Legal Question in Family Law in California

what type of services can a non-attorney provide to individuals as pertains to the law? ie., forms completion, filing services, lawyer referrals, pre-paid legal contracts, etc


Asked on 7/22/11, 10:12 am

4 Answers from Attorneys

Your question is too open-ended to answer. Of the things you mention, forms completion is allowed, but only if no legal judgment or determinations are required, court filings and service of process are pretty much always done by non-attorneys, lawyer referrals are allowed but it is illegal for a lawyer to compensate a non-lawyer for a referral, and I don't know what you exactly mean by a non-attorney providing pre-paid legal contracts. I should also mention that under the supervision of a licensed attorney, a certified paralegal can do most of the things a lawyer can do, though the lawyer will be on the hook for malpractice if the paralegal makes mistakes that harm the client.

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Answered on 7/22/11, 10:20 am
Arlene Kock Law Offices of Arlene D. Kock APLC

Asking about what proper form or "paperwork" to use is a question regularly asked on this and other divorce information web sites. The nature of the question reveals a basic misunderstanding of the difference between picking the right family law forms verses creating the proper legal arguments that fit a specific case. The legal forms are only the wood,hammer and nails of the construction. A proper understanding of the legal issues and how specific facts fit together comes with legal training. It is the experience of knowing what you are building and how to build it. Meeting with a skilled family law attorney to explore your legal options is the best insurance to protect your legal rights.

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Answered on 7/22/11, 11:07 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick's response. A paralegal is only allowed to assist clients when supervised by a licensed attorney. Beware of unlicensed individuals offering to help you. Even if their intentions are good, their assistance may cause you a lot of headaches down the road.

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Answered on 7/22/11, 5:54 pm


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