Certified Legal Document Preparers: What You Need to Know
When you visit the National Association of Legal Assistants’ website, you will see a brief description of the role of document preparers: "Legal document preparers are professionals who help clients [effectively] manage their legal tasks without having to go through lawyers." To find and verify the author of that quote, click on the link to the "Find a NALA Professional." You can find a Legal Assistant or Paralegal as well. Back to the list you will see a selection of legal professionals: Legal Assistant, Paralegal, Legal Secretary, Legal Nurse Consultant, Legal Administrator and Legal Manager. Check all that apply, you need only one to do a zip code search. You will be surprised at the results you receive.
Paralegals can be confused with legal document preparers. When consulting a lawyer for advice on how to do something, some clients are surprised to be referred back to a legal document preparer. And when clients are looking for a preparer they will sometimes slip up and refer to them as a paralegal.
From the same drop down list you can check to find either a Certified Legal Assistant (CLA) or Certified Legal Secretaries (CLAs) Since the mid-1970s, in 1994, the certification program began awarding CLA qualifications to legal assistants in the business and corporate law industry. To date , there are complete manuals available and testing for six different areas of law. Those manuals are sold by NALA’s newly named "Continuing Education Foundation"
Legal Assistants and Paralegals can work under the supervision of a lawyer, or a notary public. The difference between a Legal Assistant and a Paralegal is this: a paralegal might have a formal degree while a Legal Assistant may have training on the job. A Paralegal, for example, may have a bachelor’s degree in paralegal studies. Paralegals need professional liability insurance, C.P.A. certification and a license to work as a Wills & Estates Paralegal.
A legal document preparer, sometimes referred to as a "filing assistant," is usually n office assistant who has been trained to fill out legal forms and file court documents. They do not hold a law degree and do not require professional liability insurance. They do not give any legal advice and they can’t sign legal documents for you as a Notary Public would do. In some States, a Legal Assistant may also be a legal document preparer at the same time. In these instances they have chosen to work as a legal assistant, but without the legal papers. Those individuals do the same work however they focus on how pleadings are prepared and filed rather than what that means legally. So, the best kind of Legal Assistant would still be a legal document preparer, because they know how the paper process works legally, and accurate filing is important in all cases.
Why Certification Matters to Document Preparers
The legal document preparation landscape is filled with practitioners, from paralegals to certified legal document preparers. While the former are usually employed at firms to assist attorneys with various tasks, the latter are often independent contractors who handle many of the administrative tasks traditionally associated with paralegals. However, there is a critical difference between these two types of document preparers: certification.
Certified legal document preparers, unlike paralegals, are permitted to prepare legal documents without supervision. This is because they are fully aware of all legal requirements and have all of the necessary training and knowledge to assist a client in creating documents for their specific matter. This also means that certified legal document preparers are not permitted to practice law—otherwise, they would not be allowed to prepare legal documents. Practicing law without a license is a punishable offense, as the State Bar of California explains.
For example, someone looking to file a divorce might seek the assistance of a certified legal document preparer to have legal documents drawn up for their matter. They are able to communicate the particulars of their case with an individual who is knowledgeable about the divorce process. Then, once all of the forms are completed, the parties are able to go forth and file for divorce.
But why does certification matter? There are a few aspects of certification that help enhance the credibility of certified legal document preparers, including:
For these reasons, consumers are more likely to trust a certified legal document preparer. It helps them to better understand another person’s experience and level of expertise, and it allows them to rest easy knowing that their practitioner knows what they’re doing and can afford to offer a lower-rate solution compared to law firms.
In-Demand Courses for Legal Document Preparation
Legal document preparers can earn a professional designation by completing a certification course. Here are some of the most popular certification courses and what they entail.
Although the course content for legal document preparers varies, most programs typically cover basic knowledge of family law procedures and laws, bankruptcy process and procedures, immigration forms, drafting immigration motions, and the process for expunging criminal records.
Most programs for legal document preparation range from 20 to 40 hours in length and take two to four weeks to complete. In-person courses typically feature lectures, hands-on instruction from an instructor on how to operate a notary and laser printer, and the chance for hands-on experience filing paperwork with state courts. Online courses such as the course from Notary.net take 8-12 hours and can be completed any time of day or night.
Some Have Specializations
Although many courses include multiple topics, there are companies and institutions that provide courses that focus solely on one of these areas. For example, the NAWBO Institute has an immigration course that’s completely focused on the immigration process and procedures. The course is delivered in a self-paced format that allows students to learn at their own pace and can take anywhere from equivalent from six to eight hours.
