Paralegal” means a person qualified through education, training, or work experience to
perform substantive legal work under the direct supervision of an attorney. Paralegals
may be retained or employed by one or more lawyers, law offices, governmental agencies, or
other entities
WHAT IS Business and Professions Code §6450?
Shall not do the following:
1. Provide legal advice;
2. Represent client in court;
3. Select, draft, explain or recommend legal documents to or for person other than counsel that directly
supervises the paralegal; and
4. Establish fees to charge client
You shall possess at least one of the following:
1. Paralegal Certificate from ABA approved program;
2. Paralegal Certificate from postsecondary institution requiring at least 24 semester hour; and
3. B.A. and minimum one year law related; experience under attorney and written declaration stating
qualifications.
You MUST do: Obtain 4 hours or general education and 4 hours of ethics every 2
years to stay in compliance with paralegal statue.
Private Law Firms
•
75% of Paralegals work for private law firms.
•
OCPA recent survey showed 67.5% of OC paralegal work in private firms.
•
A private law firm is a law firm that generates income from the fees of
individual clients.
•
Size of a firm depends on the locale and area of law.
•
Private firms engage in general practice.
•
Own offices, bonuses, train new associate attorney
•
CONS: long hours
•
Limited vacation
•
Must meet billable hours rates
•
Salary cap
•
Limited duties
•
BILLABLE HOURS: generate the income of a law firm, so that it can pay
salaries and overhead costs. Depending on the firm, a paralegal may be
expected to generate between 800- 2000 billable hours per year. For
paralegals close to 18/2k this allows vacation time and equates to 37 billable
hours per week.
Law Departments in Banks or Corporations
•
•
“General counsel” is the name given to the in-house law department of
many large corporations and businesses.
•
The only client is the corporation or business itself.
•
OCPA survey show indicated that 30.7% of paralegals work in-house
•
The average corporate law department employs 1-2 paralegals and 3-5
staff attorneys.
•
PROS: no billable hours/ no long hours/ no salary cap/ better opp for adv.
•
CONS: small community, no perks, corp. layoffs, experience req 70%
OC Average SALARY
•
•
In-house:
•
Litigation-$68,387
•
Intellectual Property-$71,845
•
Corporate Law-$81,249
Law firm:
•
Litigation-$57,940
•
Intellectual Property-$61,445
•
Corporate Law-$71,178
Types of billing entries
Block Billing:
•
Just report the total amount of time, and the description
•
Example: (1.7 hours) Review client documents for production; draft email to
attorneys re privileged documents; telephone communication with Mr. Smith re
confirmation of legal counsel
Task Billing:
•
The time for each activity is reported as well.
•
The time for each activity must add up to the total for the day
•
Example: Review client documents for production (1.3); draft email to attorneys
re privileged documents (.2); telephone communication with Mr. Smith re
confirmation of legal counsel (.2)
The Major Players; THE BIG FIVE-
NALA: Paralegal Association
CAPA: California Alliance of Paralegal Associations
LAPA: Los Angeles Association of Paralegals
OCPA: OC PARA ASSOC
NFPA: Nat Fed of Para Assoc
CP EXAM
•
Voluntary certification, established in 1976, verifies criteria.
•
Knowledge Exam: MC questions and year round must be completed for..
•
Skills Exam: written assignment, administered during four testing windows
•
As of 12/1/2020:
20,178 CPs
•
•
3 Testing Windows per year
• Think New Year’s Resolution - JANUARY
• Think Memorial Day - MAY
• Think Labor Day - SEPTEMBER
Deadline to Apply
•
• 1 of the month PRIOR to the testing date
• Fees $250 and $60 for retake of section
Late Application Deadline
st
•
•
•
•
th
10 of the month - $25 LATE FEE
Certificated Paralegal
Complete ABA Paralegal Program;
Complete post-secondary paralegal program
Bachelors Degree and one year of legal experience with Declaration from
attorney acknowledging your work experience.
Certified Paralegal
Complete Paralegal Program; // Take Voluntary Certification test administered by
NALA or NFPA; // Can use RP, CRP, CP or ACP behind name
Example: Kai Williamson, CP // Example: Kai Williamson, RP
LDA vs. Paralegal Qualifications
1. Paralegal
ABA Approved Program; or
2. Certificate/degree from postsecondary institution that requires 24 semester units; or
3. A baccalaureate or advanced degree, 1- year legal experience, and written declaration
from practicing attorney qualifying your experience.
4. Must perform all work under the supervision of an attorney;
5. Can not charge fees; and
6. It is unlawful for a paralegal to perform any services for a consumer unless under
attorney supervision.
Legal Document Assistant LDA
1. High school diploma and two years of law-related experience under the supervision of
an attorney;
2. Be registered in county where services will be offered;
3. Can file and serve legal documents and provide general published factual information
on legal procedures, rights and obligations.
4. Works without attorney supervision;
5. CAN charge fees for services; and
6. Is allowed to advertise to the public as long as your services state “ I AM NOT AN
ATTORNEY” on documents.
The intent of the bill was to differentiate those who work under the supervision of an attorney
and those who provide services directly to the public.
For those who work under the supervision of an attorney, the only intended change to the
profession is a higher standard of education an mandatory continuing education to utilize the
title of Paralegal.
Paralegals work at
•
Fitness Clubs (LA Fitness);
•
Restaurants (Yum Brands, Johnny Rockets and Chick-Fil-A);
•
Medical Innovations (Edwards Life Sciences and Allergan);
•
Automotive Industry (Hyundai and Ford);
•
Entertainment Industry (Disney Corporation);
•
Phone Companies (AT&T/Verizon);
•
Government (FDIC);
•
Courts (DA’s Office and City Attorney’s Office); and
•
Hospitals (CHOC);
What are the HOT areas of Law for Paralegals
•
•
•
•
•
•
•
Regulatory Compliance (BBB, FTC, AGO);
Contracts (touches all areas of law);
Technology/Litigation (e-Discovery);
Corporate Law
Intellectual Property (undergrad in engineering “Patent Agent”;
Real Estate Law.
ORANGE COUNTY PARALEGAL STUDENT BENEFITS
•
•
•
•
Legal Meetings in a variety of specialty areas including litigation, corporate/real
estate, criminal/family law, employment/labor law, intellectual property, bankruptcy,
estate planning, immigration, student meetings, etc.
Monthly Legal e-Newsletter
Discounted admission rates for OCPA Conferences and General Membership
Meetings
Access to the job bank
Mentoring
Scholarship opportunities ($1,000 every year)
•
•
$45 for yearly membership during calendar year (September 1 )
www.ocparalegal.org
•
•
st
General Laws Governing Ethics
 If a paralegal violates the California Rules of Professional Conduct, the supervising
attorney may be disciplined by the State Bar, and the conduct may allow the client
to civilly sue the paralegal, the attorney and/or the law firm.

