3 LDA rules, found under the CA business and professions code, that you might be breaking, without even knowing it. BPC 6410.5 – which states that the LDA must use a “Notice to Consumer” with prospective clients. BPC 6408.5(a) – lists out the mandatory language to be used in the LDA’s advertising. BPC 6411(f) which requires LDAs to not use misleading language on the LDA’s business name and advertising. These disclosures, notices, and clarifications are absolutely necessary to avoid the LDA in committing the unlawful practice of law. These rules were created for the public’s protection.
“Notice to Consumer”
| 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 they 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. |
| [They/name of the business] cannot represent you in court. |
| [They/name of the business] cannot advise you about your legal rights or the law. |
| [They/name of the business] cannot select legal forms for you. |
| [They/name of the business] is registered in [county name] and the registration number is [registration number]. |
| [They/name of the business]’s registration is valid until [date of expiration of registration], after which it must be renewed. |
| To confirm that [they/name of business] is registered, you may contact the [county name] clerk’s office at [office address], [or] [office phone number], [or] [if available, office internet website]. |
| Choose one: |
| Yes, they explained. |
| No, they did not explain. |
| Date: |
| Signature: |
“Notice to Consumer”
available at
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6410.5