California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 5 - Legal Document Assistants › Article 3 - Legal Document Assistant Standard Contract › Section 3950 - Legal Document Assistant Standard Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every legal document assistant as defined
				  in subdivision (c) section
				  6400
				  of the Business and Professions Code who enters into a contract or agreement
				  with a client to provide self-help services shall complete the standard form
				  contract specified in subdivision (b). Upon execution of the contract by all
				  parties, and prior to providing any service, the legal document assistant shall
				  give a copy of the contract to all client parties. The contract shall be in
				  English and in any other language understood by the client and principally used
				  in any oral sales presentation or negotiation leading to execution of the
				  contract. The legal document assistant shall be responsible for translating the
				  contract into any language other than English principally used in any oral
				  sales presentation or negotiation leading to execution of the contract, and
				  shall give all client parties copies of both the fully-executed
				  English-language version of the contract and the foreign-language translation
				  of it before providing any service.
(b) Legal Document Assistant Contract for
				  Self-Help Services.
LEGAL DOCUMENT ASSISTANT CONTRACT FOR
					 SELF-HELP SERVICES
County where Registrant is registered:
Name of County Clerk Office for the county of
					 registration:
Address:
Telephone Number:
Web Site (if available):
This is a contract between me,
					 ______________________________, and you, ______________________________, for
					 the self-help services described in Part I below. I am the "legal document
					 assistant" and you are the "client."
IMPORTANT NOTICES
1. You should read and understand this entire
				  contract before you sign it. You should understand the kinds of services that I
				  can and cannot perform for you (see Part I below).
2.
[12-point bold type] I am not an
				  attorney. I cannot perform the legal services that an attorney performs. I
				  cannot engage in the practice of law.
3.
[12-point bold type] The county
				  clerk has not evaluated or approved my knowledge or experience, or the quality
				  of my work.
4. I cannot keep
				  your original documents if you request that I return them to you. I cannot keep
				  your original documents if you and I do not sign this contract or if this
				  contract terminates (ends) for any reason. I cannot keep your original
				  documents after all of the contract services have been provided (see Part I
				  below). It is a violation of California law if I keep your original documents
				  under any of these circumstances.
5. It is a violation of California law if I
				  make any false or misleading statement to you.
6. I cannot obtain special favors from, and I
				  do not have any special influence with, any court or any state or federal
				  agency.
7. As required by law, I
				  have filed a bond or made a cash deposit and have registered as a legal
				  document assistant in each county in which my principal place of business is
				  located and in which I maintain a branch office.
I.
SELF-HELP
				  SERVICES
Kinds of services that I can perform for you: I can perform
					 the following self-help services for you in connection with a legal matter in
					 which you are representing yourself: I can type or otherwise complete, as you
					 specifically direct, legal documents that you have selected. I can provide you
					 general published factual legal information that has been written or approved
					 by an attorney, to help you represent yourself. I can provide you published
					 legal documents. I can file and serve legal forms and documents as you
					 specifically direct.
These are the only kinds of services that I can perform for
					 you. I cannot provide you any service if you need additional services. If you
					 need additional services, then you require the services of an attorney.
Kinds of services that I cannot perform for
					 you
: I cannot provide you any self-help service unless you are
					 representing yourself in a legal matter and the self-help service relates to
					 that legal matter.
[12-point bold type] I cannot engage in the practice
					 of law. This means that I cannot give you any kind of advice, explanation,
					 opinion or recommendation about possible legal rights, remedies, defenses,
					 strategies or options that you may have. I cannot give you any advice,
					 explanation, opinion or recommendation regarding selection of
					 forms.
I will provide you all the following services (list all
					 services for which the client is being charged):
A. ___________________________
B. ___________________________
C. ___________________________
D.
				  ___________________________
You are paying me only for those services listed above and
					 no others. It is unlawful for me to make any guarantee or promise to you unless
					 it is written in this contract and unless I have a factual basis for making the
					 guarantee or promise.
II.
