2005 California Business and Professions Code Sections 6408-6415 Article 3. Conduct of Business and Prohibited Acts

BUSINESS AND PROFESSIONS CODE
SECTION 6408-6415

6408.  The registrant's name, business address, telephone number,
registration number, expiration date of the registration, and county
of registration shall appear in any solicitation or advertisement,
and on any papers or documents prepared or used by the registrant,
including, but not limited to, contracts, letterhead, business cards,
correspondence, documents, forms, claims, petitions, checks,
receipts, money orders, and pleadings.
6408.5.  (a) All advertisements or solicitations published,
distributed, or broadcast offering legal document assistant or
unlawful detainer assistant services shall include the following
statement:  "I am not an attorney.  I can only provide self help
services at your specific direction."  This subdivision does not
apply to classified or "yellow pages" listings in a telephone or
business directory of three lines or less that state only the name,
address, and telephone number of the legal document assistant or
unlawful detainer assistant.
   (b) If the advertisement or solicitation is in a language other
than English, the statement required by subdivision (a) shall be in
the same language as the advertisement or solicitation.
6409.  No legal document assistant or unlawful detainer assistant
shall retain in his or her possession original documents of a client.
  A legal document assistant or an unlawful detainer assistant shall
immediately return all of a client's original documents to the client
in any one or more of the following circumstances:
   (a) If the client so requests at any time.
   (b) If the written contract required by Section 6410 is not
executed or is rescinded, canceled, or voided for any reason.
   (c) If the services described pursuant to paragraph (1) of
subdivision (b) of Section 6410 have been completed.
6410.  (a) Every legal document assistant or unlawful detainer
assistant who enters into a contract or agreement with a client to
provide services shall, prior to providing any services, provide the
client with a written contract, the contents of which shall be
prescribed by regulations adopted by the Department of Consumer
Affairs.
   (b) The written contract shall include all of the following
provisions:
   (1) The services to be performed.
   (2) The costs of the services to be performed.
   (3) There shall be printed on the face of the contract in 12-point
boldface type a statement that the legal document assistant or
unlawful detainer assistant is not an attorney and may not perform
the legal services that an attorney performs.
   (4) The contract shall contain a statement in 12-point boldface
type that the county clerk has not evaluated or approved the
registrant's knowledge or experience, or the quality of the
registrant's services.
   (5) The contract shall contain a statement in 12-point boldface
type that the consumer may obtain information regarding free or
low-cost representation through a local bar association or legal aid
foundation and that the consumer may contact local law enforcement, a
district attorney, or a legal aid foundation if the consumer
believes that he or she has been a victim of fraud, the unauthorized
practice of law, or any other injury.
   (6) The contract shall contain a statement in 12-point boldface
type that a legal document assistant or unlawful detainer assistant
is not permitted to engage in the practice of law, including
providing any kind of advice, explanation, opinion, or recommendation
to a consumer about possible legal rights, remedies, defenses,
options, selection of forms, or strategies.
   (c) The contract shall be written both in English and in any other
language comprehended by the client and principally used in any oral
sales presentation or negotiation leading to execution of the
contract.  The legal document assistant or the unlawful detainer
assistant is responsible for translating the contract into the
language principally used in any oral sales presentation or
negotiation leading to the execution of the contract.
   (d) Failure of a legal document assistant or unlawful detainer
assistant to comply with subdivisions (a), (b), and (c) shall make
the contract or agreement for services voidable at the option of the
client.  Upon the voiding of the contract, the legal document
assistant or unlawful detainer assistant shall immediately return in
full any fees paid by the client.
