6408-6415
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executed or is rescinded, canceled, or voided for any reason.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, "