FEES AND EXPENSES
You agree to pay me the following fees, costs and
					 expenses:
A. A flat fee in the total
				  amount of $_________________________ for all services, costs and expenses, to
				  be paid as follows (itemize services, costs and expenses and state terms of
				  payment):
___________________________
___________________________
___________________________
OR
B. A
				  rate of $_________________________ per hour, not to exceed a total of
				  $_________________________ for all services, costs and expenses. I will provide
				  you a statement itemizing all services rendered, expenses incurred, and the
				  balance owed, each time a payment is due.
III.
CANCELLATION
[Bold type] You may cancel this contract for any
					 reason within 24 hours after we both have signed it.
[Bold type] If you cancel the contract, I must
					 immediately refund any fees which you have paid me. The only fees that I may
					 keep are fees for services which I have actually, necessarily and reasonably
					 performed on your behalf during the 24-hour period. I cannot keep any fees for
					 services performed during the 24-hour period unless you knew that I would
					 perform those services and you agreed in this contract that I would perform
					 them.
To cancel this contract, send me a written notice
					 stating that you are canceling the contract. Mail the notice by first-class
					 mail with the correct postage, and send it to me at my address (see Part V
					 below). Cancellation takes effect on the date of the postmark on the notice.
					 You can also cancel this contract by delivering a written notice of
					 cancellation to my address within the 24-hour period.
You may also cancel this contract at any time if I:
* Fail to give you a copy of this contract before providing
					 any services to you, or
* Fail to specify in the contract the services which I will
					 perform and the costs of those services, or
* Fail to give you a copy of the contract in English and in
					 any other language that you understand and that was principally used in any
					 oral sales presentation or negotiation leading to execution of the
					 contract.
If you cancel this contract for any of these reasons, I
					 must immediately refund in full any fees which you have paid me.
You may also cancel this contract at any time if you have
					 legal cause.
IV.
ATTORNEY'S FEES AND COSTS
In the event of suit for damages arising from this contract
					 or to enforce any of its provisions, the court may award the prevailing party
					 his or her reasonable attorney's fees and costs.
V.
VENUE
The venue for any action arising out of a dispute between
					 you and me is the California county in which you have your primary
					 residence.
VI.
DESCRIPTION OF THE PARTIES
Legal Document Assistant
Full
							 name:
____________________________________________________
Business name (if
							 different):
____________________________________________________
Street address of
							 business:
____________________________________________________
City, State,
							 ZIP:
____________________________________________________
Telephone
							 number:
____________________________________________________
Fax number (if
							 any):
____________________________________________________
Registration number in county where services will be
							 provided:
____________________________________________________
Date of
							 expiration:
____________________________________________________
County:
____________________________________________________
I have filed a bond or made a cash deposit in the
							 following
____________________________________________________
counties:
____________________________________________________
Name of
							 client:
____________________________________________________________________________________
Name of
							 client:
____________________________________________________________________________________
Street
							 address:
____________________________________________________________________________________
City, State,
							 ZIP:
____________________________________________________________________________________
Telephone
							 number:
____________________________________________________________________________________
Title or brief description of the legal
							 matter in which the client is representing himself or herself:
							 ___________________________
VII.
SIGNATURES
Executed at ______________________________,
					 California.
___________________________
___________________________
(Signature of Legal Document Assistant)
(Date)
Notices to Client
[12-point bold type] You may obtain information from
					 the local bar association or a legal aid or legal services office regarding
					 free or low-cost representation by a lawyer.
You may contact the local police, sheriff, district
					 attorney or legal aid or legal services office if you believe that you are the
					 victim of fraud, unauthorized practice of law or other injury.
___________________________
___________________________
(Client)
(Date)
___________________________
___________________________
(Client)
(Date)
(THIS CONTRACT IS NOT VALID OR BINDING UNTIL THE LEGAL
					 DOCUMENT ASSISTANT HAS GIVEN ALL CLIENT PARTIES A FULLY EXECUTED COPY OF IT,
					 INCLUDING AN ACCURATE TRANSLATION OF IT IN ANY LANGUAGE OTHER THAN ENGLISH THAT
					 THE CLIENT UNDERSTANDS AND THAT WAS PRINCIPALLY USED IN ANY ORAL SALES
					 PRESENTATION OR NEGOTIATION LEADING TO EXECUTION OF THE
					 CONTRACT.)