BILL ANALYSIS                                                                                                                                                                                                    





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 285 (Gallagher)
          Version: July 2, 2015
          Hearing Date: July 14, 2015
          Fiscal: Yes
          Urgency: No
          TMW


                                        SUBJECT
                                           
                      Professions and vocations:  registration

                                      DESCRIPTION  

          This bill, until January 1, 2021, would repeal all secondary  
          county registration requirements for unlawful detainer  
          assistants (UDAs) and legal document assistants (LDAs),  
          establish a 15-hour continuing legal education requirement for  
          UDA and LDA registration and renewal, provide additional oral  
          and written client disclosures, and provide that the venue for  
          any disputes involving a UDA or LDA would be in the county of  
          the client's primary residence.  This bill would also authorize  
          a county clerk to assign the same registration number to a UDA,  
          LDA, process server, and professional copier renewing his or her  
          registration as long as the registration has not lapsed for  
          three or more years.

                                      BACKGROUND  

          Under California law, certain types of legal services can be  
          performed by legal document assistants (LDAs) or unlawful  
          detainer assistants (UDAs).  Legal document and unlawful  
          detainer assistants provide, for compensation, self-help  
          assistance to members of the public who are representing  
          themselves in legal matters.  LDAs and UDAs are prohibited from  
          providing legal advice or opinion, but they are permitted to  
          prepare legal documents; provide attorney-authored general  
          information and published legal documents; and file and serve  
          documents at the direction of the client.









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          LDAs and UDAs are subject to comprehensive registration,  
          bonding, and business practice requirements to ensure that  
          clients are protected from unscrupulous legal document  
          preparers.  LDAs and UDAs are required to register in the county  
          of their primary place of business (primary registration) and in  
          each additional county in which they provide services (secondary  
          registration).  County clerks are responsible for reviewing the  
          applications of and registering LDAs and UDAs.  Among their  
          duties, clerks are responsible for ensuring that registrants  
          receive identification cards and comply with the prerequisites  
          for registration.  Clerks are also responsible for maintaining a  
          register, assigning a number, and issuing identification cards  
          to process servers (individuals who serve legal documents) and  
          professional photocopiers (services that receive or copy  
          personal medical information, personal identifying information,  
          or business records, including legal documents).

          This bill would repeal the secondary county registration  
          requirements of LDAs and UDAs and require additional education  
          and client disclosures.  This bill would also authorize county  
          clerks to assign the same registration number to LDAs, UDAs,  
          process servers, and professional photocopiers if the  
          registration has not lapsed for three or more years.

                                CHANGES TO EXISTING LAW
           
           Existing law  prescribes registration, business practices, client  
          disclosures, and education requirements for legal document  
          assistants (LDAs) and unlawful detainer assistants (UDAs).   
          (Bus. & Prof. Code Sec. 6400 et seq.)

           Existing law defines a legal document assistant (LDA) as a  
          person, corporation, partnership, association, or other entity  
          that employs or contracts with any person, unless otherwise  
          exempt, who provides or assists in providing, for compensation,  
          any self-help service to another person who is self-represented  
          in a legal matter.  (Bus. & Prof. Code Sec. 6400(c).)  Existing  
          law prohibits LDAs from providing any kind of advice,  
          explanation, opinion, or recommendation to a client about  
          possible legal rights, remedies, defenses, options, selection of  
          forms, or strategies.

           Existing law  defines an unlawful detainer assistant (UDA) to  
          mean an individual who, for compensation, renders assistance or  
          advice in the prosecution or defense of an unlawful detainer  







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          claim or action.  (Bus. & Prof. Code Sec. 6400 (a).)

           Existing law  requires UDAs and LDAs to be registered with the  
          county clerk in the county in which their principal place of  
          business is located and in any other county in which they  
          perform acts for which registration is required.  (Bus. & Prof.  
          Code Sec. 6402.)

