SECTIONS 6450-6456 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6450-6456

6450. (a) "Paralegal" means a person who holds himself or herself
out to be a paralegal, who is qualified by education, training, or
work experience, 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, or an attorney practicing law in the
federal courts of this state, that has been specifically delegated by
the attorney to him or her. Tasks performed by a paralegal 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; collecting,
compiling, and utilizing technical information to make an independent
decision and recommendation to the supervising attorney; and
representing clients before a state or federal administrative agency
if that representation is permitted by statute, court rule, or
administrative rule or regulation.
(b) Notwithstanding subdivision (a), a paralegal shall not do the
following:
(1) Provide legal advice.
(2) Represent a client in court.
(3) Select, explain, draft, or recommend the use of any legal
document to or for any person other than the attorney who directs and
supervises the paralegal.
(4) Act as a runner or capper, as defined in Sections 6151 and
6152.
(5) Engage in conduct that constitutes the unlawful practice of
law.
(6) Contract with, or be employed by, a natural person other than
an attorney to perform paralegal services.
(7) In connection with providing paralegal services, induce a
person to make an investment, purchase a financial product or
service, or enter a transaction from which income or profit, or both,
purportedly may be derived.
(8) Establish the fees to charge a client for the services the
paralegal performs, which shall be established by the attorney who
supervises the paralegal's work. This paragraph 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 as provided in subdivision (a).
(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, 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.
(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.
(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. This
experience and training shall be completed no later than December
31, 2003.
(d) Every two years, commencing January 1, 2007, any person that
is working as a paralegal shall be required to certify completion of
four hours of mandatory continuing legal education in legal ethics
and four hours of mandatory continuing legal education in either
general law or in an area of specialized law. All continuing legal
education courses shall meet the requirements of Section 6070.
Certification of these continuing education requirements shall be
made with the paralegal's supervising attorney. The paralegal shall
be responsible for keeping a record of the paralegal's
certifications.
(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,
unless the person is a person described in subdivision (a).
(f) 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 performed under the direction and supervision of
the attorney, law firm, corporation, government agency, or other
entity that employs or contracts with the paralegal. Nothing in this
chapter 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, court rule,
or federal or state administrative rule or regulation. "Consumer"
means a natural person, firm, association, organization, partnership,
business trust, corporation, or public entity.

6452. (a) 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 direction and supervision of an attorney who is an
active member of the State Bar of California or an attorney
practicing law in the federal courts of this state who is responsible
for all of the services performed by the paralegal. The business
card of a paralegal shall include the name of the law firm where he
or she is employed or a statement that he or she is employed by or
contracting with a licensed attorney.
(b) An attorney who uses the services of a paralegal is liable for
any harm caused as the result of the paralegal's negligence,
misconduct, or violation of this chapter.

6453. A paralegal is subject to the same duty as an attorney
specified in subdivision (e) of Section 6068 to maintain inviolate
the confidentiality, and at every peril to himself or herself to
preserve the attorney-client privilege, of a consumer for whom the
paralegal has provided any of the services described in subdivision
(a) of Section 6450.

6454. The terms "paralegal," "legal assistant," "attorney
assistant," "freelance paralegal," "independent paralegal," and
"contract paralegal" are synonymous for purposes of this chapter.

6455. (a) Any consumer injured by a violation of this chapter may
file a complaint and seek redress in 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. Any person convicted of a violation of this section
shall be ordered by the court to pay restitution to the victim
pursuant to Section 1202.4 of the Penal Code.

6456. An individual employed by the state as a paralegal, legal
assistant, legal analyst, or similar title, is exempt from the
provisions of this chapter.