   (e) In addition to any other right to rescind, the client shall
have the right to rescind the contract within 24 hours of the signing
of the contract.  The client may cancel the contract by giving the
legal document assistant or the unlawful detainer assistant any
written statement to the effect that the contract is canceled.  If
the client gives notice of cancellation by mail addressed to the
legal document assistant or unlawful detainer assistant, with
first-class postage prepaid, cancellation is effective upon the date
indicated on the postmark.  Upon the voiding or rescinding of the
contract or agreement for services, the legal document assistant or
unlawful detainer assistant shall immediately return to the client
any fees paid by the client, except fees for services that were
actually, necessarily, and reasonably performed on the client's
behalf by the legal document assistant or unlawful detainer assistant
with the client's knowing and express written consent.  The
requirements of this subdivision shall be conspicuously set forth in
the written contract.
6410.5.  (a) It is unlawful for any legal document assistant or
unlawful detainer assistant, in the first in-person or telephonic
solicitation of a prospective client of legal document or unlawful
detainer assistant services, to enter into a contract or agreement
for services or accept any compensation unless the legal document
assistant or the unlawful detainer assistant states orally, clearly,
affirmatively and expressly all of the following, before making any
other statement, except statements required by law in telephonic or
home solicitations, and a greeting, or asking the prospective client
any questions:
   (1) The identity of the person making the solicitation.
   (2) The trade name of the person represented by the person making
the solicitation, if any.
   (3) The kind of services being offered for sale.
   (4) The statement:  "I am not an attorney" and, if the person
offering legal document assistant or unlawful detainer assistant
services is a partnership or a corporation, or uses a fictitious
business name, "(name) is not a law firm.  I/we cannot represent you
in court, advise you about your legal rights or the law, or select
legal forms for you."
   (b) If the first contact between a legal document assistant or an
unlawful detainer assistant and a prospective client is initiated by
the prospective client, it is unlawful for the legal document
assistant or unlawful detainer assistant to enter into a contract or
agreement for services or accept any compensation unless the legal
document assistant or the unlawful detainer assistant states orally,
clearly, affirmatively and expressly, during that first contact, and
before offering any contract or agreement for services to the
prospective client, the following: "I am not an attorney (and, if the
person offering legal document assistant or unlawful detainer
assistant services is a partnership or a corporation, or uses a
fictitious business name, "(name) is not a law firm.")  (I/We) cannot
(1) represent you in court, (2) advise you about your legal rights
or the law, or (3) select legal forms for you."  After making this
statement, and before offering the prospective client a contract or
agreement for services, a legal document assistant or unlawful
detainer assistant who has made the statement in accordance with this
subsection may ask the prospective client to read the "Notice to
Consumer" set forth below, and after allowing the prospective client
time to read the notice, may ask the prospective client to sign and
date the notice.  The notice shall be set forth in black, bold,
14-point type on a separate, white, 81/2 by 11 inch sheet of paper
which contains no other print or graphics, and shall be in the
following form.  The notice shall contain only the appropriate name
or other designation from those indicated in brackets below.  At the
time a prospective client signs the notice and before that
prospective client is offered any contract or agreement for
signature, the legal document assistant or unlawful detainer
assistant shall give the prospective client a clearly legible copy of
the signed notice.  A legal document assistant or unlawful detainer
assistant shall not ask or require a prospective client or a client
to sign any other form of acknowledgment regarding this notice.
                         NOTICE TO CONSUMER
            DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE
In the first conversation when you contacted
(the unlawful detainer assistant or
the legal document assistant), did (he
or she) explain . . . . . .
(Name of unlawful detainer assistant
or legal document assistant) is not
an attorney.
(Name of corporation or partnership,
if any, that is offering legal document
assistant services or unlawful
detainer assistant services) is not a
law firm.
(He/she/name of the business)
cannot represent you in court.
(He/she/name of the business) cannot
advise you about your legal rights or
the law.
(He/she/name of the business) cannot
select legal forms for you.
Choose one:
     Yes, (he/she) explained.
     No, (he/she) did not explain.
Date:
Signature:
6411.  It is unlawful for any person engaged in the business or
acting in the capacity of a legal document assistant or unlawful
detainer assistant to do any of the following:
   (a) Make false or misleading statements to the consumer concerning
the subject matter, legal issues, or self-help service being
provided by the legal document assistant or unlawful detainer
assistant.
