Category Archives: B&P Code

Potential Consequences for Paralegals Not Meeting their MCLE Requirements in CA

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Since January 1, 2007 paralegals have been required to certify that they have completed a certain number of hours participating in mandatory continuing legal education (MCLE) workshops. According to Business and Professions Code section 6450(d), paralegals must complete the following continuing education hours every two (2) years:
4 hours of legal ethics
4 hours of general law or specialized law

Unlike attorneys, paralegals are not required to submit their certifications to the state bar or any other overseeing entity. Paralegals are only required to provide those certifications to their supervising attorney. There is no specific format in which the certifications must be presented.

Given the lack of oversight over the paralegal certifications and the strenuous demands of a busy paralegal’s workload, it can become easy for a paralegal to not be in compliance with B&P Code section 6450(d).

There may be consequences for a paralegal who has not met all of their MCLE hours. For example, opposing counsel can dispute paying the firm’s professional fees for a paralegal’s billable time. Given that paralegals perform a majority of the tasks on certain cases, the amount of money that can be discounted from the professional legal fees, due to lack of certification, can be large.

In addition this issue may also come up if a well informed client disputes the paralegal’s billable time and decides that they don’t want to pay the legal fees. This can apply to their attorney’s own paralegal or to the opposing counsel’s paralegal.

Also, the local rules of certain courts require that fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business and Professions Code section 6450.

Furthermore, many job postings looking to hire paralegals, indicate that candidates must be in compliance with Business and Professions Code section 6450, which includes the MCLE requirements of section 6450(d).

But most importantly, given the way that the Business and Professions code is written, a paralegal is someone who is in compliance with the requirements of Business and Professions Code section 6450, which include subsection (d), and therefore, if a paralegal has not met the hours requirement, one can argue that they can’t be called a paralegal.

Although paralegals are only required to do a total of eight hours of MCLE within two years, it is advisable that a paralegal take as many MCLE courses as possible to ensure that they stay current on topics that are relevant in the fields that they practice in.

Business and Professions Code section 6450(d) states: Every two years . . . a paralegal shall be required to certify completion of four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of Section 6070. Certification . . . shall be made with the paralegal’s supervising attorney. The paralegal shall be responsible for keeping a record of the paralegal’s certifications.
Further Reading (external links):
CAPA Guide to MCLE Requirements
Business and Professions Code § 6450

 

Should I Register As An LDA?

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If you are contemplating starting to provide services to the public , you may be required to register as a Legal Document Assistant, per Business & Professions (“B&P”) Code section 6400, et seq, if the services are legal in nature.

Specifically, the following persons should register as a Legal Document Assistant:

Any person 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. This paragraph does not apply to any individual whose assistance consists merely of secretarial or receptionist services“. B&P section 6400(c)(1).

What types of services constitute “Self-Help Service”? (B&P Code section 6400(d)(1 through 4)):

(1) “Completing legal documents”
(2) “providing published factual information that has been written or approved by an attorney, pertaining to legal procedures . . . to assist the person in representing himself or herself. This service in and of itself, shall not require registration as a legal document assistant.
(3) “making published legal documents available to a” consumer.(4) “Filing and serving legal forms and documents”

What are some of the basic qualifications to register?

Per the Business & Professions Code, individuals with a paralegal background certificate/paralegal education working with the general public, who are representing themselves in legal matters, need to register. However, you do not have to register if you are merely providing secretarial services, or those exempted under B&P Code section 6401, et seq. Read section 6401 for a complete list of exempted persons (such as a government employee, attorney, etc.).

However, as B&P section 6401.5 states:

“This chapter does not sanction, authorize, or encourage the practice of law by nonlawyers. Registration under this chapter, or an exemption from registration, does not immunize any person from prosecution or liability pursuant to Section 6125, 6126, 6126.5, or 6127.” (UPL – Unauthorized Practice of Law).

See section B&P Code section 6415, which details the consequences for a “person who engages in acts of a [LDA] or unlawful detainer assistant, to comply with any of the requirements . . .”

Note: This blog is for informational purposes only, it is not to be construed as giving legal advice. Please seek the advice of an attorney to determine if your specific situation requires that you register as an LDA.