Ethical Sources For Paralegals
Model Guidelines for the Utilization of Paralegal Services
Written by the American Bar Association regarding the ethical use of paralegals by attorneys
Model Code of Ethics and Professional Responsibility
Written by NFPA
Code of Ethics and Professional Responsibility
Written by NALA
California Rules of Professional Conduct State Bar rules for attorneys
NALA Code of Ethics

Canon 1.
A paralegal must not perform any of the duties that attorneys only may perform nor take any actions
that attorneys may not take.

Canon 2.
A paralegal may perform any task which is properly delegated and supervised by an attorney, if the
attorney is ultimately responsible to the client, maintains a direct relationship with the client, and
assumes professional responsibility for the work product.

Canon 3.
A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the
unauthorized practice of law; and (b) establish attorney-client relationships, set fees, give legal opinions
or advice or represent a client before a court or agency unless so authorized by that court or agency;
and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of
professional ethics or give the appearance of professional impropriety.

Canon 4.
A paralegal must use discretion and professional judgment commensurate with knowledge and
experience but must not render independent legal judgment in place of an attorney. The services of an
attorney are essential in the public interest whenever such legal judgment is required.
Canon 5.
A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship
with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general
public. A paralegal must act prudently in determining the extent to which a client may be assisted without
the presence of an attorney.

Canon 6.
A paralegal must strive to maintain integrity and a high degree of competency through education and
training with respect to professional responsibility, local rules and practice, and through continuing
education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide
legal service.