           Existing law  requires an LDA or UDA applicant to provide  
          specified information, including his or her name, age, address,  
          telephone number, felony and misdemeanor convictions, and  
          liability in civil actions.  (Bus. & Prof. Code Sec. 6403(a),  
          (c).)  Existing law requires the county clerk to retain the  
          registration application for three years following the  
          expiration date of the application.  (Bus. & Prof. Code Sec.  
          6403(e).)

           Existing law  requires LDA or UDA applicants to pay a $175 fee to  
          the county clerk at the time he or she files an application for  
          initial registration, including a primary or secondary  
          registration or renewal of registration.  (Bus. & Prof. Code  
          Sec. 6404.)
           Existing law  requires the LDA or UDA registration applicant to  
          include with the registration application a $25,000 bond (for  
          individuals) or, if the applicant is a partnership or  
          corporation, a bond for $25,000 for one to four LDAs or UDAs,  
          $50,000 for five to nine assistants, or $100,000 for 10 or more  
          assistants.  (Bus. & Prof. Code Sec. 6405(a).)  Existing law  
          requires the bond to be made in favor of the State of California  
          for the benefit of any person who is damaged as a result of a  
          violation of the LDA  or UDA statutes or by the fraud,  
          dishonesty, or incompetency of an individual, partnership, or  
          corporation registered as an LDA.  (Bus. & Prof. Code Sec.  
          6405(h).)

           Existing law  makes a certificate of registration effective for  
          two years, until the date the bond expires, or until the total  
          number of LDAs and UDAs employed by a partnership or corporation  
          exceeds the number allowed for the amount of the bond in effect,  
          whichever occurs first.  (Bus. & Prof. Code Sec. 6406(a).)   
          Existing law, if the county clerk finds that an applicant has  
          failed to demonstrate having met the requisite requirements to  
          obtain registration, requires the county clerk to return the  
          application and fee to the applicant with a notice to the  
          applicant indicating the reason for the denial and the method of  







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          appeal.  (Bus. & Prof. Code Sec. 6406(c).)

           Existing law  requires the county clerk to maintain a register of  
          LDAs, and a register of UDAs, assign a unique number to each  
          LDA, or UDA, and issue an identification card to each one.   
          (Bus. & Prof. Code Sec. 6407(a).)  Upon renewal of registration,  
          the same number is assigned, provided there is no lapse in the  
          period of registration.  (Id.)  Existing law prescribes the size  
          of and information contained on the identification card.  (Bus.  
          & Prof. Code Sec. 6407(b).)

           Existing law  requires a registered LDA or UDA to include his or  
          her name, business address, telephone number, registration  
          number, and county of registration in any solicitation or  
          advertisement, and on any papers or documents prepared or used  
          by the registrant, including, but not limited to, contracts,  
          letterhead, business cards, correspondence, documents, forms,  
          claims, petitions, checks, receipts, money orders, and  
          pleadings. The registrant's name, business address, telephone  
          number, registration number, expiration date of the  
          registration, and county of registration shall appear on the  
          written contract required to be provided to a client pursuant to  
          Section 6410, as well as on any Internet Web site maintained by  
          the registrant, and in any solicitation, advertisement,  
          document, or correspondence prepared or used by the registrant  
          in electronic form.  (Bus. & Prof. Code Sec. 6408.)

           Existing law  requires every LDA or UDA who enters into a  
          contract or agreement with a client to provide services, prior  
          to providing any services, to provide the client with a written  
          contract, the contents of which shall be prescribed by  
          regulations adopted by the Department of Consumer Affairs, and  
          requires the written contract to include all of the following  
          provisions:
           the services to be performed;
           the costs of the services to be performed;
           a statement, on the face of the contract in 12-point boldface  
            type, that the legal document assistant or unlawful detainer  
            assistant is not an attorney and may not perform the legal  
            services that an attorney performs;
           a statement in 12-point boldface type that the county clerk  
            has not evaluated or approved the registrant's knowledge or  
            experience, or the quality of the registrant's services;
           a statement in 12-point boldface type that the consumer may  
            obtain information regarding free or low-cost representation  