Finding the Right Course for You
When considering the options for becoming a CDP, the first decision to make is whether to take an in-person course or an online course. A majority of the current and future CDPs surveyed indicated that taking an online course is their preferred method. The cost may be a factor in this as well, with approximately 40 percent of CDPs having completed their training for under $500, and another 40 percent completing their training for less than $1000. In-person courses can be cost-effective, however, if offered through a local or state bar association.
Accreditation is another factor to consider when choosing a course. For example, Independent Paralegal Association of America states that its CDP Program is the only one recognized by the California Office of Administrative Hearings, the Department of Consumer Affairs, and the California Secretary of State’s Office. Accreditation through a professional association may not make a difference in the quality of the course , but it can offer additional benefits, such as discounts on memberships to other professional associations.
In addition to accreditation, it is important that the course you choose covers the legal requirements in your state. If you live in a state where CDPs are highly regulated, such as California, make sure that the program you select is approved by that state’s regulatory agency. In addition, make sure that the course offers coverage on the topics you hope to work in, such as divorce, bankruptcy or civil litigation.
Another consideration is networking opportunities. Some courses include attendance at an in-person conference where you can meet local CDPs and other members of your network, while others might connect you with national CDPs. Choose the course that will benefit you the most both in terms of skill development and professional networking.
Professional Pathways for Certified Legal Document Preparers
Becoming a Certified Legal Document Preparer (CLDP) opens the door to a range of career opportunities in various settings. Here are some common paths:
Legal Aid Society
Legal aid societies have a dual purpose of providing free legal services to the impoverished and offering a research facility across the continuum of legal knowledge. The Legal Aid Society is a public-interest, private non-profit organization that educates low-income individuals in all areas of civil law. CLDPs in legal aid societies may be accused of practicing law without a license, but the law has not yet been tested.
Private Law Firms
A CLDP may be hired by a law firm in a similar manner to any other paralegal. They can be employed to do some simple legal typing or handle collections for a firm. A CLDP will earn less than a paralegal as they are unable to give legal advice.
Corporate Counsel
Same as with private law firms, a corporate counsel will hire a CLDP for typing and collections.
Independent LLC
Many CLDPs hang up their own shingles and start their own independent LLCs. This requires a CLDP to join a national association, bond themselves and obtain a business license. CLDPs will have to compete with other document preparers which can present a problem if the CLDP has few clients and lower experience.
Government Agencies
Any government office that offers legal documents will be staffed with CLDPs.
Online Document Preparer
Some CLDPs choose to work online to assist customers with their legal documents. They’ll work usually on a temporary contract basis. An advantage of this career is flexibility with hours and location.
Freelance CLDP
Some CLDPs choose freelance work. There’s no guarantee that CLDPs will find work, but since they are self-employed, it can be a good choice for those who are already working somewhere else, such as retired, stay-at-home moms, etc.
Earnings
The salary for a CLDP will vary by location, cost of living, duties and work experience. They may earn $20-$40 an hour. If the CLDP is self-employed, it will depend on how much work they have.
Success Stories: Hearing from Document Preparers
"I’d always had an interest in the law, but had no idea how to get started," says Maria L., a certified legal document preparer in Phoenix. "I’d stumbled across an ad for a training course and I thought, well, why not? I was shocked when, six weeks later, I was running my own document preparation business. That was 15 years ago, and I love what I do!"
Jared M., a young single father, took an advanced legal research course online that his friends say was instrumental in landing his first job. "I didn’t have much experience – not even in the legal field – but I’d talked to a few lawyers who were hiring and they suggested getting the certification. I studied day and night and passed the test, and one of those lawyers hired me as his assistant. Now I’m a certified paralegal , and loving my work."
Erin T. took her CSP course while working full-time as a paralegal. "The added credential not only allowed me talk about my chosen career path while looking for work in a new state, but it also earned me a real bonus in my normal job."
Samantha R. was already working for a legal firm in Pittsburgh when she took the course to obtain her certification. "My boss suggested I take the course, and although I really didn’t think much of it at the time, it ended up being one of the best bits of advice he ever gave me. Once again, my boss has a CSP on staff and I suspect I’ll be the one recommending it to others again someday. Who knew I’d like it so much?"
"My boss demanded that I get my certification when I was hired on two years ago," Juliana T. recalls. "I was quite surprised to find out that once I went through the course and got my certification, I enjoyed it – and my boss – so much that I stayed on."