Canon 7.
A paralegal must protect the confidences of a client and must not violate any rule or statute
now in effect or hereafter enacted controlling the doctrine of privileged communications
between a client and an attorney.
Canon 8.
A paralegal must disclose to his or her employer or prospective employer any pre-existing
client or personal relationship that may conflict with the interests of the employer or
prospective employer and/or their clients.
Canon 9.
A paralegal must do all other things incidental, necessary, or expedient for the attainment of
the ethics and responsibilities as defined by statute or rule of court.
Canon 10.
A paralegal's conduct is guided by bar associations' codes of professional responsibility
and rules of professional conduct.
ADMINISTRATIVE AGENCIES
 California
Workers Compensation (California Bar Committee on Professional Responsibility formal
opinion 1988-103)
A law firm can allow its paralegals to represent clients at workers compensation
hearings if there is supervision and the client consents to non lawyer representation.
 California
Labor (California Labor Code, sections 5501, 5700)
Allows non lawyer representation.
 California
Unemployment (California Unemployment Insurance Code § 1957 (1956)
Non lawyer may represent any individual claiming benefits in any proceedings before
the Appeals Board.
Confidentiality
 The California Rules of Professional Conduct require that you hold your client’s
confidences “intact”
 Practically speaking, you should not share information about your client’s case with
others, even if the information is public knowledge and could be found out some
other way
 Don’t leave documents or other client files lying around when you meet with other
clients
 Don’t discuss the case in the elevator or cafeteria. Inevitably, the “stranger” standing
next to you will be the opposing party’s cousin. (It happens!)
 In addition, Business and Professions Code section 6453 states that “a paralegal is
subject to the same duty as an attorney… to maintain intact the confidentiality, and at
every peril to himself or herself to preserve the attorney-client privilege [of
clients]…”
Capping or Running




B&P Section 6152
PROHIBITS “CAPPING” OR “RUNNING”
(a) It is unlawful for:
Any person, in an individual capacity or in a capacity as a public or private
employee, or for any firm, corporation, partnership or association to act as a runner
or capper for any attorneys or to solicit any business for any attorneys in and about
the state prisons, county jails, city jails, city prisons, or other places of detention of
persons, city receiving hospitals, superior courts, or in any public institution or in
any public place or upon any public street or highway or in and about private
hospitals, sanitariums or in and about any private property of any character
whatsoever.

Any person to solicit another person to commit or join in the commission of a violation of
subdivision (a).
Additional Features in B&P 6450
 The attorney must be an active member of the State Bar of California, or federal
courts in California.
 An individual employed by the state as a paralegal is exempt from these
requirements. (B&P §6456)
 If a person violates this section, he/she is guilty of an infraction for the first violation
[may be fined up to $2,500 per consumer] and is guilty of a misdemeanor for the
second and subsequent violations [may be fined up to $2,500 per consumer or
imprisonment in a county jail for not more than one year, or both]. Also, any person
convicted of a violation of this section shall pay restitution to the victim. Cal. Bus. &
Prof. Code § 6455
Unauthorized Practice (Jail Time)
Mershan Shaddy, a San Diego paralegal, learned that the law is still very much enforceable.
Found guilty in a criminal case of practicing law without a license, he was convicted and
sentenced to --45 days in jail.
1. Charged clients $180 to handle uncontested divorces;
2. Charged extra $50 for property and $30 for children;
3. Undercover investigator posed as client and secretly recorded him
giving legal advice; and
4. He was arrested and charged.
 In 1998 Brian Valery began working as a paralegal at Anderson, Kill & Olick, making
$21,000 a year.
 However, he later claimed he had graduated from Fordham Law School in 2002, had
passed the New York bar exam in 2003, and was "admitted to practice law
in...2004,“
 His salary annual salary increased to $155,000.
 He handled high profile painkiller OxyContin case, and helped some 50 clients on
other cases
 Not until October 2006 did Anderson Kill discover Valery's "deceit."
 Impersonating a lawyer is a felony in some states. But it is a misdemeanor in
Connecticut
He received five years of probation and must pay back $225,000 in ill-gotten salary to the firm,
and serve 100 hours of community service.
 Baweja filed a federal class action on behalf of current and former real estate agents
of ZipRealty, Inc., alleging that ZipRealty denied class members certain sales
commissions. Baweja reached a $3.55 million settlement with ZipRealty, on March
10, 2008
 Baweja was supposed to distribute the funds amongst 800 class members who sued
ZipRealty and won.
 He instead placed the money in an Ameritrade brokerage account.
 Baweja lost everything except for $54,000 due to bad investments as well as the
state of the stock market.
 Baweja borrowed more than $500,000 from friends and family in an attempt to
payback the lost settlement.
 He was sentenced to 18 months in federal prison for misappropriating funds
CALIFORNIA SMALL CLAIMS COURT
 Plaintiff/Defendant CAN NOT be represented by counsel;
 YOU are your own counsel; and
 Your hearing will be held REMOTELY. A computer, tablet, or smartphone with a
functioning camera will be needed to appear for the remote hearing via Zoom
 Santa Ana is only court hearing Small Claims matters
 Small claims cases are about money, not for the judge to order someone to do
something or not do something.
 EXAMPLE: RETURNING THE BBQ GRILL: You and your ex broke up and you want the BBQ grill back
that you paid for 100%. Your ex won't return it to you. In small claims court, the judge can't make your ex
give you the grill, but you could ask that the judge order your ex to pay you equivalent to price of used
BBQ grill.
Trial:
Small Claims Court
Hears civil cases with claims up to $10,000 for individuals
Hears civil cases with claims up to $5,000 for organizations
As of August 2021, Landlords will be able to sue in small claims for rent in excess of $10K
• Mediation can be used when…..
Communication between the parties has broken down
• Tensions, emotions or costs are escalating
• Time is a major factor
• Multiple issues must be resolved
• Disputants want to maintain confidentiality
•
An on-going relationship is desirable
•
•
•
•
•
•
•
Neighbor/Neighbor
Family Disputes
Association/Homeowners
Security Deposits
Employment issues related to unpaid wages (Division of Labor Enforcement)
Business Partners
Disputes with Home Improvement Company
Classic dispute types:

