If Secondary, confirm that name of the County of Primary registration is included

Name, age and telephone number are provided

38

Educational requirements are met:

Applicant MUST qualify under numbers 1, 2, 3 or 4 as listed on slides 34-37

Copies of diplomas and/or letters of experience are attached, as required in B&P 6402.1

39

Answers are given to questions regarding

civil or criminal convictions, revocations or

disbarment as required in B&P 6403

Requires a “Yes” or “No” response on the

application

40

If a “Yes” response is given to any of the

questions, County Clerk MUST deny the

registration, return the application, fees,

and provide applicant with a Notice of

Denial form indicating the reason(s) for

denial and the method of appeal

B&P 6406(b) & 6406(c)41

Application is executed under penalty of

perjury, is dated, and contains an original

signature of the applicant

B&P 6403(d)

Applicant has the proper filing fees as shown

on slide 2642

Original bond for $25,000 is submitted B&P 6405

Is in the name of the applicant In favor of the State of California and

includes county where primary registration is filed

Covers the 2 year registration period Applicant has signed the bond as

“Principal”43

Applicant is able to provide acceptable identification B&P 6403(b)

Passport size or smaller photo is provided for ID card, some counties do not require the applicant to provide their own photo

44

Application for Corporation or Partnership B&P 6403(c)

Primary registration or Secondary registration B&P 6403(c)(7)

If Secondary, confirm name of the County of Primary registration is included

Name, age and telephone number of each corporate officer or general partner, as applicable – B&P 6403(c)(1)

45

Educational requirements for one corporate officer or general partner are met: Application must indicate name of corporate

officer or general partner for whom education and experience is provided and that person MUST qualify under numbers 1, 2, 3 or 4, as listed on slides 34 - 37

Copies of diplomas and/or letters of experience are attached, as required in B&P 6402.1

46

Address is included, can be a mailing

Each corporate officer or general partner answers all questions regarding civil or criminal convictions, revocations or disbarment, as required in

B&P 6403(c)(2) – (6) Requires a “Yes” or “No” response on the

application47

If a “Yes” response is given to any of the

questions, the County Clerk MUST deny the

registration, return the application, fees,

and provide applicant with a Notice of

Denial form indicating the reason(s) for

denial and the method of appeal

B&P 6406(b) & 6406(c)48

Application is executed under penalty of

perjury on behalf of all corporate officers or

general partners, is dated, and contains

original signatures as follows on next slide:

B&P 6403 & Dept. Consumer Affairs Reg.

Title 16, Article 1, Section 3900

49

Corporate applications must be signed by: Chairman of the Board

OR President

OR Vice President AND Secretary, Assistant

Secretary, Chief Financial Officer, or Assistant Treasurer

50

Partnership applications must be signed by at least one general partner

Applicant has the proper filing fees as shown on slide 26

Original bond for correct amount as listed on slide 22 to cover the number of employees listed in application

51

AND Is in the name of the corporation or

partnership In favor of the State of California and

includes county where primary registration is filed – B&P 6405(h)

Covers the 2 year registration period One of the corporate officers or general

partners has signed the bond as “Principal” on behalf of the corporation or partnership

52

Primary registration:

County of principal place of business File application Pay fees Submit & record original bond

53

Secondary registration:

In all Counties where services are performed

File application Pay fees Submit & record certified copy of original

bond

54

If applicant is filing a new registration, or previous registration lapsed: Assign the next consecutive number from

Registration Log If applicant is renewing and there is no lapse

in the registration period: Copy previous registration number to new

applicationB&P 6407(a)

55

COMPARE the date that ends 2 year registration term TO the expiration date shown on bond

CHOOSE the earliest date and enter on: Application for expiration date ID card Legal Document Assistant Index

B&P 6406(a)56

Mandated ID card requirements – B&P 6407

ID card – Term of Registration Employee ID cards B&P 6407(a)

Card specifications B&P 6407(b) Not less than 3-1/4” x 2”

57

Card shall contain: Title: Legal Document Assistant Registrant’s name, address Name of County of Registration Registration # & Expiration Date Photograph in lower left corner

If natural person (individual/employee)

58

Corporation & Partnership ID cards do not contain photographs

A statement in 12-point boldface type, above title:

“This person is not a lawyer” A statement in 12-point boldface type, at

bottom: “The county clerk has not evaluated this person’s

knowledge, experience, or services”59

Denial – B&P 6406(c): If the County Clerk finds applicant has

failed to meet requisite requirements:

The County Clerk shall return the application and fee within 3 business days of submission of the application, with a notice indicating reason for denial and the method of appeal

60

Appeal – B&P 6406(d): Applicant submits appeal to Director of

Dept. of Consumer Affairs: Completed application, County Clerk’s

denial & copies of documentation Within 30 days of receipt, Director shall

send a written decision to applicant & county clerk listing reasons application shall be granted or denied –

B&P 6406(e)61

If Director orders application granted, applicant may resubmit the application, with appropriate filing fees and written decision of the Director

The County Clerk shall file the application within 3 business days of receipt of the notice B&P 6406(f)

62

Revocations:

County Clerk shall revoke a registration upon receipt of official document pertaining to conviction of offenses described in Sections 6125-6127

B&P 6413

63

Disposition of court actions shall be provided by the city/district attorney or plaintiff

Revoked registrant may reapply after 3 years

Registrant may challenge decision in court B&P 6414

64

Retain hard copy registration certificates for 3 years following the expiration date

If the certificate is scanned the hard copy may be destroyed

The scanned image shall be retained for a period of 10 years

B&P 6403(e)65

Complaints regarding violations by a legal document assistant may be filed in any superior court B&P 6412.1

Data entry as required in your system and/or add to registration list/index

66

67

Pg. 1

68

Pg. 2

69

Pg. 3

70

Pg. 1

71

Pg. 2

72

Pg. 3

73

Pg. 1

74

Pg. 2

75

76