BUSINESS AND PROFESSIONS CODE
SECTION 6402-6407
6402. A legal document assistant or unlawful detainer assistant
shall be registered pursuant to this chapter by the county clerk in
the county in which his or her principal place of business is located
(deemed primary registration), and in any other county in which he
or she performs acts for which registration is required (deemed
secondary registration). Any registration in a county other than the
county of the person's place of business shall state the person's
principal place of business and provide proof that the registrant has
satisfied the bonding requirement of Section 6405. No person who
has been disbarred or suspended from the practice of law pursuant to
Article 6 (commencing with Section 6100) of Chapter 4 shall, during
the period of any disbarment or suspension, register as a legal
document assistant or unlawful detainer assistant. The Department of
Consumer Affairs shall, by July 1, 1999, develop the application
that shall be completed by a person for purposes of registration as a
legal document assistant. The application shall specify the types
of proof that the applicant shall provide to the county clerk in
order to demonstrate the qualification and requirements of Section
6402.1.
This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.
6402. An unlawful detainer assistant shall be registered pursuant
to this chapter by the county clerk in the county in which his or her
principal place of business is located (deemed primary
registration), and in any other county in which he or she performs
acts for which registration is required (deemed secondary
registration). Any registration in a county other than the county of
the person's place of business shall state the person's principal
place of business and provide proof that the registrant has satisfied
the bonding requirement of Section 6405. No person who has been
disbarred or suspended from the practice of law pursuant to Article 6
(commencing with Section 6100) of Chapter 4 shall, during the period
of any disbarment or suspension, register as an unlawful detainer
assistant.
This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.
6402.1. To be eligible to apply for registration under this chapter
as a legal document assistant, the applicant shall possess at least
one of the following:
(a) A high school diploma or general equivalency diploma, and
either a minimum of two years of law-related experience under the
supervision of a licensed attorney, or a minimum of two years
experience, prior to January 1, 1999, providing self-help service.
(b) A baccalaureate degree in any field and either a minimum of
one year of law-related experience under the supervision of a
licensed attorney, or a minimum of one year of experience, prior to
January 1, 1999, providing self-help service.
(c) A certificate of completion from a paralegal program that is
institutionally accredited but not approved by the American Bar
Association, that requires successful completion of a minimum of 24
semester units, or the equivalent, in legal specialization courses.
(d) A certificate of completion from a paralegal program approved
by the American Bar Association.
(e) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
6403. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
(1) Name, age, address, and telephone number.
(2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
(3) Whether he or she has been held liable in a civil action by
final judgment or entry of a stipulated judgment, if the action
alleged fraud, the use of an untrue or misleading representation, or
the use of an unfair, unlawful, or deceptive business practice.
(4) Whether he or she has ever been convicted of a misdemeanor
violation of this chapter.
(5) Whether he or she has had a civil judgment entered against him
or her in an action arising out of the applicant's negligent,
reckless, or willful failure to properly perform his or her
obligation as a legal document assistant or unlawful detainer
assistant.
(6) Whether he or she has had a registration revoked pursuant to
Section 6413.
(7) Whether this is a primary or secondary registration. If it is
a secondary registration, the county in which the primary
registration is filed.
(b) The application for registration of a natural person shall be
accompanied by the display of personal identification, such as a
California driver's license, birth certificate, or other
identification acceptable to the county clerk to adequately determine
the identity of the applicant.
(c) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) Whether the general partners or officers have ever been
convicted of a felony, or a misdemeanor under Section 6126 or 6127.
(3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or entry of a stipulated
judgment, if the action alleged fraud, the use of an untrue or
misleading representation, or the use of an unfair, unlawful, or
deceptive business practice.
(4) Whether the general partners or officers have ever been
convicted of a misdemeanor violation of this chapter.
(5) Whether the general partners or officers have had a civil
judgment entered against them in an action arising out of a
negligent, reckless, or willful failure to properly perform the
obligations of a legal document assistant or unlawful detainer
assistant.
(6) Whether the general partners or officers have ever had a
registration revoked pursuant to Section 6413.
(7) Whether this is a primary or secondary registration. If it is
a secondary registration, the county in which the primary
registration is filed.
(d) The applications made under this section shall be made under
penalty of perjury.
(e) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
6403. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
(1) Name, age, address, and telephone number.
(2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
(3) Whether he or she has been held liable in a civil action by
final judgment or consented to the entry of a stipulated judgment, if
the action alleged fraud, the use of untrue or misleading
representations, or the use of an unfair, unlawful, or deceptive
business practice.
(4) Whether this is a primary or secondary registration. If it is
a secondary registration, the county in which the primary
registration is filed.
(b) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) Whether the general partners or officers have ever been
convicted of a felony.
(3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or have consented to the
entry of a stipulated judgment. If the action alleged fraud, whether
it involved the use of untrue or misleading representations or the
use of an unfair, unlawful, or deceptive business practice.
(4) Whether this is a primary or secondary registration. If it is
a secondary registration, the county in which the primary
registration is filed.
(c) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.
6404. An applicant shall pay a fee of one hundred seventy-five
dollars ($175) to the county clerk at the time he or she files an
application for initial registration, including a primary or
secondary registration, or renewal of registration. An additional
fee of ten dollars ($10) shall be paid to the county clerk for each
additional identification card.
