§ 3950. Legal Document Assistant Standard Contract.
16 CA ADC § 3950BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 38. Department of Consumer Affairs
Chapter 5. Legal Document Assistants
Article 3. Legal Document Assistant Standard Contract (Refs & Annos)
16 CCR § 3950
§ 3950. Legal Document Assistant Standard Contract.
(a) Every legal document assistant as defined in subdivision (c) section 6400 of the Business and Professions Code who enters into a contract or agreement with a client to provide self-help services shall complete the standard form contract specified in subdivision (b). Upon execution of the contract by all parties, and prior to providing any service, the legal document assistant shall give a copy of the contract to all client parties. The contract shall be in English and in any other language understood by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The legal document assistant shall be responsible for translating the contract into any language other than English principally used in any oral sales presentation or negotiation leading to execution of the contract, and shall give all client parties copies of both the fully-executed English-language version of the contract and the foreign-language translation of it before providing any service.
(b) Legal Document Assistant Contract for Self-Help Services.
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.”
1. 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).
2. [12-point bold type] I am not an attorney. I cannot perform the legal services that an attorney performs. I cannot engage in the practice of law.
3. [12-point bold type] The county clerk has not evaluated or approved my knowledge or experience, or the quality of my work.
4. 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.
5. It is a violation of California law if I make any false or misleading statement to you.
6. I cannot obtain special favors from, and I do not have any special influence with, any court or any state or federal agency.
7. 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.
[12-point bold type] 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):
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):
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.
[Bold type] You may cancel this contract for any reason within 24 hours after we both have signed it.
[Bold type] 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
Business name (if different):
Street address of business:
City, State, ZIP:
Fax number (if any):
Registration number in county where services will
Date of expiration:
I have filed a bond or made a cash deposit in the following
Name of client:
Name of client:
City, State, ZIP:
Title or brief description of the legal matter in which the client is representing himself or herself:
Executed at __________, California.
(Signature of Legal
Notices to Client
[12-point bold type] 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.
(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.)
(c) The legal document assistant shall reproduce the standard form contract prescribed by subdivision (b).
Note: Authority cited: Section 6410, Business and Professions Code. Reference: Sections 6401.6, 6402, 6405, 6408, 6409, 6410 and 6411, Business and Professions Code.
1. New article 3 (section 3950) and section filed 8-12-99; operative 8-16-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 33).
This database is current through 9/11/20 Register 2020, No. 37
16 CCR § 3950, 16 CA ADC § 3950
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