I am looking for anyone that has experience becoming a non attorney document preparer. I know certain states like Florida and Nevada require licensing to be able to prepare documents for people without giving legal advice. I live in Indiana. So far, I’m not locating anything against it. I want to be able to provide better looking POA forms, create Wills & Trusts, deeds (and record), and charge for those services. There are so many companies online that offers services that create the docs for you for a fee who are not law firms or attorneys.
I think what you’re describing is a Paralegal. Each State has it’s own rules governing this practice. You should take a careful look at Indiana’s Paralegal laws.
How to Become a Paralegal in Indiana, Paralegal Requirements IN.
I have looked and its along the lines of a paralegal but not exactly. I will not be under the direction of an attorney. This is simply to prepare documents according to the client but not giving legal advice. I reached out to my SOS who sent me to the Indiana Judicial office who was no help.
@RiverpointeTax not necessarily…in FL there are certified document preparers like @KASHEENA_WILBUR is describing. Not much he!p from me here…I did some searching and could find NO info for IN. Sorry Kasheena.
As I performed various notarial services for people, those customers would ask if I could help them with preparing documents. I research the matter too. I came across the same results Riverpointe Tax and LindaH-FL concluded too. Also, I reached out the Notary Public Department and was told to contact their legal department too. I was told by the Notary Public’s Legal department that they do not give legal advice “counsel” and I should contact an attorney to get an answer to my question. My takeaway was there’s a lot of legal, liability concerns, and other angles that needs consideration to become a "Non-Attorney Document Preparer. I concluded not to look into it anymore. Good luck on your journey.
I know it exists and people do. If not, there would be no businesses that offer this services. Indiana is not a state that requires certifications and licenses to be able to do it. However I would love to add that service to my business. Of course, I would detail that I am a non-attorney. The clients would also know that I can’t give legal advice or represent them in court. I would just prepare the document according to the clients wording and satisfaction, but also make sure everything is included. For example, the client wants a POA. I can create the document with the information they provide, include medical/health directives as well for one set fee. If someone wants a trust created for an individual, joint, or separate entity, I can complete it along with a deed and file with the county all for a specified fee. I already know what everything entails and how my state wants documents to be.
No, I think you may be confused, Kasheena, you are allowed to prepare your own legal documents for your own use (like appearing in court pro se, your own Will, Deed, etc) so that is one thing. But preparing legal documents for someone else is an entirely different matter. According to your state law, you would need to be under direct supervision of a licensed attorney. And even then, your role would be limited.
In Indiana, the Unauthorized Practice of Law (UPL) Committee of the Indiana State Bar Association (ISBA) can take action against people who practice law without a license. This includes notaries who engage in activities that are not authorized for them. Non-lawyer intermediaries include professionals who assist the public in finding information and resources (not preparing legal documents), such as librarians, social workers, case managers, and advocates.
In Indiana, only licensed attorneys can prepare legal documents that have legal consequences. This includes deeds, power of attorneys, and other legal documents.
Case law
- State ex Rel. Indiana State Bar v. Diaz, 838 N.E.2d 433
The court ruled that Diaz’s actions constituted the unauthorized practice of law and ordered an injunction.
- State Indiana State Bar Association v. Northouse
The court ruled that Northouse and Ramer engaged in the unauthorized practice of law and ordered an injunction.
What notaries can do:
Take acknowledgments, Administer oaths and affirmations, Sell blank legal forms, and Sell general printed legal information. (legal forms that are already prepared!)
WHAT NOTARIES CANNOT DO
- Prepare or interpret legal documents
- Advise clients on how to complete legal forms
- Make changes to legal forms completed by clients
(UPL whitepaper, see page 46, for Indiana)
https://www.lawclerk.legal/unauthorized_practice_of_law_whitepaper
And from the Indiana State Bar Association:
"Unauthorized practice of law
It is unlawful to provide legal services to Indiana residents and/or on Indiana legal matters without being authorized to practice law. Pursuant to the Indiana Rules for Admission to the Bar and the Discipline of Attorneys, the Indiana Supreme Court has given the ISBA’s Unauthorized Practice of Law (UPL) Committee the specific authority to restrain or enjoin the unauthorized practice of law in Indiana (see Rule 24).
Report the unauthorized practice of law through this form: UPL Complaint Form
The UPL Committee investigates the unauthorized practice of law by persons not licensed to practice law in Indiana. As appropriate, the Committee may provide comments or opinions, formal or informal, on the subject of UPL.
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I will call them in the morning. So far, I’ve been getting the runaround. Being a non-attorney document preparer is a thing. Some states require licensure. As a matter of fact, a friend of mine is a Mobile Notary and also does doc prep in NV. Indiana doesn’t specifically have laws against being one. Documents will be prepared from information the client sends you, not your own wording. It is also understood that no legal advice would be given, just simply typing the docs.
I feel it’s a small gray area, but thats for that information.
I am a legal document preparer in California. I had to have a paralegal degree to meet the requirements to get registered in the state.
And you work under the supervision of a licensed attorney, yes?
Me? Heck no. I am my own boss.
= preparing a legal document, Kasheena.
But in most cases, you are simply typing. Most of law is handled from standard forms.
If you do it, I do it, or the attorney does it, we all use the same form.
I have felt guilty for doing what I do.
I will send you a questionnaire the same as the attorney, and we both will transfer the info from the questionnaire to the “official” state form and then charge you for it.
What things can a paralegal NOT DO? (in California)
- Provide legal advice.
- Represent a client in court.
- 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.
- Act as a runner or capper, as defined in Sections 6151 and 6152.
- Engage in conduct that constitutes the unlawful practice of law.
- Contract with, or be employed by, a natural person other than an attorney to perform paralegal services.
- Induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived.
- Establish the fees to charge a client.
and I am not a paralegal when I am working as a legal document preparer.
I am a paralegal IF I was employed by an attorney.
I am a legal document preparer/assistant IF I am working as an LDA.
So there are two different titles. Two different laws. Two different set of rules.
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Here is the code section for LDAs.
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AHA thank you, Carol! I read “paralegal” and totally missed the legal document preparer. I learned something new today. I appreciate the clarification very much. Titles very much matter indeed.
" What does an LDA do? (LDA = Licensed Document Preparer)
An LDA is an experienced professional who is authorized to prepare legal documents for a client, but only at the direction of the client."
This is absolutely brilliant. I checked to see if we have that here in Washington. I would love to do that here, as I was a paralegal once upon a time. We don’t, but we do have a limited license legal technician, also known as a legal technician or LLLT, who can also prepare legal documents.
Thank you, Carol!
UPDATE: I missed the boat on this in Washington. They ended the Limited License Legal Technician program in Washington 2020 (during covid!) Decision to Sunset LLLT Program
That’s exactly what it is. There should be no difference in typing the documents for people. I’m pretty sure Rocket Lawyer, eforms, or other companies wouldn’t be able to capitalize off this. Several companies like nursing homes I work with use these forms printed off sites online to use for people.
Your welcome. Glad to be helpful. Check it out in your state. It could be more income. And there are ways to “help” your client beyond “just typing”. You can ask questions that will help “guide” the client.
So its not like the client has to know more than you. Its all about the questions.
So rocket lawyer and zoom do have attorneys on staff. BUT!!!
The questionnaire you have to fill out as a customer asks everything that legal zoom or others need.
There is a reason why attorneys hate rocket lawyer.