   (b) Make any guarantee or promise to a client or prospective
client, unless the guarantee or promise is in writing and the legal
document assistant or unlawful detainer assistant has a reasonable
factual basis for making the guarantee or promise.
   (c) Make any statement that the legal document assistant or
unlawful detainer assistant can or will obtain favors or has special
influence with a court, or a state or federal agency.
   (d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
   (e) Engage in the unauthorized practice of law, including, but not
limited to, giving 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 subdivision (d) of Section 6400.
   (f) Use in the person's business name or advertising the words
"legal aid," "legal services," or any similar term that has the
capacity, tendency, or likelihood to mislead members of the public
about that person's status as a nonprofit corporation or
governmentally supported organization offering legal services without
charge to indigent people, or employing members of the State Bar to
provide those services.
6412.  (a) Any owner or manager of residential or commercial rental
property, tenant, or other person who is awarded damages in any
action or proceeding for injuries caused by the acts of a registrant
while in the performance of his or her duties as a legal document
assistant or unlawful detainer assistant may recover damages from the
bond or cash deposit required by Section 6405.
   (b) If there has been a recovery against a bond or cash deposit
under subdivision (a) and the registration has not been revoked
pursuant to Section 6413, the registrant shall file a new bond or
deposit an additional amount of cash within 30 days to reinstate the
bond or cash deposit to the amount required by Section 6405.  If the
registrant does not file a bond, or deposit this amount within 30
days, his or her certificate of registration shall be revoked.
6412.1.  (a) Any person injured by the unlawful act of a legal
document assistant or unlawful detainer assistant shall retain all
rights and remedies cognizable under law.  The penalties, relief, and
remedies provided in this chapter are not exclusive, and do not
affect any other penalties, relief, and remedies provided by law.
   (b) Any person injured by a violation of this chapter by a legal
document assistant or unlawful detainer assistant may file a
complaint and seek redress in any superior court for injunctive
relief, restitution, and damages.  Attorney's fees shall be awarded
to the prevailing plaintiff.  A claim under this chapter may be
maintained in small claims court, if the claim and relief sought are
within the small claims court's jurisdiction.
6412.5.  A legal document assistant or an unlawful detainer
assistant may neither seek nor obtain a client's waiver of any of the
provisions of this chapter.  Any waiver of the provisions of this
chapter is contrary to public policy, and is void and unenforceable.
6413.  The county clerk shall revoke the registration of a legal
document assistant or unlawful detainer assistant upon receipt of an
official document or record stating that the registrant has been
found guilty of the unauthorized practice of law pursuant to Section
6125, 6126, or 6127, has been found guilty of a misdemeanor violation
of this chapter, has been found liable under Section 6126.5, or that
a civil judgment has been entered against the registrant in an
action arising out of the registrant's negligent, reckless, or
willful failure to properly perform his or her obligation as a legal
document assistant or unlawful detainer assistant.  The county clerk
shall be given notice of the disposition in any court action by the
city attorney, district attorney, or plaintiff, as applicable.  A
registrant whose registration is revoked pursuant to this section may
reapply for registration three years after the revocation.
6414.  A registrant whose certificate is revoked shall be entitled
to challenge the decision in a court of competent jurisdiction.
6415.  A failure, by a person who engages in acts of a legal
document assistant or unlawful detainer assistant, to comply with any
of the requirements of Section 6401.6, 6402, 6408, or 6410,
subdivision (a), (b), or (c) of Section 6411, or Section 6412.5 is a
misdemeanor punishable by a fine of not less than one thousand
dollars ($1,000) or more than two thousand dollars ($2,000), as to
each client with respect to whom a violation occurs, or imprisonment
for not more than one year, or by both that fine and imprisonment.
Payment of restitution to a client shall take precedence over payment
of a fine.


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