Mediation in the nutshell…..
Mediators do not issue orders, find fault, or make determinations (neutral third party)
 Mediators help parties to reach a settlement (speak to parties separate and
together)
 If mediation does not produce an agreement, either side is free to sue.
 Faster and less expensive way to address differences.
 Not binding
 No CALIFORNIA LAW requires MEDIATOR to be an attorney.
Online dispute resolution
Proof matters
Give yourself time to get the proof you need.

For example, you may need a court order to get business or medical records (a subpoena). If you start a
small claims case, make sure you leave enough time to get the proof you need before your court
Witness can come to the hearing to tell the judge what the witness saw or heard.

Witness can write a statement (Declaration), and you can bring the statement to court with you.

A witness in court is usually more convincing than a written statement.
CALIFORNIA STATE COURT & TYPES OF LAW
CA SUPERIOR COURTS
1. CALIFORNIA’S COURT SYSTEM IS THE LARGEST IN THE UNITED
STATES AND SERVES OVER 39 MILLION PEOPLE;
2. 2,024 JUDICIAL OFFICERS;
3. JUDGES ARE ELECTED BY EACH COUNTY’S VOTERS TO SIX-YEAR
TERMS;
4. 58 SUPERIOR COURTS; CONSIST OF TWO TYPES OF TRIAL COURTS
AND ONE SPECIAL APPEALS COURT
COURTS IN ORANGE COUNTY
•
Central Justice Center (Santa Ana)
•
Lamoreaux Justice Center (Orange)
•
Harbor Justice Center (Newport Beach)
•
North Justice Center (Fullerton)
•
Superior Court Service Center (Mission Viejo)
•
West Justice Center (Westminster)
•
Civil Complex Center (Santa Ana)
Hears all civil and criminal cases as well as family, probate, elder care program, mental health,
juvenile and traffic cases).
•
Hears all limited jurisdiction cases
•
Hears all unlimited jurisdiction cases
•
Limited civil All civil matters with a value of
$25,000 or less, except small claims matters.
•
Unlimited civil All civil matters with a value of
more than $25,000.
Trial Court
Parties’
names
Decision
Maker
Attorney
arguments
Witness
Testimony
Plaintiff/defendant
State/defendant
Judge and
sometimes a jury
Appellate
Court
Appellant/
Appellee or
Petitioner/
Respondent
Majority vote
of three or
more judges
Yes
Yes
Yes
No
CALIFORNIA COURT OF APPEALS
APPEALS:
SUPERIOR COURT APPELLATE DEPARTMENT CONSIST OF A PANEL OF THREE
SUPERIOR COURT JUDGES:
1. HEARS APPEALS OF LIMITED JURISDICTION CASES;
2. HEARS APPEALS OF CRIMINAL CASES INVOLVING MISDEMEANORS
(FELONY CASES ARE APPEALED DIRECTLY TO ONE OF THE SIX COURT OF
APPEALS; AND
3. SINGLE SUPERIOR COURT JUDGE HEARS APPEALS OF SMALL CLAIMS
COURT CASES ** APPROXIMATELY 10 MILLION CASES ARE FILED EACH
YEAR IN THE 58 SUPERIOR COURTS
105 justices (cases are decided by three-judge panels)
4. 6 Courts of Appeal, one per appellate district
5.
1st District- San Francisco
2nd District- Los Angeles
6.
3rd District- Sacramento
4th District- San Diego
7.
5th District- Fresno
6th District- San Jose
**A Court of Appeal does not hear death penalty decisions from Superior Court; they go
directly to the California Supreme Court
SUPREME COURT OF CALIFORNIA
•
7 justices 1 Chief Justice and 6 Associate Justices (hear appeals as the highest court of
review)
•
Hear oral arguments in San Francisco, Los Angeles, Sacramento, and in special sessions
elsewhere
•
Must hear all death penalty appeals from the Superior Court (mandatory jurisdiction)
Do the State or Federal Courts have Jurisdiction?
Federal Court:
Only if case involves federal law or if state law and parties are from different states and
amount in controversy is over $75,000
State Courts:
Generally, any type of case unless Congress has provided for exclusive federal jurisdiction
Sources of Law
TYPES OF LAW
1. Case Law
CASE LAW (STARE DECISIS)
 CASE LAW IS THE BODY OF AVAILABLE WRITINGS EXPLAINING THE
VERDICTS IN A CASE.
 CASE LAW IS MOST OFTEN CREATED BY JUDGES IN THEIR RULINGS.
 CITES PRECEDENTS IN OTHER CASES AND STATUTES THAT HAD A
BEARING ON THEIR DECISION.
TH
 **14 AMENDMENT “EQUAL RIGHTS ABOLISHING RACIAL
SEGREGATION IN SCHOOLS”
2. Statutory Law

