What every California attorney and
paralegal needs to know about
Business and Professions
Code §§ 6450 - 6456
CONSUMER PROTECTION
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Initial Assembly Bill 1761 was sponsored by the California
Alliance of Paralegals to protect consumers from untrained
unqualified individuals who hold themselves out as
“paralegals” and provide poor services.
Governor Gray Davis signed Assembly Bill 1761 on
September 13, 2000.
The Bill was codified in Business & Professions Code §§
6450 – 6456 and became effective January 1, 2001.
The law defines qualifications and functions of paralegals
practicing in California.
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OVERVIEW
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“Paralegal" means a person who holds himself or herself
out to be a paralegal, who is qualified by education,
training, or work experience, and who either contracts
with or is employed by an attorney, law firm,
corporation, governmental agency, or other entity, and
who performs substantial specifically delegated 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 (B&P Code § 6450(a)).
Definition distinguishes between those individuals who
work directly for the public (Unlawful Detainer Assistant
or Legal Document Assistants regulated under B&P Code
Sections 6400, et seq.) and those who work under the
supervision of an attorney (Paralegals).
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The terms "paralegal," "legal assistant," "attorney
assistant," "freelance paralegal," "independent paralegal,"
and "contract paralegal" are synonymous under this
chapter (B&P Code § 6454).
Individuals employed by the State of California as a
paralegal, legal assistant, attorney assistant, freelance
paralegal, independent, paralegal or similar title are
exempt from these rules (B&P Code § 6456).
A paralegal who otherwise meets the definition may
represent clients before state of federal administrative
agencies if that representation is permitted by statute,
court rule, or administrative rule or regulation (B&P Code §
6450(a)).
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EDUCATION AND EXPERIENCE
REQUIREMENTS
Pursuant to Section 6450 (c), a paralegal must possess at
least one of the following:
1)
A certificate of completion from a paralegal program
approved by the American Bar
Association; or
2)
A certificate of completion from 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; or
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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; or
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.
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SUNSET PROVISION
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This experience and training outlined in paragraph four
above shall be completed no later than December 31,
2003. There is no "grandfather" provision for those who
already practice as paralegals but do not meet one of
these requirements
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MANDATORY Continuing
Education Requirements
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Four hours of general or specialized legal education,
every two years; and
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Four hours of legal ethics, every three years;
NOTE:
All continuing legal education courses shall meet the requirements of B&P
Code § 6070. Per Section 6070 only courses offered by State Bar of
California approved MCLE providers are recognized when considering MCLE
credit hours earned.
There is no mechanism for reporting or monitoring compliance with this
requirement. Paralegals and their supervising attorneys must certify
compliance, but the paralegals are responsible for maintaining records of
the certifications. A sample compliance log for tracking continuing education
units can be found online at www.caparalegal.org.
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What Paralegals May Do
Tasks performed by a paralegal may include, but are not
limited to the following:
 Case planning;
 Development;
 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
the supervising attorney.
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What Paralegals May Not Do
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Provide legal advice;
Represent a client in court;
Select, explain, draft, or recommend the use of any legal
document to or for any person other than the supervising
attorney;
Act as a runner or capper as defined in Sections 6151- 6152;
Engage in conduct that constitutes the unlawful practice of law;
Contract with, or be employed by, a natural person other than
an attorney to perform paralegal services;
Induce a person to make an investment, purchase a financial
product or service, or enter a transaction from which income
and/or profit, may be derived; or
Establish the fees to charge a client for paralegal services.
(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).
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CONFIDENTIALITY
Under Section 6453:
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Paralegals are subject to the same duties of client
confidentiality as attorneys (B&P Code § 6068(e)).
Paralegals are required "to preserve the attorney-client
privilege."
Paralegals are not made directly subject to other ethical
restrictions, such as those relating to conflicts of interest.
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PENALTIES
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Under Section 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.
Under Section 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 6450(c) and performs
all services under the direction and supervision of an
attorney. Business cards must have the name of the
employing law firm or a statement that the paralegal is
employed or retained by a lawyer.
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An attorney who uses the services of a paralegal is liable
for any harm caused as a result of the paralegal’s
negligence, misconduct, or violation of this chapter.
Any person who violates Sections 6451 or 6452 is guilty
of an infraction for the first violation, which is punishable
by fines up to $2500 as to each consumer for the first
offense. Second and subsequent violations can bring
misdemeanor charges with fines and/or county jail up to
one year. The law does provide for restitution to the
victim.
Under Section 6455, 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.
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This law falls short of a typical regulatory scheme;
for example, there are no requirements for:
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Licensing;
Certification by a state agency;
Registration;
A governing body;
Competency testing, moral character check, an ethics
code, reporting, or a disciplinary system.
Penalties for violation and civil liability are the only
enforcement mechanisms.
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If you have questions about this presentation or B&P
Code §§ 6450 – 6456, please contact The Los Angeles
Paralegal Association at:
P.O. Box 71708
Los Angeles, CA 90071
Telephone (310) 921-3094
Facsimile (310) 921-3095
Email: info@lapa.org
Website: www.lapa.org
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