What is the Difference Between a Paralegal and a Legal Document Assistant?

Legal Document Assistants have a similar educational background as a Paralegal. However, LDA’s are prohibited from calling themselves paralegals.

What is a Paralegal?

Business and Professions Code Section 6450 redefined “paralegal”. “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, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her.

Services that Paralegals Perform?

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.

What is a Legal Document Assistant “LDA”?

Business and Professional Code Section 6400 defines “Legal Document Assistant”. LDA means any person who is not person who is not exempted under Section 6401 and who provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing themselves in a legal matter, or who holds themselves out as someone who offers that service or has that authority. 

Services that an LDA CAN Perform

We can perform the following self-help services for you in connection with a legal matter in which you are representing yourself: 

1. Completing legal documents in a ministerial manner, selected by a person who is representing themselves in a legal matter, by typing or otherwise completing the documents at the person’s specific direction.
2. Providing general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing themselves in a legal matter, to assist the person in representing themselves. 
3. Making published legal documents available to a person who is representing themselves in a legal matter.
4. Filing and serving legal forms and documents at the specific direction of a person who is representing themselves in a legal matter.

Services that an LDA CANNOT Perform

A Legal Document Assistant cannot engage in the practice of law.

1. A legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. 

What are the Requirements to be an LDA?

Pursuant to Business Code Section 6402 an LDA shall be registered by the county clerk in the county in which their business is located and provide proof that the LDA meets the bonding requirement.  A Paralegal is not required to register, as they work only for attorneys, and not for consumers.