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            through a local bar association or legal aid foundation and  
            that the consumer may contact local law enforcement, a  
            district attorney, or a legal aid foundation if the consumer  
            believes that he or she has been a victim of fraud, the  
            unauthorized practice of law, or any other injury; and
           a statement in 12-point boldface type that a legal document  
            assistant or unlawful detainer assistant is not permitted to  
            engage in the practice of law, including providing any kind of  
            advice, explanation, opinion, or recommendation to a consumer  
            about possible legal rights, remedies, defenses, options,  
            selection of forms, or strategies.  (Bus. & Prof. Code Sec.  
            6410(a), (b).)

           Existing law  requires the contract to be written both in English  
          and in any other language comprehended by the client and  
          principally used in any oral sales presentation or negotiation  
          leading to execution of the contract, and the legal document  
          assistant or the unlawful detainer assistant is responsible for  
          translating the contract into the language principally used in  
          any oral sales presentation or negotiation leading to the  
          execution of the contract.  (Bus. & Prof. Code Sec. 6410(c).)

           Existing law  specifies that the failure of an LDA or UDA to  
          provide the required contract information makes the contract or  
          agreement for services voidable at the option of the client;  
          upon the voiding of the contract, the LDA or UDA is required to  
          immediately return in full any fees paid by the client.  (Bus. &  
          Prof. Code Sec. 6410(d).)

           Existing law  , in addition to any other right to rescind,  
          provides the client the right to rescind the contract within 24  
          hours of the signing of the contract, and the client may cancel  
          the contract by giving the LDA or the UDA any written statement  
          to the effect that the contract is canceled.  If the client  
          gives notice of cancellation by mail addressed to the LDA or  
          UDA, with first-class postage prepaid, cancellation is effective  
          upon the date indicated on the postmark, and, upon the voiding  
          or rescinding of the contract or agreement for services, the LDA  
          or UDA is required to immediately return to the client any fees  
          paid by the client, except fees for services that were actually,  
          necessarily, and reasonably performed on the client's behalf by  
          the legal document assistant or unlawful detainer assistant with  
          the client's knowing and express written consent.  (Bus. & Prof.  
          Code Sec. 6410(e).)








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           Existing law  makes it unlawful for any legal document assistant  
          or unlawful detainer assistant, in the first in-person or  
          telephonic solicitation of a prospective client of legal  
          document or unlawful detainer assistant services, to enter into  
          a contract or agreement for services or accept any compensation  
          unless the legal document assistant or the unlawful detainer  
          assistant states orally, clearly, affirmatively and expressly  
          all of the following, before making any other statement, except  
          statements required by law in telephonic or home solicitations,  
          and a greeting, or asking the prospective client any questions:
           the identity of the person making the solicitation;
           the trade name of the person represented by the person making  
            the solicitation, if any;
           the kind of services being offered for sale; and
           the statement:  "I am not an attorney" and, if the person  
            offering legal document assistant or unlawful detainer  
            assistant services is a partnership or a corporation, or uses  
            a fictitious business name, "[name] is not a law firm.  I/we  
            cannot represent you in court, advise you about your legal  
            rights or the law, or select legal forms for you."  (Bus. &  
            Prof. Code Sec. 6410.5(a).)
           
          Existing law  , if the first contact between an LDA or UDA and a  
          prospective client is initiated by the prospective client, makes  
          it unlawful for the LDA or UDA to enter into a contract or  
          agreement for services or accept any compensation unless the LDA  
          or UDA states orally, clearly, affirmatively and expressly,  
          during that first contact, and before offering any contract or  
          agreement for services to the prospective client, the following:  
           "I am not an attorney [and, if the person offering legal  
          document assistant or unlawful detainer assistant services is a  
          partnership or a corporation, or uses a fictitious business  
          name, "[name] is not a law firm."] [I/We] cannot (1) represent  
          you in court, (2) advise you about your legal rights or the law,  
          or (3) select legal forms for you."  (Bus. & Prof. Code Sec.  
          6410.5(b).)  Existing law allows, after making this statement,  
          and before offering the prospective client a contract or  
          agreement for services, an LDA or UDA who has made the statement  
          to ask the prospective client to read the "Notice to Consumer,"  
          as provided by statute, and after allowing the prospective  
          client time to read the notice, to ask the prospective client to  
          sign and date the notice.  (Id.)

