Who are legal document preparers?
Legal document preparers, known in different settings
as legal technicians, online legal document providers
and independent paralegals, are not lawyers and do not
offer legal advice. They are professionals, qualified
through education, training or work experience, who
provide the public with a simple and affordable option
in handling their legal affairs. Legal document preparers
help consumers represent themselves in undisputed legal
matters by preparing the necessary legal documents to
court standards, bypassing the often unnecessary hiring
of an attorney and avoiding accompanying high-cost attorney
fees. According to USA TODAY, Americans could save $3.3 billion a year by using independent paralegals instead of lawyers to handle routine legal matters.
What is a legal document?
A legal document is any official document that provides legal information, states a contractual relationship, or grants some right. Most legal matters require that official forms-which are often complex-are filled out and filed with the courts. Incorrectly filled out legal forms will delay your case, often for long periods of time.
What does a legal document preparer do?
A legal document preparer is an experienced professional
who is authorized to prepare legal documents for a client,
but only at the direction of the client. Because legal
document preparers do not practice law, they cannot
make suggestions as to what a client should do in a
particular matter, but they provide invaluable assistance
with routine legal tasks that can be confusing and overwhelming
to untrained citizens. They can provide legal information
to a client, not legal advice.
A customer who has decided on a legal course of action
uses an attorney-approved instruction list to provide
all of the necessary information to pursue their matter,
which the legal document preparer subsequently uses
to complete, verify and often submit the corresponding
legal documents. An experienced legal document preparer
can help you avoid incorrectly filled out forms.
With the knowledge and experience to make sure every
important detail is accounted for, legal document preparers
are a smart choice for your legal endeavors.
Legal Information vs. Legal Advice
Legal document preparation is the distribution of legal
information to the public. The distribution of legal
information is a different from the distribution of
legal services and is the legal basis for the industry.
Understanding the difference between “legal information”
and “legal advice” is crucial for understanding
how non-lawyers can provide legal information services
without violating state unauthorized practice of law
statutes.
Legal information is general in nature and not tailored
to the unique facts of a customer’s situation.
Legal information is neutral and does not recommend
a strategic course based on the judgment of the individual
offering the information. Thus, the person offering
the information might tell a customer of options that
are available in response to the legal problem, but
would not suggest what option to take. Similarly, legal
information might inform an individual of forms that
are appropriate to use and the general information about
what to include in a statement of facts or a request
for relief. A legal information provider, or legal document
preparer, cannot suggest the specific facts to put on
the forms.
Legal advice in contrast is specific to the unique
circumstances of the client. It is strategic in that
it offers an approach that is tailored to the fact situation
of the client and goes beyond mere general advice appropriate
for all persons who confront the same issue. The giving
of legal advice is legal representation and creates
an attorney-client relationship.
Is a legal document preparer the same as a paralegal?
Although definitions vary by state, paralegals generally
work under the direct supervision of lawyers, while
legal document preparers, legal technicians, online
legal document preparers and independent paralegals
do not. The latter groups are trained to assist in the
process of producing legal documents when a lawyer is
not necessary.
Can a legal document preparer help me?
If you do not know your legal rights in a situation,
you should see an attorney; but not all legal matters
require an attorney. If you have already decided on
a course of action and the matter is undisputed, a legal
document preparer is an efficient and affordable alternative
to hiring a lawyer. Or, if you have purchased a self-help
legal book, a legal document preparer may be especially
helpful in finishing, verifying and filing your paperwork.
Most legal document professionals deal in a wide variety
of subjects, including:
Bankruptcy
Buy/Sell Agreement
Commercial/Residential Lease
Deed
Guardianship
Living Trust
Joint Trust
Mobile Home Transfer
Partnership Agreement
Pre-Nuptial Agreement
Promissory Note/Deed of Trust
Immigration Forms
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Response
Step-Parent Adoption
Will
Civil Law Suit/Answer
Conservatorship
Divorce
Homestead
Living Will
Name Change
Paternity
Probate
QDRO |
Restraining Order
Thirty-Day Notice
DBA
Emancipation of Minor
Incorporation
Nonprofit Corporation
LLC
OSC/Notice of Motion
Power of Attorney
Promissory Note
Small Claims
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Who uses legal document preparers?
There is no one type of person who uses legal document
preparers; for some it is avoiding the high-cost of
legal fees, for others it is avoiding the often unnecessary
hassle of hiring a lawyer, and for others it is for
an added peace of mind when filing their own court documents.
What they all have in common is the desire for an affordable,
efficient and effective solution for their self representation
needs.
Why use an NALDP legal document preparer?
NALDP members subscribe to the highest standards of
quality and integrity. Our members receive the latest
training; they are kept up to date on the most recent
developments affecting the legal documents they prepare;
and most importantly, they pledge to uphold the NALDP
Best Practices. By hiring an NALDP member legal document
preparer, you are assured of the best.
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