What every California attorney What every California attorney and paralegal needs to know and paralegal needs to know

about Business and about Business and Professions Professions

Code §§ 6450 - 6456Code §§ 6450 - 6456

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CONSUMER PROTECTIONCONSUMER PROTECTION Initial Assembly Bill 1761 was sponsored by the Initial Assembly Bill 1761 was sponsored by the

California Alliance of Paralegals to protect California Alliance of Paralegals to protect consumers from untrained unqualified individuals consumers from untrained unqualified individuals who hold themselves out as “paralegals” and who hold themselves out as “paralegals” and provide poor services.provide poor services.

Governor Gray Davis signed Assembly Bill 1761 on Governor Gray Davis signed Assembly Bill 1761 on September 13, 2000. September 13, 2000.

The Bill was codified in Business & Professions Code The Bill was codified in Business & Professions Code §§ §§ 6450 – 6456 and became effective January 1, 6450 – 6456 and became effective January 1, 2001.2001.

The law defines qualifications and functions of The law defines qualifications and functions of paralegals practicing in California.paralegals practicing in California.

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OVERVIEWOVERVIEW ““Paralegal" means a person who holds himself or Paralegal" means a person who holds himself or

herself out to be a paralegal, who is qualified by herself out to be a paralegal, who is qualified by education, training, or work experience, and who education, training, or work experience, and who either contracts with or is employed by an attorney, either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other law firm, corporation, governmental agency, or other entity, and who performs substantial specifically entity, and who performs substantial specifically delegated legal work under the direction and delegated legal work under the direction and supervision of an active member of the State Bar of supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state (B&P practicing law in the federal courts of this state (B&P Code § 6450(a)).Code § 6450(a)).

Definition distinguishes between those individuals Definition distinguishes between those individuals who work directly for the public (Unlawful Detainer who work directly for the public (Unlawful Detainer Assistant or Legal Document Assistants regulated Assistant or Legal Document Assistants regulated under B&P Code Sections 6400, et seq.) and those under B&P Code Sections 6400, et seq.) and those who work under the supervision of an attorney who work under the supervision of an attorney (Paralegals).(Paralegals).

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The terms "paralegal," "legal assistant," "attorney The terms "paralegal," "legal assistant," "attorney assistant," "freelance paralegal," "independent assistant," "freelance paralegal," "independent paralegal," and "contract paralegal" are paralegal," and "contract paralegal" are synonymous under this chapter (B&P Code § 6454).synonymous under this chapter (B&P Code § 6454).

Individuals employed by the State of California as a Individuals employed by the State of California as a paralegal, legal assistant, attorney assistant, paralegal, legal assistant, attorney assistant, freelance paralegal, independent, paralegal or freelance paralegal, independent, paralegal or similar title are exempt from these rules (B&P Code similar title are exempt from these rules (B&P Code § 6456).§ 6456).

A paralegal who otherwise meets the definition may A paralegal who otherwise meets the definition may represent clients before state of federal represent clients before state of federal administrative agencies if that representation is administrative agencies if that representation is permitted by statute, court rule, or administrative permitted by statute, court rule, or administrative rule or regulation (B&P Code § 6450(a)).rule or regulation (B&P Code § 6450(a)).

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EDUCATION AND EXPERIENCE EDUCATION AND EXPERIENCE REQUIREMENTSREQUIREMENTS

Pursuant to Section 6450 (c), a paralegal must Pursuant to Section 6450 (c), a paralegal must possess at least one of the following:possess at least one of the following:

1)1) A certificate of completion from a paralegal A certificate of completion from a paralegal program approved by the American Barprogram approved by the American BarAssociation; orAssociation; or

2)2) A certificate of completion from a paralegal A certificate of completion from a paralegal program at, or a degree from, a postsecondary program at, or a degree from, a postsecondary institution that requires the successful institution that requires the successful completion of a minimum of 24 semester, or completion of a minimum of 24 semester, or equivalent, units in law-related courses and that equivalent, units in law-related courses and that has been accredited by a national or regional has been accredited by a national or regional accrediting organization or approved by the accrediting organization or approved by the Bureau for Private Postsecondary and Bureau for Private Postsecondary and Vocational Education; orVocational Education; or

