CAPA's longtime goal of obtaining a statutory definition of the paralegal/legal assistant titles came to fruition in 2000 with the passage of AB 1761, now codified as California Business and Professions Code sections 6450 et seq.

     B&P §6450 has been applied in California courts in three cases, Sanford v. GRMI, Inc. dba Red Lobster, 04-1535 (E.D. Cal. Nov. 11, 2005), White v. GMRI, Inc. dba Red Lobster, 04-0620 (E.D. Cal. Jan. 19, 2006) and Martinez v. G. Maroni Co., dba Church's Chicken #948, S06-1399 (E.D. Cal. May 1, 2007). In each of these cases, paralegal fees were denied or disallowed because the paralegals failed to meet the requirements of §6450.

     Persons considering enrolling in paralegal courses should confirm their potential school is compliant with code requirements. Paralegals from other states who are moving to California should review the code to make sure they will be compliant.

LINKS:

• CURRENT B&P Section 6450 et seq.
• AB1761 History
• "Frequently Asked Questions" from the legislative file for AB 1761, which further explain its legislative intent.
• Attorney Attestation - Word or pdf
• MCLE Compliance Log