California Law on Paralegals: Business and Professions Code §§ 6450-6456, Slides of Civil Law

Download California Law on Paralegals: Business and Professions Code §§ 6450-6456 and more Slides Civil Law in PDF only on Docsity! What every California attorney and paralegal needs to know about Business and Professions Code §§ 6450 - 6456 Docsity.com CONSUMER PROTECTION • Initial Assembly Bill 1761 was sponsored by the California Alliance of Paralegals to protect consumers from untrained unqualified individuals who hold themselves out as “paralegals” and provide poor services. • Governor Gray Davis signed Assembly Bill 1761 on September 13, 2000. • The Bill was codified in Business & Professions Code §§ 6450 – 6456 and became effective January 1, 2001. • The law defines qualifications and functions of paralegals practicing in California. 2 Docsity.com 5 EDUCATION AND EXPERIENCE REQUIREMENTS Pursuant to Section 6450 (c), a paralegal must possess at least one of the following: 1) A certificate of completion from a paralegal program approved by the American Bar Association; or 2) A certificate of completion from a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education; or Docsity.com 6 3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks; or 4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. Docsity.com SUNSET PROVISION • This experience and training outlined in paragraph four above shall be completed no later than December 31, 2003. There is no "grandfather" provision for those who already practice as paralegals but do not meet one of these requirements 7 Docsity.com What Paralegals May Not Do • Provide legal advice; • Represent a client in court; • Select, explain, draft, or recommend the use of any legal document to or for any person other than the supervising attorney; • Act as a runner or capper as defined in Sections 6151- 6152; • Engage in conduct that constitutes the unlawful practice of law; • Contract with, or be employed by, a natural person other than an attorney to perform paralegal services; • Induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income and/or profit, may be derived; or • Establish the fees to charge a client for paralegal services. (Does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity). 10 Docsity.com CONFIDENTIALITY Under Section 6453: • Paralegals are subject to the same duties of client confidentiality as attorneys (B&P Code § 6068(e)). • Paralegals are required "to preserve the attorney-client privilege." • Paralegals are not made directly subject to other ethical restrictions, such as those relating to conflicts of interest. 11 Docsity.com PENALTIES • Under Section 6451, it is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. • Under Section 6452, it is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of 6450(c) and performs all services under the direction and supervision of an attorney. Business cards must have the name of the employing law firm or a statement that the paralegal is employed or retained by a lawyer. 12 Docsity.com