Legal document assistant

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A legal document assistant (LDA, also known as "document technician", "legal document preparer", "legal technician", "online legal document provider" or "legal document clerk") [1] in the United States is a person who is a non-lawyer but authorized to assist with the preparation of legal instruments. Unlike a paralegal, legal document assistants do not work under the supervision of an attorney.

Contents

The existence of LDAs is a phenomenon in US due to the strict licensing laws for attorneys compared to elsewhere in the world. The job was created by using the doctrine of pro se to enable someone to help another to prepare a legal document. In all America's states except for Louisiana and Puerto Rico, only an attorney can advise and draft a legal document for someone. With the self-help pro se concept and stock legal forms, the Legal Document Preparer profession was arise.

The role of a Legal Document Assistant varies significantly across legal jurisdictions. The job performed by Legal Document Assistants may be lawful in one jurisdiction and prohibited in other jurisdictions.

History

Many LDAs view their professional history as descending directly from that of the scribe or scrivener. The terms "legal scrivener" and "independent paralegal" were commonly used in the US from the late 1970s until 1994. In that year, the Bankruptcy Reform Act was signed into law by President Bill Clinton. Among other provisions, it banned the use of the word "legal" in any form, to describe the services provided by non-attorney document preparers, and also specifically created the term "bankruptcy petition preparer." This forced many US LDAs who assisted with bankruptcies to search for new terms to describe their profession.

Although California became the first state to formally regulate LDAs, the first licensing proposal was the Oregon Scrivener's Act, introduced in the Oregon legislature in 1985. In 2003, Arizona began certifying individuals and businesses who prepare documents through its "Legal Document Preparer Program". [2] as certified legal document preparers (CLDP).

California

While many LDAs have paralegal education and experience, in California they are not the same as paralegals. Under California law, a paralegal is prohibited from providing services directly to the consumer. Paralegals may only be employed by an attorney, law firm, corporation, governmental agency, or other entity; and work under the direct supervision of a licensed attorney within the scope of that employment. [3] [4]

Louisiana

Certain types of legal documents can be drafted by a notary public in the State of Louisiana. Louisiana notaries public prepare and draft legal documents of a noncontentious nature (i.e. not for court cases) such as wills, trusts, marriage contracts, articles of incorporation, estate inventories, mortgages, real estate sales contracts, powers of attorney, etc. Aside from drafting, they are also authorized to make inventories, property descriptions, take company minutes, and appraise and convey real estate. Louisiana, along with Puerto Rico, have this exception because prior to inclusion in the United States, both were (and continue to be) under the civil law legal system. Under civil law, notaries are lawyers, which is why in Louisiana notaries are appointed for life and used to be licensed before the advent of practice of law statutes in the 1930s. Louisiana notaries public are not required to be attorneys or otherwise trained in law; however, they do have to pass an extensive exam on notarial law (i.e., the areas of law a notary can draft for - property law, estate law, family law, etc.), they must sign and witness the signing of the documents they draft (notarial acts), and register and file those documents with the local court. [5]

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<span class="mw-page-title-main">Lawyer</span> Practitioner of law

A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.

An attorney at law in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in court on the retainer of clients. As of January 1, 2023, there were 1,331,290 active lawyers in the United States. In terms of absolute numbers, the American legal profession was the largest in the world as of 2015, and it is thought to be the largest in the world in proportion to domestic population. A 2012 survey conducted by LexisNexis Martindale-Hubbell determined 58 million consumers in the U.S. sought an attorney in the last year and that 76 percent of consumers used the Internet to search for an attorney.

<span class="mw-page-title-main">Civil law notary</span> Lawyer of noncontentious private civil law

Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries.

<span class="mw-page-title-main">Paralegal</span> Paraprofessional who assists qualified lawyers in their legal work

A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.

<span class="mw-page-title-main">Notary</span> Person authorised to act in legal affairs

A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.

The Worshipful Company of Scriveners is an ancient Livery Company of the City of London. Originally known as the Mysterie of the Writers of the Court Letter and, since its incorporation, as the Master Wardens and Assistants of the Company of Scrivenors of the Cittie of London [sic], the Scriveners' Company remains one of the few City livery companies continuing to influence professional standards, namely that of scrivener notary. The Company received its first ordinances in 1373 and its royal charter was granted by King James I on 28 January 1617.

<span class="mw-page-title-main">Scrivener</span> Clerk, scribe, or notary

A scrivener was a person who could read and write or who wrote letters as well as court and legal documents. Scriveners were people who made their living by writing or copying written material. This usually indicated secretarial and administrative duties such as dictation and keeping business, judicial, and historical records for kings, nobles, temples, and cities. Scriveners later developed into notaries, court reporters, and in England and Wales, scrivener notaries.

<span class="mw-page-title-main">Apostille Convention</span> 1961 international treaty drafted by the Hague Conference on Private International Law

The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the Convention. A certification under the Convention is called an apostille or Hague apostille. An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the Convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.

A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.

Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of legal education such as an apprenticeship in a law office.

<span class="mw-page-title-main">Certified copy</span> Verified copy of a primary document

A certified copy is a copy of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.

"Judicial scrivener" is a term used to refer to similar legal professions in Japan, South Korea and Taiwan. Judicial scriveners assist clients in commercial and real estate registration procedures and in the preparation of documents for litigation.

Administrative Scrivener is a legal profession in Japan which files government licenses and permits, drafts documents, and provides legal advice around such interactions. They are also known as Immigration Lawyers, Gyosei-shoshi Lawyers or Certified Administrative Procedures Legal Specialists, although they are not allowed by the law to represent their clients in the judicial procedures in and outside of the court of law.

In the U.S. state of Florida, a notary public is a public officer appointed by the governor of the state to take acknowledgments, administer oaths, attest to photocopies of certain documents, solemnize marriage, protest the non-acceptance or non-payment of negotiable instruments, and perform other duties specified by law.

An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenticating demonstrative evidence in court proceedings, though with the precarious status of notaries public and their acts under common law, this is not always so.

In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.

A bankruptcy petition preparer is a person who is not an attorney or an employee of an attorneys who prepares a document for filing in the United States Bankruptcy Court for another person. Bankruptcy petition preparers are authorized in the bankruptcy code under 11 U.S.C. §110, but are limited in the services that they provide direct to the consumer.

A notarial act is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the only lawful means of proving those facts of which it is the recognized record, whereas on other matters it is usually inadmissible, because, being beyond the powers entrusted to the notary by law, it is non-official. In most common-law countries, multiple-page acts are bound together using a sewn or knotted ribbon, the ends of which are secured by a wafer impressed with the notary's seal. This is called annexing or annexure.

References

  1. "What's in a Name?". SCRIBE. December 7, 2007. Retrieved February 19, 2023.
  2. "Legal Document Preparers". Arizona Supreme Court. Archived from the original on October 3, 2015. Retrieved November 15, 2015. Effective July 1, 2003, all individuals and businesses preparing legal documents without the supervision of an attorney in good standing with the State Bar of Arizona, must be certified pursuant to Rule 31, and Arizona Codes of Judicial Administration § 7-208 and § 7-201. Legal Document Preparer Program certifies non-attorney legal document preparers in Arizona who provide document preparation assistance and services to individuals and entities not represented by an attorney. Legal document preparers may provide general legal information but may not give legal advice.
  3. California Business and Professions Code, Sections 6450-6456 Archived 2009-05-03 at the Wayback Machine
  4. American Bar Association Standing Committee on Paralegals
  5. "Louisiana Notary Association". Archived from the original on July 27, 2011. Retrieved September 24, 2010.