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Marginalia
Code · California · Business and Professions Code

§ 6410.5

709 words·~3 min read·/ca/business-and-professions-code/6410-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is unlawful for any legal document assistant or unlawful detainer assistant, in the first contact with 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.”
(5)The county in which the legal document assistant or unlawful detainer assistant is registered and their registration number.
(6)The expiration date of the legal document assistant’s or unlawful detainer assistant’s current registration period.
(b)After the legal document assistant or unlawful detainer assistant makes the oral statements required pursuant to subdivision (a), and before the legal document assistant or unlawful detainer assistant enters into a contract or agreement for services or accepts any compensation, the legal document assistant or unlawful detainer assistant shall provide the prospective client with a “Notice to Consumer” set forth below. After allowing the prospective client time to read the notice, the legal document assistant or unlawful detainer assistant shall ask the prospective client to sign and date the notice. If the first contact is not in person, the legal document assistant or unlawful detainer assistant shall provide the notice to the prospective client at the first in-person meeting or mail the notice to the prospective client before entering into a contract or agreement for services or accepting any compensation. The notice shall be set forth in black, bold, 12-point type on a separate, white, 8 1 2 by 11 inch sheet of paper that contains no other print or graphics, and shall be in the form set forth below. 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 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:
(c)The legal document assistant or unlawful detainer assistant shall be responsible for translating, if necessary, the “Notice to Consumer” required pursuant to subdivision
(b)into the language principally used in any oral sales presentation or negotiation.
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