SECTIONS 6400-6401.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6400-6401.6

6400. (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
(b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
(c) "Legal document assistant" means:
(1) Any person who is not exempted under Section 6401 and who
provides, or assists in providing, or offers to provide, or offers to
assist in providing, for compensation, any self-help service to a
member of the public who is representing himself or herself in a
legal matter, or who holds himself or herself out as someone who
offers that service or has that authority. This paragraph does not
apply to any individual whose assistance consists merely of
secretarial or receptionist services.
(2) A corporation, partnership, association, or other entity that
employs or contracts with any person not exempted under Section 6401
who, as part of his or her responsibilities, provides, or assists in
providing, or offers to provide, or offers to assist in providing,
for compensation, any self-help service to a member of the public who
is representing himself or herself in a legal matter or holds
himself or herself out as someone who offers that service or has that
authority. This paragraph does not apply to an individual whose
assistance consists merely of secretarial or receptionist services.
(d) "Self-help service" means all of the following:
(1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself in a legal matter,
by typing or otherwise completing the documents at the person's
specific direction.
(2) Providing general published factual information that has been
written or approved by an attorney, pertaining to legal procedures,
rights, or obligations to a person who is representing himself or
herself in a legal matter, to assist the person in representing
himself or herself. This service in and of itself, shall not require
registration as a legal document assistant.
(3) Making published legal documents available to a person who is
representing himself or herself in a legal matter.
(4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a
legal matter.
(e) "Compensation" means money, property, or anything else of
value.
(f) A legal document assistant, including any legal document
assistant employed by a partnership or corporation, may not provide
any self-help service for compensation, unless the legal document
assistant is registered in the county in which his or her principal
place of business is located and in any other county in which he or
she performs acts for which registration is required.
(g) A legal document assistant may not provide any kind of advice,
explanation, opinion, or recommendation to a consumer about possible
legal rights, remedies, defenses, options, selection of forms, or
strategies. A legal document assistant shall complete documents only
in the manner prescribed by paragraph (1) of subdivision (d).

6401. This chapter does not apply to any person engaged in any of
the following occupations, provided that the person does not also
perform the duties of a legal document assistant in addition to those
occupations:
(a) Any government employee who is acting in the course of his or
her employment.
(b) A member of the State Bar of California, or his or her
employee, paralegal, or agent, or an independent contractor while
acting on behalf of a member of the State Bar.
(c) Any employee of a nonprofit, tax-exempt corporation who either
assists clients free of charge or is supervised by a member of the
State Bar of California who has malpractice insurance.
(d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4, who acts pursuant to subdivision (b) of
Section 10131 on an unlawful detainer claim as defined in subdivision
(b) of Section 6400, and who is a party to the unlawful detainer
action.
(e) An immigration consultant, as defined in Chapter 19.5
(commencing with Section 22441) of Division 8.
(f) A person registered as a process server under Chapter 16
(commencing with Section 22350) or a person registered as a
professional photocopier under Chapter 20 (commencing with Section
22450) of Division 8.
(g) A person who provides services relative to the preparation of
security instruments or conveyance documents as an integral part of
the provision of title or escrow service.
(h) A person who provides services that are regulated by federal
law.
(i) A person who is employed by, and provides services to, a
supervised financial institution, holding company, subsidiary, or
affiliate.

6401.5. This chapter does not sanction, authorize, or encourage the
practice of law by nonlawyers. Registration under this chapter, or
an exemption from registration, does not immunize any person from
prosecution or liability pursuant to Section 6125, 6126, 6126.5, or
6127.

6401.6. A legal document assistant may not provide service to a
client who requires assistance that exceeds the definition of
self-help service in subdivision (d) of Section 6400, and shall
inform the client that the client requires the services of an
attorney.