Legal Services for California Paralegal

Do you want to be part of the legal profession but don’t want to spend years in a law program? If you do, consider becoming a paralegal. You’ll enjoy benefits including:

Excellent earning potential
Diverse workplaces and specializations
Potential to become a lawyer with further education

What better place to become a paralegal than California? The Golden State is among the best states for paralegal employment. But it has strict regulations about paralegal qualifications and scope of work.

On that note, if you’re wondering, “What legal services can a paralegal do in California?”, read on. It’s important to understand what’s legally allowed in paralegal practice because it:

Means following the Business and Professions Code (BPC) §6450. This is the specific law that governs what a paralegal may and may not do.
Preventing ethical violations and their legal consequences.
Ensuring better working relationships with lawyers, other support staff, and clients.

In this article, we’ll cover the allowed paralegal duties in California. We’ll also discuss their limits, supervision requirements, and career paths.

Related:

Legal Definition of a Paralegal in California

The BPC §6450 is foremost among the California paralegal laws. In it, a paralegal is a person who:

Is qualified to perform substantive legal work. This means work that requires knowledge and skills in legal concepts and procedures.
Have met the required education, training, and certification requirements set by the state.
Performs tasks delegated by and under the direct supervision of an attorney. The supervising lawyer would have performed the tasks if these weren’t delegated. The supervising attorney remains ultimately responsible for the work’s legality and quality.

The paralegal job description in California is meant to differentiate paralegals from:

Legal document assistants (LDAs). These professionals aid the public in legal document preparation in non-litigation matters. Legal documents related to name changes and divorce are common examples. Their work is regulated under BPC §§6400–6415.
Legal secretaries. These professionals perform clerical and administrative tasks in legal settings. There are no legal education standards for their work.

Under BPC §6450, a person can only use the title “paralegal” when they meet one of these qualifications.

A high school diploma or GED plus at least three years of law-related experience under a lawyer. (There’s a grandfather clause – it must have been completed before December 31, 2003)
A bachelor’s degree plus at least one year of law-related experience under a lawyer.
A certificate from a regional accredited program. It must include at least 24 semester units in law-related courses.
A certificate from an ABA-approved paralegal program.

Paralegals must complete 8 hours of continuing legal education (CLE) every two years. The CLE must be 4 hours in general law and 4 hours in legal ethics.

Permitted Legal Services and Tasks

The legal tasks a California paralegal can perform are dependent on attorney supervision.

Legal Research and Drafting

Paralegals can conduct in-depth legal research and prepare legal documents. Their work is vital in building the foundation of lawsuits and other legal matters.

Drafting pleadings, discovery, declarations: Paralegals draft legal documents that their supervising attorney will review, including:
- Pleadings, such as answers, complaints, and motions
- Discovery documents, such as requests for production and interrogatories
- Declarations and other supporting documentation
Legal research and memo writing: Paralegals perform these tasks to support their supervising attorney’s legal strategy. Their work is essential in a lawyer’s case planning and decision-making process.

Client and Witness Support

Paralegals serve as a point of contact for witnesses, clients, and other third parties. As part of their work, paralegals perform these tasks, too.

Interview clients and witnesses to collect relevant evidence, facts, and timelines.
Organize client files and intake documents. ID records, intake forms, and signed agreements are examples.

Trial and Case Preparation

The supervised legal work by paralegals extends to hearings and trials, too.

Assisting attorneys with depositions and summarizing deposition transcripts. Their work also includes preparing exhibits and coordinating with third parties.
Managing evidence, exhibits, and timelines. These tasks are essential for an attorney’s persuasive presentation, among other purposes.

Administrative and Procedural Tasks

Paralegals aren’t clerical staff per se. But their work also means performing administrative and procedural tasks, including:

Filing court documents through federal and state e-filing systems. They must ensure complete, accurate, and on-time submissions.
Monitoring deadlines and calendaring. Their work ensures that attorneys comply with procedures and avoid missed deadlines.

Indeed, paralegals are vital legal professionals because of the work they do.

Prohibited Services and the Unauthorized Practice of Law

If you’re wondering what paralegals can’t do in California, here’s a summary. These can’t-do tasks are governed by BPC §6450 and ABA guidelines.