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3)3) A baccalaureate degree or an advanced degree in any A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related subject, a minimum of one year of law-related experience under the supervision of an attorney who experience under the supervision of an attorney who has been an active member of the State Bar of has been an active member of the State Bar of California for at least the preceding three years or who California for at least the preceding three years or who has practiced in the federal courts of this state for at has practiced in the federal courts of this state for at least the preceding three years, and a written least the preceding three years, and a written declaration from this attorney stating that the person is declaration from this attorney stating that the person is qualified to perform paralegal tasks; or qualified to perform paralegal tasks; or

4)4) A high school diploma or general equivalency diploma, A high school diploma or general equivalency diploma, a minimum of three years of law-related experience a minimum of three years of law-related experience under the supervision of an attorney who has been an under the supervision of an attorney who has been an active member of the State Bar of California for at least active member of the State Bar of California for at least the preceding three years or who has practiced in the the preceding three years or who has practiced in the federal courts of this state for at least the preceding federal courts of this state for at least the preceding three years, and a written declaration from this three years, and a written declaration from this attorney stating that the person is qualified to perform attorney stating that the person is qualified to perform paralegal tasks.paralegal tasks.

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SUNSET PROVISIONSUNSET PROVISION

This experience and training outlined in This experience and training outlined in paragraph four above shall be completed no later paragraph four above shall be completed no later than December 31, 2003. There is no than December 31, 2003. There is no "grandfather" provision for those who already "grandfather" provision for those who already practice as paralegals but do not meet one of practice as paralegals but do not meet one of these requirementsthese requirements

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MANDATORY Continuing MANDATORY Continuing Education RequirementsEducation Requirements

Four hours of general or specialized legal Four hours of general or specialized legal education, every two years; andeducation, every two years; and

Four hours of legal ethics, every three years; Four hours of legal ethics, every three years;

NOTE: NOTE: All continuing legal education courses shall meet the requirements All continuing legal education courses shall meet the requirements of B&P Code of B&P Code § § 6070. Per Section 6070 only courses offered by 6070. Per Section 6070 only courses offered by State Bar of California approved MCLE providers are recognized State Bar of California approved MCLE providers are recognized when considering MCLE credit hours earned. when considering MCLE credit hours earned.

There is no mechanism for reporting or monitoring compliance There is no mechanism for reporting or monitoring compliance with this requirement. Paralegals and their supervising attorneys with this requirement. Paralegals and their supervising attorneys must certify compliance, but the paralegals are responsible for must certify compliance, but the paralegals are responsible for maintaining records of the certifications. A sample compliance log maintaining records of the certifications. A sample compliance log for tracking continuing education units can be found online at for tracking continuing education units can be found online at www.caparalegal.orgwww.caparalegal.org. .

. .

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What Paralegals May DoWhat Paralegals May Do

Tasks performed by a paralegal may include, but are Tasks performed by a paralegal may include, but are not limited to the following: not limited to the following:

Case planning; Case planning; Development; Development; Management; Management; Legal research; Legal research; Interviewing clients; Interviewing clients; Fact gathering and retrieving information; Fact gathering and retrieving information; Drafting and analyzing legal documents; andDrafting and analyzing legal documents; and Collecting, compiling, and utilizing technical Collecting, compiling, and utilizing technical

information to make an independent decision and information to make an independent decision and recommendation to the supervising attorney.recommendation to the supervising attorney.

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What Paralegals May Not What Paralegals May Not DoDo

Provide legal advice;Provide legal advice; Represent a client in court;Represent a client in court; Select, explain, draft, or recommend the use of any legal Select, explain, draft, or recommend the use of any legal

document to or for any person other than the supervising document to or for any person other than the supervising attorney;attorney;

Act as a runner or capper as defined in Sections 6151- Act as a runner or capper as defined in Sections 6151- 6152;6152;

Engage in conduct that constitutes the unlawful practice Engage in conduct that constitutes the unlawful practice of law;of law;

Contract with, or be employed by, a natural person other Contract with, or be employed by, a natural person other than an attorney to perform paralegal services;than an attorney to perform paralegal services;

Induce a person to make an investment, purchase a Induce a person to make an investment, purchase a financial product or service, or enter a transaction from financial product or service, or enter a transaction from which income and/or profit, may be derived; orwhich income and/or profit, may be derived; or

Establish the fees to charge a client for paralegal services. Establish the fees to charge a client for paralegal services. (Does not apply to fees charged by a paralegal in a (Does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity).firm, corporation, governmental agency, or other entity).