           Existing law  prescribes registration and registration renewal  
          requirements for process servers.  (Bus. & Prof. Code Sec.  







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          22355.)

           Existing law  defines a process server as any natural person that  
          makes, for compensation, more than 10 services of process in  
          California during a calendar year, and any corporation that  
          derives compensation from service of process within California.   
          (Bus. & Prof. Code Sec. 22350.)

           Existing law  prescribes registration and registration renewal  
          requirements for professional photocopiers.  (Bus. & Prof. Code  
          Sec. 22457.)

           Existing law  defines a professional photocopier to mean any  
          person who, for compensation, obtains or reproduces documents  
          pertaining to personal medical information, personal identifying  
          information, or business records.  (Bus. & Prof. Code Sec.  
          22450.)

           Existing law  requires process servers and professional  
          photocopiers to register with the county clerk of the county in  
          which they reside or have a principal place of business. (Bus. &  
          Prof. Code Secs. 22350 et seq., 22450 et seq.)

           Existing law  requires the county clerk to retain a certificate  
          of registration of a process server for a period of three years  
          following the expiration date of the certificate or retain an  
          application for registration of a professional photocopier for  
          three years following the expiration date of the application.   
          (Bus. & Prof. Code Secs. 22351(c), 22452(c).)

           This bill  would repeal the requirement for an LDA or UDA to also  
          register in any other county in which he or she performs acts  
          for which registration is required (secondary registration),  
          make conforming changes in several code sections, and, require  
          the LDA or UDA to register in any county in which he or she  
          maintains a branch office.

           This bill  , to be eligible to renew registration, would require  
          the registrant to complete 15 hours of continuing legal  
          education courses, as specified, during the two-year period  
          preceding renewal.

           This bill  would repeal the requirement that the application for  
          registration indicate whether the registration was primary or  
          secondary, and, instead, require an application for renewal of  







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          registration to include a statement by the applicant that he or  
          she has completed the 15-hour legal education courses prescribed  
          under this bill.

           This bill  would require a registered LDA or UDA to provide his  
          or her name, business address, telephone number, registration,  
          and county of registration in on any printed papers or documents  
          prepared or used by the registrant, but no longer require the  
          expiration date of the registration to be provided in any  
          solicitation or advertisement, or on any printed papers or  
          documents.  This bill would require the above information to  
          also appear on the written contract that must be provided to a  
          client, as well as on any Internet Web site maintained by the  
          registrant, and in any solicitation, advertisement, document, or  
          correspondence prepared or used by the registrant in electronic  
          form.

           This bill  would require the venue for an action arising out of a  
          dispute between an LDA or UDA and his or her client to be the  
          county in which the client has his or her primary residence, and  
          require a written contract entered into on or after January 1,  
          2016, between an LDA or UDA and a client to contain a statement  
          that the venue for an action arising out of a dispute between an  
          LDA or UDA and his or her client shall be the county in which  
          the client has his or her primary residence.

           This bill  would make it unlawful for any LDA or UDA, in the  
          first contact with a prospective client, to enter into a  
          contract or agreement for services or accept any compensation  
          unless the LDA or UDA orally states to the prospective client  
          specified information, including the county in which the LDA or  
          UDA is registered and his or her registration number and  
          expiration date of the registration.

           This bill  , after the LDA or UDA makes the required oral consumer  
          notification statements, would make it unlawful for an LDA or  
          UDA to enter into a contract or agreement for services or accept  
          any compensation unless the LDA or UDA also provides the client  
          with a written notice to consumer, and requires the LDA or UDA  
          to ask the prospective client to sign and date the notice.  

