BILL NUMBER: AB 1761	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000
	AMENDED IN ASSEMBLY   MARCH 20, 2000

INTRODUCED BY   Assembly Members Brewer and Rod Pacheco
   (Coauthors:  Assembly Members Cunneen and Maldonado)
   (Coauthor:  Senator Speier)

                        JANUARY 18, 2000

   An act to add Chapter 5.6 (commencing with Section 6450) to
Division 3 of, and to repeal Section 6450 of, the Business and
Professions Code, relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1761, as amended, Brewer.  Professions and vocations:
paralegals.
   Existing law defines the qualifications for and regulates the
practice of various professions and vocations.
   This bill would establish the qualifications for practice as a
paralegal and make it unlawful for any person to identify himself or
herself as a paralegal unless he or she meets those qualifications
and performs all services under the direct supervision of an active
member of the State Bar of California.
   This bill would also make it unlawful for a paralegal to perform
any services for a consumer, as defined, except as directed by the
attorney or entity employing or contracting with the paralegal.  This
bill would provide for the recovery of attorney's fees in a civil
action brought in connection with a violation of these provisions.
This bill would prohibit a person who has been disbarred or suspended
from the practice of law from using the title "paralegal" or "legal
assistant" during the period of any disbarment or suspension.
   Because a violation of the bill's provisions would be punishable
as  an infraction or as  a misdemeanor,  as specified,
 this bill would impose a state-mandated local program by
creating a new crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 5.6 (commencing with Section 6450) is added to
Division 3 of the Business and Professions Code, to read:

      CHAPTER 5.6.  PARALEGALS

   6450.  (a) "Paralegal" means a person who either contracts with or
is employed by an attorney, law firm, corporation, governmental
agency, or other entity and who performs substantial legal work under
the direction and supervision of an active member of the State Bar
of California, as defined in Section 6060, that has been specifically
delegated by the attorney to him or her.  Tasks performed by a
paralegal are those traditionally performed by an attorney and
include, but are not limited to, case planning, development, and
management; legal research; interviewing clients; fact gathering and
retrieving information; drafting and analyzing legal documents; and
collecting, compiling, and utilizing technical information to make an
independent decision and recommendation to an attorney.
   (b) A paralegal shall not give legal advice, represent a client in
court, or set fees.  A paralegal's fees shall be set by the attorney
who supervises the paralegal's work.
   (c) A paralegal shall possess at least one of the following:
   (1) A certificate of completion of a paralegal program approved by
the American Bar Association.
   (2) A certificate of completion of a paralegal program at 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 either the Bureau for Private
Postsecondary and Vocational Education or another accrediting
organization.
   (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 active member of the State Bar of California, and a written
declaration from this attorney stating that the person is qualified
to perform paralegal tasks.
   (4) A high school diploma or general equivalency diploma, a
minimum of three years of law-related experience under the
supervision of an active member of the State Bar of California, and a
written declaration from this attorney stating that the person is
qualified to perform paralegal tasks.
   (d) All paralegals shall be required to certify completion every
three years of four hours of mandatory continuing legal education in
legal ethics.  All continuing legal education courses shall meet the
requirements of Section 6070.
   (e) A paralegal does not include a nonlawyer who provides legal
services directly to members of the public or a legal document
assistant or unlawful detainer assistant as defined in Section 6400.

   (f) If a legal document assistant, as defined in subdivision (c)
of Section 6400, has registered, on or before January 1, 2001, as
required by law, a business name that includes the word "paralegal,"
that person may continue to use that business name until he or she is
required to renew registration.  Thereafter, that person shall no
longer be allowed to use the title "paralegal."
   (g) No person who has been disbarred or suspended from the
practice of law pursuant to Article 6 (commencing with Section 6100)
of Chapter 4 shall, during the period of any disbarment or
suspension, use the title "paralegal" or "legal assistant."
   (h) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2004, deletes or extends
that date.
   6450.  (a) "Paralegal" means a person who either contracts with or
is employed by an attorney, law firm, corporation, governmental
agency, or other entity and who performs substantial legal work under
the direction and supervision of an active member of the State Bar
of California, as defined in Section 6060, that has been specifically
delegated by the attorney to him or her.  Tasks performed by a
paralegal are those traditionally performed by an attorney and
include, but are not limited to, case planning, development, and
management; legal research; interviewing clients; fact gathering and
retrieving information; drafting and analyzing legal documents; and
collecting, compiling, and utilizing technical information to make an
independent decision and recommendation to an attorney.
   (b) A paralegal shall not give legal advice, represent a client in
court, or set fees.  A paralegal's fees shall be set by the attorney
who supervises the paralegal's work.
   (c) A paralegal shall possess at least one of the following:
   (1) A certificate of completion of a paralegal program approved by
the American Bar Association.
   (2) A certificate of completion of a paralegal program at 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 either the Bureau for Private
Postsecondary and Vocational Education or another accrediting
organization.
   (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 active member of the State Bar of California, and a written
declaration from this attorney stating that the person is qualified
to perform paralegal tasks.
   (d) All paralegals shall be required to certify completion every
three years of four hours of mandatory continuing legal education in
legal ethics.  All continuing legal education courses shall meet the
requirements of Section 6070.
   (e) A paralegal does not include a nonlawyer who provides legal
services directly to members of the public, or a legal document
assistant or unlawful detainer assistant as defined in Section 6400.

   (f) No person who has been disbarred or suspended from the
practice of law pursuant to Article 6 (commencing with Section 6100)
of Chapter 4 shall, during the period of any disbarment or
suspension, use the title "paralegal" or "legal assistant."
   (g) This section shall become operative on January 1, 2004.
   6451.  It is unlawful for a paralegal to perform any services for
a consumer except as directed by the attorney, law firm, corporation,
government agency, or other entity that employs or contracts with
the paralegal.  Nothing in this section shall prohibit a paralegal
who is employed by an attorney, law firm, governmental agency, or
other entity from providing services to a consumer served by one of
these entities if those services are specifically allowed by statute,
case law, or court rule.  "Consumer" means a natural person, firm,
association, organization, partnership, business trust, corporation,
or public entity.
   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
subdivision (c) of Section 6450 and performs all services under the
direct supervision of an active member of the State Bar of California
who is ultimately responsible for all of the services performed by
the paralegal.
   6453.  The terms "paralegal," "legal assistant," "attorney
assistant," "freelance paralegal," "independent paralegal," and
"contract paralegal" are synonymous for purposes of this chapter.
   6454.  (a) Any consumer injured by a violation of this chapter may
file a complaint and seek redress in any municipal or superior court
for injunctive relief, restitution, and damages.  Attorney's fees
shall be awarded in this action to the prevailing plaintiff.
   (b) Any person who violates the provisions of Section 6451 or 6452
is guilty of  an infraction for the first violation, which is
punishable upon conviction by a fine of up to two thousand five
hundred dollars ($2,500) as to each consumer with respect to whom a
violation occurs, and is guilty of  a misdemeanor  for the
second and each subsequent violation, which is  punishable upon
conviction by a fine of two thousand five hundred dollars ($2,500) as
to each consumer with respect to whom a violation occurs, or
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.