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CONFIDENTIALITYCONFIDENTIALITY

Under Section 6453:Under Section 6453:

Paralegals are subject to the same duties of client Paralegals are subject to the same duties of client

confidentiality as attorneys (B&P Code § 6068(e)). confidentiality as attorneys (B&P Code § 6068(e)).

Paralegals are required "to preserve the attorney-Paralegals are required "to preserve the attorney-client privilege." client privilege."

Paralegals are not made directly subject to other Paralegals are not made directly subject to other ethical restrictions, such as those relating to ethical restrictions, such as those relating to conflicts of interest. conflicts of interest.

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PENALTIESPENALTIES

Under Section 6451, it is unlawful for a paralegal to Under Section 6451, it is unlawful for a paralegal to perform any services for a consumer except as perform any services for a consumer except as performed under the direction and supervision of performed under the direction and supervision of the attorney, law firm, corporation, government the attorney, law firm, corporation, government agency, or other entity that employs or contracts agency, or other entity that employs or contracts with the paralegal. with the paralegal.

Under Section 6452, it is unlawful for a person to Under Section 6452, it is unlawful for a person to identify himself or herself as a paralegal on any identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the or elsewhere unless he or she has met the qualifications of 6450(c) and performs all services qualifications of 6450(c) and performs all services under the direction and supervision of an attorney. under the direction and supervision of an attorney. Business cards must have the name of the Business cards must have the name of the employing law firm or a statement that the employing law firm or a statement that the paralegal is employed or retained by a lawyer. paralegal is employed or retained by a lawyer.

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An attorney who uses the services of a paralegal is An attorney who uses the services of a paralegal is liable for any harm caused as a result of the liable for any harm caused as a result of the paralegal’s negligence, misconduct, or violation of paralegal’s negligence, misconduct, or violation of this chapter.this chapter.

Any person who violates Sections 6451 or 6452 is Any person who violates Sections 6451 or 6452 is guilty of an infraction for the first violation, which is guilty of an infraction for the first violation, which is punishable by fines up to $2500 as to each punishable by fines up to $2500 as to each consumer for the first offense. Second and consumer for the first offense. Second and subsequent violations can bring misdemeanor subsequent violations can bring misdemeanor charges with fines and/or county jail up to one charges with fines and/or county jail up to one year. The law does provide for restitution to the year. The law does provide for restitution to the victim.victim.

Under Section 6455, any consumer injured by a Under Section 6455, any consumer injured by a violation of this chapter may file a complaint and violation of this chapter may file a complaint and seek redress in any municipal or superior court for seek redress in any municipal or superior court for injunctive relief, restitution, and damages. injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to Attorney’s fees shall be awarded in this action to the prevailing plaintiff.the prevailing plaintiff.

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This law falls short of a typical regulatory This law falls short of a typical regulatory scheme; scheme;

for example, there are no requirements for:for example, there are no requirements for:

Licensing;Licensing; Certification by a state agency; Certification by a state agency; Registration; Registration; A governing body; A governing body; Competency testing, moral character check, an Competency testing, moral character check, an

ethics code, reporting, or a disciplinary system. ethics code, reporting, or a disciplinary system.

Penalties for violation and civil liability are Penalties for violation and civil liability are the only the only

enforcement mechanisms.enforcement mechanisms.

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If you have questions about this presentation or If you have questions about this presentation or B&P Code §§ 6450 – 6456, please contact The Los B&P Code §§ 6450 – 6456, please contact The Los Angeles Paralegal Association at:Angeles Paralegal Association at:

P.O. Box 71708P.O. Box 71708

Los Angeles, CA 90071Los Angeles, CA 90071

Telephone (310) 921-3094Telephone (310) 921-3094

Facsimile (310) 921-3095Facsimile (310) 921-3095

Email: info@lapa.orgEmail: info@lapa.org

Website: www.lapa.orgWebsite: www.lapa.org