           This bill  , if the first contact between the LDA or UDA and the  
          client is not in person, would require the written notice to  
          consumer to be provided to the prospective client at the first  
          in person meeting or mailed to the prospective client before  







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          entering into a contract or agreement for services or accepting  
          any compensation.

           This bill  would require the LDA's or UDA's notice to consumer  
          and written contract entered into between an LDA or UDA and a  
          client to include the contact information of the County Clerk's  
          office where the LDA or UDA is registered, including the  
          address, phone number, and Internet Web site, if available.
           
          This bill  would make the LDA or UDA responsible for translating  
          the notice to consumer into the language principally used in any  
          oral sales presentation or negotiation.

           This bill  would add to the statutory Notice to Consumer that the  
          LDA or UDA is registered in the specified county, registration  
          number, and expiration date and a statement that the prospective  
          client can confirm the LDA's or UDA's registration by contacting  
          the office of the county clerk where the LDA or UDA is  
          registered at the appropriate county clerk's phone number,  
          address, or Internet Web site to be provided by the LDA or UDA.

           This bill  would make the above provisions regarding LDAs and  
          UDAs effective only until January 1, 2021, unless a later  
          enacted statute is enacted before that date to delete or extend  
          that sunset.
           
          This bill  would authorize the county clerk to assign the same  
          registration number upon renewal of LDA, UDA, process service,  
          and professional photocopier registration, provided the  
          applicant is renewing registration in the same county in which  
          he or she was previously registered and there is no lapse of  
          three or more years in the period of registration.

                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:
          
             AB 285 brings common-sense changes to the registration  
             requirements of Legal Document Assistants to modernize the  
             profession and bring it in line with similar businesses and  
             professions.  Legal Document Assistants are key providers of  
             crucial legal services to underserved populations.  It is  
             important to make these changes to clear up unnecessary and  







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             onerous requirements, while leaving crucial consumer  
             protections in place.

          2.  Revising LDA and UDA disclosures to consumers  

          Existing law requires LDAs and UDAs to provide his or her  
          registration number and registration expiration date on any  
          solicitation or advertisement, and on any papers or documents  
          prepared or used by the registrant, including, but not limited  
          to, contracts, letterhead, business cards, correspondence,  
          documents, forms, claims, petitions, checks, receipts, money  
          orders, and pleadings.  This bill would remove the expiration  
          date provision from any printed papers or documents, but, if the  
          LDA or UDA maintains an Internet Web site, would require the  
          expiration date to be included on that Internet Web site and any  
          document in electronic form.  This bill would also require the  
          expiration date to be provided in the Notice to Consumer  
          provided to a prospective client, be provided orally or in  
          writing when soliciting a client, and any written contract with  
          the client.

          The National Federation of Independent Business (NFIB), in  
          support, states that "[t]he [LDA] profession was created by the  
          Legislature to provide critical legal document support for those  
          who cannot afford the high legal fees of other professionals.   
          Unfortunately the LDA registration process has proven to be  
          overbearing and challenging for these small business owners, and  
          is a huge disincentive for people to enter into this important  
          line of work.  Unlike other similar professions like notaries or  
          paralegals, the law requires LDAs to include the expiration date  
                                                           of their registration on all legal documents, while requiring  
          them to re-register every two years whereupon they receive a new  
          registration number.  This means that they must re-purchase new  
          documents, stamps, etc., every time their registration is  
          renewed.  The inclusion of an expiration date on the legal  
          documents serves no legitimate purpose in consumer protection.   
          Current law imposes a burden on one profession that similar  
          professions do not bear."

