BILL NUMBER: AB 2810	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 28, 2000

   An act to amend Sections 6400 and 6402 of the Business and
Professions Code, relating to legal document and unlawful detainer
assistants, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2810, as introduced, Robert Pacheco.  Legal document and
unlawful detainer assistants:  county of registration.
   Existing law generally regulates legal document and unlawful
detainer assistants, as defined, and, among other things, requires
them to be registered with the county clerk in each county in which
the services are being provided.
   This bill would instead require registration only in the county in
which a legal document or unlawful detainer assistant has his or her
principal place of business.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6400 of the Business and Professions Code is
amended to read:
   6400.  (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
   (b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
   (c) "Legal document assistant" means:
   (1) Any 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 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 shall not
apply to any individual whose assistance consists merely of
secretarial or receptionist services.
   (2) A corporation, partnership, association, or other entity that
employs or contracts with any person not exempted under Section 6401
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.  This paragraph shall not apply to an individual whose
assistance consists merely of secretarial or receptionist services.
   (d) "Self-help service" means all of the following:
   (1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself 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 himself or
herself in a legal matter, 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 person who is
representing himself or herself in a legal matter.
   (4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a
legal matter.
   (e) "Compensation" means money, property, or anything else of
value.
   (f) A legal document assistant, including any legal document
assistant employed by a partnership or corporation, shall not provide
any self-help service for compensation after January 1, 2000, unless
the legal document assistant is registered in the county in which
 the services are being provided  his or her
principal place of business is located  .
   (g) A legal document assistant shall 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.  A legal document assistant shall complete
documents only in the manner prescribed by paragraph (3) of
subdivision (d).
   (h) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 2.  Section 6402 of the Business and Professions Code, as
amended by Section 8 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6402.  A legal document assistant or unlawful detainer assistant
shall be registered pursuant to this chapter by the county clerk
 of each   in the  county in which 
he or she performs acts for which registration is required 
 his or her principal place of business is located  .  No
person who has been disbarred or suspended from the practice of law
pursuant to Article 6 (commencing with Section 6100) of Chapter 4
shall, during the period of any disbarment or suspension, register as
a legal document assistant or unlawful detainer assistant.  The
Department of Consumer Affairs shall, by July 1, 1999, develop the
application that shall be completed by a person for purposes of
registration as a legal document assistant.  The application shall
specify the types of proof that the applicant shall provide to the
county clerk in order to demonstrate the qualification and
requirements of Section 6402.1.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.
  SEC. 3.  Section 6402 of the Business and Professions Code, as
added by Section 9 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6402.  An unlawful detainer assistant shall be registered pursuant
to this chapter by the county clerk  of each  
in the county in which  he or she performs acts for
which registration is required   his or her principal
place of business is located  .  No person who has been
disbarred or suspended from the practice of law pursuant to Article 6
(commencing with Section 6100) of Chapter 4 shall, during the period
of any disbarment or suspension, register as an unlawful detainer
assistant.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Legal document and unlawful detainer assistants will incur bond
costs associated with registration in each county in which they
practice rather than solely in the county in which their principal
place of business is located. In order to avoid their incurring these
additional expenses, it is necessary that this act take effect
immediately.