BILL NUMBER: AB 1761 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Brewer and Rod Pacheco
(Coauthor: Senator Speier)
JANUARY 18, 2000
An act to add Chapter 5.6 (commencing with Section 6450) to
Division 3 of the Business and Professions Code, relating to
professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1761, as introduced, Brewer. Professions and vocations:
paralegals.
Existing law defines the qualifications for and regulates the
practice of various professions and vocations.
This bill would establish the qualifications for practice as a
paralegal and make it unlawful for any person to identify himself or
herself as a paralegal unless he or she meets those qualifications
and performs all services under the direct supervision of an active
member of the State Bar of California.
This bill would also make it unlawful for a paralegal to perform
any services for a consumer, as defined, except as directed by the
attorney or entity employing or contracting with the paralegal. This
bill would provide for the recovery of attorney's fees in a civil
action brought in connection with a violation of these provisions.
Because this bill would also make a violation of these provisions
punishable as a misdemeanor, this bill would impose a state-mandated
local program by creating a new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.6 (commencing with Section 6450) is added to
Division 3 of the Business and Professions Code, to read:
CHAPTER 5.6. PARALEGALS
6450. (a) "Paralegal" means a person who either contracts with or
is employed by an attorney, law firm, corporation, governmental
agency, or other entity and who performs tasks under the direction
and supervision of an active member of the State Bar of California,
as defined in Section 6060, that have been specifically delegated by
the attorney to him or her. Tasks performed by a paralegal are those
traditionally performed by an attorney and 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; and collecting,
compiling, and utilizing technical information to make an independent
decision and recommendation to an attorney.
(b) A paralegal shall possess at least one of the following:
(1) A certificate of completion of a paralegal program approved by
the American Bar Association.
(2) A certificate of completion of a paralegal program at an
accredited postsecondary institution that requires the successful
completion of a minimum of 24 semester, or equivalent, units in
law-related courses.
(3) A baccalaureate degree or an advanced degree in any subject
and a written declaration from an active member of the State Bar of
California who has supervised the person for a minimum of one year,
stating that the person is qualified to perform paralegal tasks.
(4) A high school diploma or general equivalency diploma, a
minimum of three years of law-related experience under the
supervision of an active member of the State Bar of California, a
written declaration from this attorney stating that the person is
qualified to perform paralegal tasks, and a minimum of one year of
education provided by an active member of the State Bar of California
on the ethical responsibilities and duties of a paralegal. This
experience and training shall be completed no later than January 1,
2004.
(c) A paralegal does not include a nonlawyer who provides legal
services directly to members of the public, or a legal document
assistant or unlawful detainer assistant as defined in Section 6400.
6451. It is unlawful for a paralegal to perform any services for
a consumer except as directed by the attorney, law firm, corporation,
government agency, or other entity that employs or contracts with
the paralegal. "Consumer" means a natural person, firm, association,
organization, partnership, business trust, corporation, or public
entity.
6452. It is unlawful for a person to identify himself or herself
as a paralegal on any advertisement, letterhead, business card or
sign, or elsewhere unless he or she has met the qualifications of
subdivision (b) of Section 6450 and performs all services under the
direct supervision of an active member of the State Bar of
California.
6453. The terms "paralegal," "legal assistant," "attorney
assistant," "freelance paralegal," "independent paralegal," and
"contract paralegal" are synonymous for purposes of this chapter.
6454. (a) Any consumer injured by a violation of this chapter may
file a complaint and seek redress in any municipal or superior court
for injunctive relief, restitution, and damages. Attorney's fees
shall be awarded in this action to the prevailing plaintiff.
(b) Any person who violates the provisions of Section 6451 or 6452
is guilty of a misdemeanor punishable upon conviction by a fine of
two thousand five hundred dollars ($2,500) as to each consumer with
respect to whom a violation occurs, or imprisonment in a county jail
for not more than one year, or by both that fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.