A STATUTE IS A WRITTEN LAW PASSED BY A LEGISLATURE ON THE STATE OR
FEDERAL LEVEL

A STATUTE MAY FORBID A CERTAIN ACT, DIRECT A CERTAIN ACT, MAKE A
DECLARATION, OR SET FORTH GOVERNMENTAL MECHANISMS TO AID SOCIETY

THE TERM STATUTE SIGNIFIES THE ELEVATION OF A BILL FROM LEGISLATIVE
PROPOSAL TO LAW
EXAMPLES:
1994 CALIFORNIA 3 STRIKES LAW (2012 PROPOSITION LOOSENED LAWS)
2019 PLASTIC STRAW BAN (CALIFORNIA 1ST STATE)
2019 CONFIDENTIALITY AGREEMENT (SEXUAL HARASSMENT)
TEXAS ADVERSE POSSESSION LAW
Michigan mandatory life sentence for possession/selling of drugs (Rick Wershe “White Boy
Rick”) Law has since been revised.
3. Constitutional Law: THREE BRANCHES OF GOVERNMENT
1. LEGISLATIVE:
Consists of the House of Representatives; and
Senate
The Constitution grants Congress the sole authority to:
Declare war
Confirm or reject many Presidential appointments
2. EXECUTIVE
President of the United States
Acts as head of state and Commander-in-Chief of the armed forces.
The President is responsible for:
Implementing and enforcing laws written by Congress.
Appoints the heads of the federal agencies.
3. JUDICIAL
Members of the Judicial Branch are appointed by the President and confirmed by the
Senate.
Federal judges can only be removed through impeachment.
Judges and justices serve no fixed term they serve until their death, retirement, or
conviction by the Senate.
4. Administrative Law
Administrative law is the body of law that governs the activities of administrative agencies of
government.
Government agency action can include:
Rulemaking
Adjudication
Enforcement
Administrative law is considered a branch of public law.
Administrative Agencies
State Agencies
•
Secretary of State-Regulates notaries and corporate entities
•
DFEH- California Department of Fair Employment and Housing
•
California Department of Real Estate- Regulates anyone seeking a real estate license in California
•
Office of Attorney General-Protect Californians from fraudulent, and illegal activities that victimize consumers
•
DMV – Power to enforce regulations upon citizens with “drivers licenses”
Federal Agencies
•
FBI-Protect the United States
•
EEOC-Equal Employment Opportunity Commission
•
FDIC- Restore trust in American banking system.
•
FDA-protecting public health through regulation of foods, drugs….
•
IRS-responsible for the collection and enforcement of taxes
5. Charters and Ordinances
What is an Ordinances?
City Firework Laws
Riverside County have harsh marijuana laws
LA County January 1, 2014, customers were required to either tote their own reusable
bags or cough up 10 cents for recyclable paper bags
November 2016 Orange County was required to pay 10 cents
** No federal mandate
SILLY LAWS

1. In California, animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.

2. In Blythe, California, a person must own two cows in order to legally wear cowboy boots in public.

3. It is illegal to set a mousetrap without a hunting license.

4. In L.A. it is against the law to complain through the mail that a hotel has cockroaches, even if it is true.

5. In Detroit couples are banned from making love in an automobile unless the act takes place while the vehicle is
parked on the couple's own property.

6. Persons classified as "ugly" may not walk down any street. (San Francisco)

7. In Pennsylvania no man may purchase alcohol without written consent from his wife.