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Effective January 1, 2003, some substantial changes went into effect regarding our profession as Document Assistants and Unlawful Detainer Assistants. To assist you in complying with the changes in the law, below is a summary of the
changes in the Document Assistant Law cited in California Business Professions Code §§ 6400 - 6415. Independent Paras are now referred to as Document Assistants. All LDA's and UDA's now have
to identify themselves on each document we prepare as well as in other areas
such as advertising etc. The
registrant's name, business address, telephone number, registration number,
and county of registration shall appear on any solicitation or advertisement,
and on any appropriate papers or documents prepared or used by the registrant,
including, but not limited to, contracts, letterhead, business cards,
correspondence, documents, claims, petitions, checks, receipts, money orders,
and pleadings. If an
applicant has an office in more than one county where the work is done in that
county then they will have to register and provide a copy of the bond.
A Document
Assistant is NOT a Lawyer. By law, they cannot give you advice
or represent you in the courts in any matter. If you need to
consult with an attorney, your LDA will be able to provide you with a
referral. We always suggest that you be sure to ask the LDA you are thinking
of retaining if he or she is bonded and registered in their county. This is
for your protection. All LDAs listed are registered and bonded by their
counties. If a person is acting as an LDA but is not registered and bonded,
then they are operating against the law in California. The Bond is for your
protection! What
does an LDA do?
An LDA is an experienced professional who is authorized to prepare documents
for a client, but only at the direction of the client. In other words,
an LDA is there to assist the "self-help" client handle their own matters
without the cost of an attorney.
Since even the best, self-help books can be confusing and overwhelming, your
LDA can provide invaluable assistance with routine tasks, such as typing and
filing the paperwork for uncontested divorces, bankruptcies, wills, and many
other types of documents.
Again, because an LDA is forbidden to practice law of any sort, they cannot
make suggestions as to what the client needs done for a particular matter, or
what documents that the client must file with the state or the other party to
the action. The same goes,
naturally, for ALL other services the LDA provides. They must have a detailed
guide, approved by an attorney, stating exactly what documents are needed. The
LDA is not allowed to use his or her judgment and say, "Well, really you're
talking about this type of case instead of that type of case. Therefore, you
should follow this course of action and file THESE documents instead." The
CLIENT must know what he or she wants, and what documents to use (or decide on
the documents based on the attorney-approved instruction list), and the LDA is
there to fill in the documents.
However, just because an LDA is only there to fill out documents doesn't mean
they aren't an invaluable resource for your matter. Many, if not all,
documents are very confusing; incorrectly filled out documents will delay your
case, possibly for a long time. An experienced LDA can help you avoid the
pitfalls and also make sure every important detail on a document is accounted
for. This alone makes them the best choice for you.
New legislation January 1, 2000 required that only paras working for attorneys can not be
called "paras". Independent paras that offer services to
the public are now known as Document Assistants.

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