Paralegal Statutory Definition

 

The following statute provides the legal definition for paralegal under California State law, enacted by the passage of AB 1761, and the experience and education requirements for paralegals.  Please note AB 2303 below, which was chaptered 9/28/2006.   AB 2303 amends B&P 6450 and more specifically 6450(d) which redefines minimum legal education requirements for a paralegal beginning January 1, 2007.  Track you CLE on this form CLE LOG.

 

Numerous paralegal associations, including ICAP and CAPA were instrumental in contributing to the drafting and passage of this legislation.  ICAP held a community meeting in Riverside to obtain input from the legal community on the then proposed legislation.

 

California Business and Professions Code Section 6450-6456

6450.  (a) "Paralegal" means a person 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 any of 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) All paralegals shall be required to certify completion every three years of four hours of mandatory continuing legal education in legal ethics.  All continuing legal education courses shall meet the requirements of Section 6070.  Every two years, all paralegals shall
be required to certify completion of four hours of mandatory continuing education in either general law or in a specialized area of law.  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. 
   (f) If a legal document assistant, as defined in subdivision (c) of Section 6400, has registered, on or before January 1, 2001, as required by law, a business name that includes the word "paralegal," that person may continue to use that business name until he or she is
required to renew registration.
   (g) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2004, deletes or extends that date. (emphasis added)

6450.  (a) "Paralegal" means a person 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) All paralegals shall be required to certify completion every three years of four hours of mandatory continuing legal education in legal ethics.  All continuing legal education courses shall meet the requirements of Section 6070.  Every two years, all paralegals shall
be required to certify completion of four hours of mandatory continuing education in either general law or in a specialized area of law.  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 subdivisions (a) and (b).
   (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 section 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 any municipal or 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.

 

 

BILL NUMBER: AB 2303 CHAPTERED 09/28/06

 

CHAPTER 567

 

FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
AMENDED IN SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 23, 2006
AMENDED IN SENATE AUGUST 14, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 22, 2006
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY MARCH 28, 2006

 

INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird, Levine, Lieber, and Montanez)

 

          FEBRUARY 22, 2006

 

  An act to amend Section 6450 of the Business and Professions Code, to amend Sections 896, 1798.24, 2982, and 2982.2 of the Civil Code, to amend Sections 170.3, 209, 416.10, 904.1, 904.2, 1276, 1277, 1278, 1278.5, and 1279.5 of the Code of Civil Procedure, to amend Section 9321 of the Commercial Code, to amend Section 5220 of the Corporations Code, to amend Sections 12585, 12599, 12599.1, and 12599.2 of, and to add Sections 68756 and 76225 to, the Government Code, to amend Section 959.1 of the Penal Code, to amend Sections 11709.2 and 11713.21 of the Vehicle Code, and to amend Sections 366.3 and 15657.03 of the Welfare and Institutions Code, relating to the judiciary.

 

LEGISLATIVE COUNSEL'S DIGEST AB 2303, Committee on Judiciary Judiciary: omnibus bill.

 

  (1) Existing law requires all paralegals, as defined, to certify completion every 3 years of 4 hours of mandatory continuing legal education in legal ethics. This bill would instead require all paralegals to certify completion every 2 years of 4 hours of mandatory continuing legal education in legal ethics and 4 hours of mandatory continuing legal education in general law or an area of specialized law.

 

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

 

  SECTION 1. Section 6450 of the Business and Professions Code is amended to read:

  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.

 

  (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.

        

 
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