Also, paralegals shouldn’t engage in any of these activities regardless of circumstances. They shouldn’t do so, even under the assumption of attorney delegation or approval—not even if a client, a judge, or other third parties requested it.

Provide legal advice. Paralegals aren’t allowed to advise clients on their legal rights, among others.
Set or negotiate legal fees. Paralegals are prohibited from these activities because only an attorney can do so.
Represent clients in court. Paralegals aren’t allowed to speak on behalf of a client in legal settings.
Sign legal documents on behalf of attorneys. Paralegals also can’t sign legal documents that demand an attorney’s signature.

California paralegal laws are among the country’s strictest, too. Engaging in unauthorized practice of law (UPL) can bring serious consequences. Both the paralegal and their supervising attorney can face these risks.

Criminal penalties (i.e., misdemeanor offense)
Civil liability (i.e., clients can use for damages and/or malpractice)
Disciplinary actions
Job loss and damage to reputation and career

Here are a few real-world examples and their consequences:

A paralegal gave unauthorized advice to a client about Chapter 7. The client experienced financial harm and, as a result, the paralegal was terminated.
A paralegal negotiated fees with a client to persuade him to retain the law firm’s services. The client disputed the fee and made a complaint. The law firm now faces a State Bar investigation.

Suffice it to say that paralegals must know the limitations of their job.

Education and Certification Requirements in California

The California Business and Professions Code 6450 sets clear educational standards for paralegals. Aspiring paralegals must meet one of these educational pathways.

ABA-approved paralegal program
Bachelor’s degree + paralegal certificate
Equivalent training with law firm experience

Certified paralegal requirements in California also include CLE requirements. The courses must be from State Bar-approved providers, too.

Certification isn’t mandatory, but it’s highly recommended for career advancement. Consider one of these certifications.

Certified Paralegal (CP) by NALA
Core Registered Paralegal (CRP) or Registered Paralegal (RP) by NFPA

These requirements may seem too strict. But these are vital to ensure that California paralegals deliver high-quality legal work.

Ethical Guidelines and Supervision Requirements

Paralegals in California must uphold high ethical standards, too. First, paralegals must comply with attorney supervision and adhere to ethical responsibilities. Indeed, supervised legal work by paralegals is their profession’s core value.

Second, paralegals must maintain client confidentiality and avoid conflicts of interest. These ethical rules also apply to their supervising attorneys.

These California paralegal responsibilities are governed by the guidelines stated in the:

State Bar of California Guidelines for Paralegal Conduct
California Alliance of Paralegal Associations (CAPA) Code of Ethics

In both cases, there’s a strong emphasis on ethical practice, integrity, and honesty.

Common Practice Areas and Employment Settings

Paralegals in California work in a wide range of practice areas, including:

Immigration
Family law
Real estate
Personal injury
Criminal defense
IP law

California paralegal responsibilities differ depending on the practice area, too.

Their diverse work environments include:

Law firms
Government agencies
Corporations
Nonprofit legal aid
Court systems

Paralegal duties in California differ, too, based on the work environment. You can engage more in legal research in law firms, for example.

California’s diverse legal market means a world of opportunities for paralegals. There’s a particularly strong demand for bilingual and tech-savvy paralegals.

Career Outlook and Salary Trends in California

The clearly defined paralegal job description in California matches its excellent salary. Again, California is among the top states for paralegal employment.

Projected job growth for paralegals is 12.2% (2022-2032). This is over 12 times the national rate (1%, BLS).
The average annual salary is $69,749/year (Indeed). According to BLS, the national median wage is $61,010/year (May 2023).

Paralegals also enjoy more competitive salaries in urban centers. There’s also an increasing demand in tech law, healthcare compliance, and contract law. Here, the California paralegal responsibilities are more challenging.

Conclusion

What legal services can a paralegal do in California? In summary, legal support is provided under the supervision of a licensed lawyer. California paralegal laws demand compliance with strict legal and ethical guidelines.

To do so, you must undertake the education, supervision, and ongoing training. Start by exploring certification programs offered by approved paralegal schools.

Once you’re a paralegal, you can make a positive impact on your profession, employer, and clients. Your goal is to help make legal services more efficient, accessible, and effective.