          The California Association of Legal Document Assistants (CALDA),  
          sponsor, states that "requiring that all work related materials  
          have to include the registration expiration date is an undue  
          burden on LDAs.  This requirement is unnecessarily duplicative  
          for every document, but should continue to be included in the  
          required Contract for Self Help Services we use in our daily  







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          work."  CALDA further asserts that this bill "will make  
          registration and the LDA practice more cost and time effective,  
          which will in turn aid low-income clients who cannot afford the  
          rising cost of attorney's fees and frequently need LDA  
          services."

          The author points to a study by the Responsive Law Center, which  
          found that "Californians are increasingly unable to afford legal  
          help.  The average Californian must work 20 hours to pay for  
          just one hour of an attorney's time" (based on a pre-tax income  
          of $29,630 and attorney billing rate of $250/hour).  The author  
          argues that LDAs play an important role in providing access to  
          justice through assisting self-represented parties with document  
          preparation and other tasks, but, unfortunately, regulatory  
          burdens discourage many LDAs from expanding and becoming more  
          accessible.  The bill seeks to provide an appropriate balance  
          between the cost of doing business as an LDA or UDA and client  
          protection by removing the two-year reprinting requirement  
          currently undertaken by an LDA or UDA after each registration  
          renewal, and establishing new written contract, consumer notice,  
          Internet Web site, and electronic form disclosure requirements,  
          which would include the expiration date of the registration.   
          Further, to address concerns raised by the Western Center on Law  
          and Poverty, this bill was recently amended to clarify the oral  
          statement, written notice to consumer, and contract provisions,  
          and to add a sunset of the LDA and UDA provisions specified  
          under this bill in order to provide additional consumer  
          protections.

          3.  Providing venue for client actions against LDAs and UDAs in  
            lieu of multi-county registration  

          Existing law requires an LDA or UDA to register in the county of  
          his or her principal place of business, which is considered the  
          primary registration.  If the LDA or UDA also provides services  
          to clients in other counties, the LDA or UDA is also required to  
          register in those counties, which is considered the secondary  
          registration(s).

          Notably, the current registration requirement was written before  
          the advent of the Internet, which is used by many professionals  
          and businesses to solicit services and provide information to  
          prospective clients.  The author argues that by current law,  
          anyone with an Internet Web site should presumably register in  
          all counties, or refuse business in counties in which they are  







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          not registered.  Yet, the author points out, similar  
          professions, including process servers and notaries, are not  
          subject to such a requirement.  Further, CALDA argues that the  
          primary and secondary registration requirements are an  
          unnecessary burden on LDAs who wish to do business at the state  
          level, but are restricted due to the time consuming process of  
          registering in every single county.  

          This bill seeks to update existing law to provide for the  
          solicitation of services of UDAs and LDAs by allowing an LDA or  
          UDA to register only in the county in which her principal place  
          of business is located, and in which he or she maintains a  
          branch office.  In order to ensure that clients are able to  
          effectively pursue claims against an LDA or UDA, if needed, this  
          bill would establish that the venue for any dispute between a  
          client and an LDA or UDA must be in the county where the client  
          primarily resides.  In this way, this bill seeks to balance the  
          interconnectivity of professionals and clients, while  
          maintaining appropriate client protection and convenience  
          through judicial review in the county in which the client  
          resides, rather than the county in which the LDA or UDA  
          principally performs his or her business.  This bill maintains  
          the requirement to disclose the county of registration and  
          registration number, and would also require the LDA or UDA to  
          provide written notice of the venue requirement in the written  
          contract with the client to ensure the client is aware of his or  
          her rights.

          4.  Registration number continuity  
           
           Rather than reassigning a new registration number to an LDA or  
          UDA at each registration renewal, this bill would authorize the  
          county clerk to assign the same registration number to the LDA  
          or UDA, provided the registration has not lapsed for three or  
          more years.  

