Definition of a California Paralegal

The California Alliance of Paralegal Associations (CAPA) achieved a significant milestone in 2000 with the passage of AB 1761. This landmark legislation created a statutory definition for "paralegal" and "legal assistant" in California.; Every practicing California paralegal should become familiar with the specific codified 6450 sections below and all subsequent sections of the California Business and Professions Code (BPC).

Essentially, this law outlines the education, training, and continuing education requirements that legal professionals must meet to use these titles legally in California. It serves to professionalize and regulate the paralegal profession, ensuring a standard of competence and ethical practice within the State.

6450. (a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her.

(e) A paralegal does not include a nonlawyer who provides legal services directly to members of the public, or a legal document assistant or unlawful detainer assistant as defined in Section 6400, unless the person is a person described in subdivision (a).

6451.  It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this chapter shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities if those services are specifically allowed by statute, case law, court rule, or federal or state administrative rule or regulation. “Consumer” means a natural person, firm, association, organization, partnership, business trust, corporation, or public entity.

6454. The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of this chapter.

Please note these important excerpts;

6450 (b) states:  notwithstanding subdivision (a), a paralegal shall not do any of the following:
(1) Provide legal advice. 
(2) Represent a client in court.
(3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal.
(5) Engage in conduct that constitutes the unlawful practice of law.
(6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services.  

Also to clarify:  As of January 1, 2004, anyone identifying as or representing their experience or training as a paralegal or legal assistant must meet the education requirements outlined in California Business and Professions Code § 6450(c)(1), or (2), or (3). After this date, the  grandfather provision (4) no longer applies.