NEWS

Legal Document Assistants: An Efficient and Affordable Option

Each year 38 million Americans are closed out of the legal justice system, mostly because of high legal fees. But hiring an attorney isn’t always necessary. If you are dealing with a routine, uncontested legal matter, a legal document assistant can help you correctly fill out and submit important legal forms for just a fraction of the cost. According to USA TODAY, Americans could save $3.3 billion a year by using independent paralegals instead of lawyers to handle routine legal matters.

Here is a brief overview of what legal document assistants can do.

What is a legal document? A legal document is any official document that provides legal information, states a contractual relationship or grants some right. Most legal matters require that official forms—which are often complex—are filled out and filed with the courts. Incorrectly filled out legal forms will delay your case, often for long periods of time.

Who are legal document assistants? Legal document assistants are professionals, qualified through education, training or work experience, who provide the public with a simple and affordable option in handling their legal affairs. They are not lawyers and do not offer legal advice.

What does a legal document assistant do? Legal document assistants help consumers represent themselves (pro se litigation) in undisputed legal matters by preparing the necessary legal documents to court standards.

What is the benefit of using a legal document assistant? By helping you effectively represent yourself, a legal document assistant allows you to bypass the often unnecessary expense and hassle of hiring of an attorney, which can cost 50-80% more than a legal document assistant. A legal document provider also offers a non-adversarial environment in which to settle undisputed legal matters.

What is the difference between legal Information and legal advice? Legal document preparation is the distribution of legal information to the public. This legal information is general in nature. It is not tailored to the unique facts of a customer’s situation and does not recommend a strategic course of action. For example, legal information may include informing a customer about the available options in response to a legal problem or which forms to fill out, but would not suggest what option to take or what to put on the forms. In contrast, legal advice is specific to the unique circumstances of the client and goes beyond mere general advice appropriate for all persons who confront the same issue.

Should I see an attorney or a legal document assistant? If you do not know your legal rights in a situation, you should see an attorney; but not all legal matters require an attorney. If you have already decided on a course of action and the matter is undisputed, a legal document assistant is an efficient and affordable alternative to hiring a lawyer.

How can a legal document assistant help me? Most legal document professionals deal in a wide variety of subjects, including:

Did You Know?

◊ Each year 38 million low and moderate income Americans get closed out of the legal justice system. ¹

◊ Americans could save $3.3 billion a year by using independent paralegals instead of lawyers to handle routine matters in common legal areas. ²

◊ A 2002 American Bar Association survey found that only half of respondents that faced a legal situation in the past year hired a lawyer. The most frequent reasons given for not hiring a lawyer involved high legal fees. ³

◊ The main force driving pro se litigation is money. For example, attorney fees can range from about $1,500 for a simple divorce to tens of thousands of dollars for more complex cases. In contrast, the cost of a do-it-yourself divorce typically ranges from $250 to $500. ⁴

◊ Only one in three Americans say they have a living will, one of the most important documents a person can have because it clearly states a patient’s end-of-life wishes.

◊ Only 11% of people between the ages of 18 and 34 have drawn up a last will in testament. ⁵

◊ Courts in Arizona, California, Maryland, Washington, Utah and other states have developed a range of Web-based legal forms and instructions to help pro se litigants fill out forms for divorces, child custody orders and restraining orders. ⁶

◊ A recent survey found that the vast majority of California consumers (96%) were satisfied with the quality of their legal document assistant’s service and would use an LDP again. ⁷
 

Legal Document Assistants (LDA) were previously known as independent paralegals.  New legislation January 1, 2000 required that only paralegals working for attorneys can now be called "paralegals".  Independent paralegals that offer services to the public are now known as Legal Document Assistants.  Since the legislation, LDAs and Paralegals now must meet specific education requirements and experience to call themselves either.  In the case of an LDA, registration with the County and a $25,000 bond is required to be filed.  An LDA is authorized to prepare legal documents for the client but only under the client's direction.  The LDA is to assist the "self-help" client handle legal documents without the assistance or high cost of an attorney.  Whereas; paralegals must work for, be paid by and only under the supervision of an attorney.
 

 Link Exchange Program

¹ American Bar Association, Agenda for Access: The American People and Civil Justice – Final Report on the Implications of Comprehensive Legal Needs Study (1996).
² USA Today, “Public Loses as Lawyers Block Access to Cheap Legal Help” (Feb. 19, 1999).
³ National Law Journal, “Polishing the Image” (September 16, 2002).
⁴ Do-it-yourself divorcers get online aid
Lawyers USA, May 8, 2006, NEWS, 1270 words, Nora Lockwood Tooher
⁵ www.findlaw.com , (2001).
⁶ Lawyers USA, “Do-it-yourself divorcers get online aid” (May 8, 2006).
⁷ HALT, Helping Unrepresented Litigants with Legal Documents: Consumer Satisfaction with Legal Document Assistants in California’s Bay Area, (August 2005).