If I do the research, is it legal for me to prepare documents such as bankruptcy, disolution of marriage…?
any type of court papers? I did it a couple of times for my family but now I want to start a business and charge a fee. I will NOT be offering any legal advice or representation of any kind. Just know what I am doing and want to make some extra money.
Ibu, could I do forms like credit letters and resumes then? I know I should go back to school and just become a lawyer but I do not have the time or money.
If the papers are very simple fill-in forms, then under certain circumstances many states allow non-lawyers to prepare these forms for clients. These businesses are known as LDP businesses or legal document preparation businesses. Most states that do allow this kind of business practice do have legal requirements to operate such a business though. For example California requires that LDP’s meet certain educational requirements such as a paralegal certification, or other educational degree in conjunction with a certain number of years experience working in a law related position under the supervision of a lawyer. Some states also require bonding (a kind of business liability insurance). If your only experience is preparing a few documents for your family, it is generally not advisable to pursue this kind of business even if your jurisdiction allows it because you will lack the requisite knowledge and experience to keep you from getting into trouble with customers and are very likely to have a complaint filed against you for UPL (unlicensed practice of law).
January 2nd, 2010 at 5:25 pm
Preparing legal papers is by definition giving legal advice. NO it’s not legal for you to do as a business. What would happen if you messed something up?
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January 2nd, 2010 at 5:38 pm
Totally illegal, even if you do it for relatives. You may only do your own forms for filing pro se (filing on your own behalf without an attorney), or for things like your personal will, contract for an apartment you rent out if you own the property, etc. Anytime you prepare any legal document or form for someone else, you must be a licensed attorney admitted to the bar in that state, or an employee under the direct supervision of an attorney (i.e. the attorney’s paralegal or secretary). By choosing which form to use in what situation, etc, you are giving legal advice and you can go to prison for practicing law without a license and admission to the bar.
If you make any mistakes, choose the wrong form, etc, you are also liable for damages, and you cannot get insurance since you are not an attorney. Therefore, you have to pay all damages out of pocket.
DON’T even think about it!
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January 2nd, 2010 at 6:24 pm
NO - it is NOT legal for you to do this. You stand a very good chance at being prosecuted for "Unauthorized Practice of Law" - as the other posters have said: This is not a good idea.
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life
January 2nd, 2010 at 6:34 pm
If the papers are very simple fill-in forms, then under certain circumstances many states allow non-lawyers to prepare these forms for clients. These businesses are known as LDP businesses or legal document preparation businesses. Most states that do allow this kind of business practice do have legal requirements to operate such a business though. For example California requires that LDP’s meet certain educational requirements such as a paralegal certification, or other educational degree in conjunction with a certain number of years experience working in a law related position under the supervision of a lawyer. Some states also require bonding (a kind of business liability insurance). If your only experience is preparing a few documents for your family, it is generally not advisable to pursue this kind of business even if your jurisdiction allows it because you will lack the requisite knowledge and experience to keep you from getting into trouble with customers and are very likely to have a complaint filed against you for UPL (unlicensed practice of law).
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I’m a corporate lawyer who is aware of the existence of LDP businesses as they are in competition with some of the more basic services that we provide for potential clients.