          The author argues that this number reassignment requirement is  
          problematic for several reasons:  "First, requiring a new  
          registration number serves only to increase costs to LDAs by  
          forcing providers to reorder stamps, stationary, business cards,  
          and other promotional materials.  Additionally, multiple  
          registration numbers make it more difficult to track the history  
          of nefarious individuals and is deceptive to the public as to  
          how long the registrant has been practicing."  The author  
          contends that allowing LDAs and UDAs to keep their original  







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          registration numbers after periods of non-renewal, provided  
          there is not a lapse of three or more years, would bring this  
          requirement more closely in line with similar professions  
          (lawyers, contractors, engineers, medical professionals, private  
          investigators, CPAs, and tax preparers) who maintain their  
          original registration numbers, even after voluntary periods of  
          non-practice.

          Further, county clerks do not want to maintain applications for  
          an undefined amount of time to comply with this provision, so  
          this bill would limit the lapse provision to three years, which  
          is consistent with the current county clerk record retention  
          requirement.  To maintain consistency, this bill also allows  
          county clerks to assign the same registration number to process  
          servers and professional photocopiers if there is no lapse in  
          registration for three or more years.

          5.  Increased education requirements

           In order for an LDA or UDA to renew his or her registration,  
          this bill would require an LDA or UDA to complete 15 hours of  
          continuing legal education (CLE) courses during the two-year  
          period preceding renewal.  This bill would also require the LDA  
          or UDA to provide a statement in the renewal application that he  
          or she has completed the required courses.

          In support of this provision, the author argues that legal  
          documents are constantly being updated, and with the vast  
          growing of self-represented litigants needing assistance in  
          representing themselves, it is essential for the LDA or UDA to  
          constantly update his or her skills and knowledge base in the  
          areas in which he or she provides assistance to clients.  The  
          author asserts that one way this can be done is through CLE.   
          The author contends that mandatory CLE will protect the consumer  
          by ensuring the quality of the legal professional's work.   
          Furthermore, a well-trained LDA and UDA workforce will be  
          well-equipped to deliver access to justice for Californians who  
          cannot afford the cost of traditional legal services.  Notably,  
          CLE requirements established under this bill are nearly double  
          the required 8 hours necessary for paralegals.


           Support  :  A Legal Bridge; A People's Choice; Affordable Wills &  
          Trusts; ASAP Legal, Inc.; California Document Preparers;  
          Judicial Self-Help Center; Quality Document Preparation Center;  







          AB 285 (Gallagher)
          Page 14 of ? 

          National Federation of Independent Business; Responsive Law  
          Center; Siskiyou Legal Document Services; 33 Individuals

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  California Association of Legal Document Assistants

           Related Pending Legislation  :  None Known

           Prior Legislation  : 

          AB 620 (Perez, Chapter 458, Statutes of 2009) provided county  
          clerks with flexibility to issue identification cards that take  
          advantage of new security features, and clarified rules  
          pertaining to identification cards for corporations and  
          partnerships of legal document assistants, unlawful detainer  
          assistants, process servers, and professional photocopiers.  It  
          also required that applications for professional photocopiers be  
          signed under penalty of perjury, as is already required for  
          related professions.

          AB 935 (Committee on Business & Professions, Chapter 402,  
          Statutes of 2007), among other things, established a three-year  
          retention period for applications and certificates of  
          registration of process servers, professional copiers, unlawful  
          detainer assistants, and legal document assistants filed with  
          the county clerk.

          AB 1698 (Committee on Judiciary, Chapter 1018, Statutes of 2002)  
          repealed the legal document assistant pilot program regulations  
          and replaced it with a permanent and more comprehensive set of  
          regulations.

          SB 1418 (Rosenthal, Chapter 1079, Statutes of 1998) established  
          a four-year pilot project regulating the business and  
          registration of legal document assistants, with a sunset date of  
          January 1, 2003.

           Prior Vote  :

          Assembly Floor (Ayes 76, Noes 0)
          Assembly Appropriations Committee (Ayes 15, Noes 0)
          Assembly Local Government Committee (Ayes 9, Noes 0)







          AB 285 (Gallagher)
          Page 15 of ? 

          Assembly Judiciary Committee (Ayes 10, Noes 0)

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