6405. (a) (1) An application for a certificate of registration by
an individual shall be accompanied by a bond of twenty-five thousand
dollars ($25,000) executed by a corporate surety qualified to do
business in this state and conditioned upon compliance with this
chapter. The total aggregate liability on the bond shall be limited
to twenty-five thousand dollars ($25,000). An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
(2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
qualified to do business in this state and conditioned upon
compliance with this chapter. The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000). An
application for a certificate of registration by a person employed by
a partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) only if the partnership or
corporation has not posted a bond of twenty-five thousand dollars
($25,000) as required by this subdivision. An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
(3) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
(b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording. The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant. The fee may be paid to the county clerk who shall
transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) in cash with the
county clerk.
(f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
(g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge of a municipal or superior court may
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit.
(h) The bond required by this section shall be in favor of the
State of California for the benefit of any person who is damaged as a
result of the violation of this chapter or by the fraud, dishonesty,
or incompetency of an individual, partnership, or corporation
registered under this chapter. The bond required by this section
shall also indicate the name of the county in which it will be filed.
6406. (a) If granted, a certificate of registration shall be
effective for a period of two years or until the date the bond
expires, whichever occurs first. Thereafter, a registrant shall file
a new certificate of registration or a renewal of the certificate
of registration and pay the fee required by Section 6404. A
certificate of registration may be renewed up to 60 days prior to its
expiration date and the effective date of the renewal shall be the
date the current registration expires. The renewal shall be
effective for a period of two years from the effective date or until
the expiration date of the bond, whichever occurs first.
(b) Except as provided in subdivisions (d) to (f), inclusive, an
applicant shall be denied registration or renewal of registration if
the applicant has been any of the following:
(1) Convicted of a felony, or of a misdemeanor under Section 6126
or 6127.
(2) Held liable in a civil action by final judgment or entry of a
stipulated judgment, if the action alleged fraud, or the use of an
untrue or misleading representation, or the use of an unfair,
unlawful, or deceptive business practice.
(3) Convicted of a misdemeanor violation of this chapter.
(4) Had a civil judgment entered against him or her in an action
arising out of the applicant's negligent, reckless, or willful
failure to properly perform his or her obligation as a legal document
assistant or unlawful detainer assistant.
(5) Had his or her registration revoked pursuant to Section 6413.
(c) If the county clerk finds that the applicant has failed to
demonstrate having met the requisite requirements of Section 6402 or
6402.1, or that any of the paragraphs of subdivision (b) apply, the
county clerk, within three business days of submission of the
application and fee, shall return the application and fee to the
applicant with a notice to the applicant indicating the reason for
the denial and the method of appeal.
(d) The denial of an application may be appealed by the applicant
by submitting, to the director, the following:
(1) The completed application and notice from the county clerk
specifying the reasons for the denial of the application.
(2) A copy of any final judgment or order that resulted from any
conviction or civil judgment listed on the application.
(3) Any relevant information the applicant wishes to include for
the record.
(e) The director shall order the applicant's certificate of
registration to be granted if the director determines that the
issuance of a certificate of registration is not likely to expose
consumers to a significant risk of harm based on a review of the
application and any other information relating to the applicant's
unlawful act or unfair practice described in paragraphs (1) to (5),
inclusive, of subdivision (b). The director shall order the
applicant's certificate of registration to be denied if the director
determines that issuance of a certificate of registration is likely
to expose consumers to a significant risk of harm based on a review
of the application and any other information relating to the
applicant's unlawful act or unfair practice described in paragraphs
(1) to (5), inclusive, of subdivision (b). The director shall send
to the applicant and the county clerk a written decision listing the
reasons registration shall be granted or denied within 30 days of the
submission of the matter.
(f) If the director orders that the certificate of registration be
granted, the applicant may resubmit the application, with the
appropriate application fee and the written decision of the director.
The county clerk shall grant the certificate of registration to the
applicant within three business days of being supplied this
information.
(g) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes or
extends that date.
6406. (a) A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 6404. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of
the bond, whichever occurs first.
(b) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.
6407. (a) The county clerk shall maintain a register of legal
document assistants, and a register of unlawful detainer assistants,
assign a unique number to each legal document assistant, or unlawful
detainer assistant, and issue an identification card to each one.
Additional cards for employees of legal document assistants or
unlawful detainer assistants shall be issued upon the payment of ten
dollars ($10) for each card. Upon renewal of registration, the same
number shall be assigned, provided there is no lapse in the period of
registration.
(b) The identification card shall be a card 31/2 inches by 21/4
inches, and shall contain at the top, the title "Legal Document
Assistant" or "Unlawful Detainer Assistant," as appropriate, followed
by the registrant's name, address, registration number, date of
expiration, and county of registration. It shall also contain a
photograph of the registrant in the lower left corner. The front of
the card, above the title, shall also contain the following statement
in 12-point boldface type: "This person is not a lawyer." The
front of the card, at the bottom, shall also contain the following
statement in 12-point boldface type: "The county clerk has not
evaluated this person's knowledge, experience, or services."
(c) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
6407. (a) The county clerk shall maintain a register of unlawful
detainer assistants, assign a unique number to each unlawful detainer
assistant, and issue an identification card to each one. Additional
cards for employees of unlawful detainer assistants shall be issued
upon the payment of ten dollars ($10) for each card. Upon renewal of
registration, the same number shall be assigned, provided there is
no lapse in the period of registration.
(b) The identification card shall be a card 31/2 inches by 21/4
inches, and shall contain at the top, the title "Unlawful Detainer
Assistant" followed by the registrant's name, address, registration
number, date of expiration, and county of registration. It shall
also contain a photograph of the registrant in the lower left corner.
(c) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.