The Legal Document Assistant Contract
California
Business & Professions Code § 6410 requires all LDAs to utilize the
Legal Document Assistant Contract for Self-Help Services, “the contents
of which shall be prescribed by regulations adopted by the Department
of Consumer Affairs.” These regulations are set forth in 16
CCR § 3950, as follows (as of date of this publication):
LEGAL DOCUMENT ASSISTANT CONTRACT FOR SELF-HELP SERVICES
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
- 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).
- I am not an attorney. I cannot perform the legal services that an attorney performs. I cannot engage in the practice of law.
- The county clerk has not evaluated or approved my knowledge or experience, or the quality of my work.
- 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.
- It is a violation of California law if I make any false or misleading statement to you.
- I cannot obtain special favors from, and I do not have any special influence with, any court or any state or federal agency.
- 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 where I will perform services on your behalf.
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.
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):
A. ________________
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
You may cancel this contract for any reason within 24 hours after we both have signed it.
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. 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:
________________
Client
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: ________________
VI. SIGNATURES
Executed at ________________, California.
(Signature of Legal Document Assistant) (Date)
Notices to Client
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.
(Signature of Client) (Date)
(Signature of 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.)
The Legal Document Assistant Notice to
Consumer
(Note:Busines & Professions Code § 6410.5 states, in part, “The notice shall be set forth in black, bold, 14-point type on a separate, white, 8 1/2 by 11 inch sheet of paper which contains no other print or graphics, and shall be in the following form...”)
LEGAL DOCUMENT ASSISTANT NOTICE TO CONSUMER
DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE
In the first conversation when you contacted the legal document assistant, did s/he explain:
________________ is not an attorney.
________________ is not a law firm.
________________ cannot represent you in court.
________________ cannot advise you about your legal rights or the law.
________________ cannot select legal forms for you.
Choose one:
______ Yes, s/he explained.
______ No, s/he did not explain.
(Signature of Client) (Date)
