Legal document assistant

An ad for legal document services; this ad specifically talks about copyright registration.

A legal document assistant (LDA, also known as "document technician", "legal document preparer", "legal technician", "online legal document provider" or "legal document clerk") 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.

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". as certified legal document preparers (CLDP).

California

Legal Document Assistants in the State of California are still sometimes incorrectly referred to as "independent paralegals" or "freelance paralegals," even though it has been more than a decade since those terms became obsolete by law. On September 30, 1998 Governor Pete Wilson signed California State Senate Bill SB1418, regulating the legal document preparation profession in the State of California, and creating a new formal title, Legal Document Assistant (LDA).

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.

Unlike paralegals, LDAs are authorized by law to provide legal document preparation services to consumers, after complying with the registration and bonding requirements. Neither paralegals nor LDAs are permitted to engage in the practice of law.

LDAs are not lawyers and do not offer legal advice, discuss legal strategies, answer questions of a legal nature, select forms for the consumer, or appear in court on the consumer’s behalf. They are professionals, qualified through education, training or work experience, authorized to assist consumers representing themselves in legal matters by preparing and processing the necessary legal documents.

A Legal Document Assistant, as defined by the California Business & Professions Code (Section 6400 (c)) is: "Any person who is otherwise not exempted 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 himself or herself in a legal matter, or who holds himself or herself out as someone who offers that service or has that authority, or a corporation, partnership, association, or other entity that employs or contracts with any person who is not otherwise exempted who, as part of his or her responsibilities, 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 himself or herself in a legal matter or holds himself or herself out as someone who offers that service or has that authority."

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.