Living Trusts & LDA vs. paralegals

[kpblount]

Jurisdiction

California

I am having a "paralegal" preparing a living trust for me. On the ALDAP website, it states (#5) to "avoid paralegals or document preparers who promise 'attorney supervision' or claim they have a lawyer on staff." The intimation is that 'paralegals' are less trustworthy than LDA's. Can you clarify this for me?

Thanks in advance, Karmen

 

[army judge]

I am having a "paralegal" preparing a living trust for me. On the ALDAP website, it states (#5) to "avoid paralegals or document preparers who promise 'attorney supervision' or claim they have a lawyer on staff." The intimation is that 'paralegals' are less trustworthy than LDA's. Can you clarify this for me?

Thanks in advance, Karmen

The only way to be assured your living trust is legal is to retain a LICENSED attorney in your state.

Any other person is best avoided.

 

[adjusterjack]

I am having a "paralegal" preparing a living trust for me. On the ALDAP website, it states (#5) to "avoid paralegals or document preparers who promise 'attorney supervision' or claim they have a lawyer on staff." The intimation is that 'paralegals' are less trustworthy than LDA's. Can you clarify this for me?

Sure. It's just a lot of hype to get the consumer to use their services instead of somebody else's.

The truth of the matter is that, no matter what euphemism they use, an LDA is a paralegal and a paralegal is an LDA.

As for the lawyer business, it should be easy enough to ask to meet the lawyer that supervises either of them.

 

[zddoodah]

I am having a "paralegal" preparing a living trust for me. On the ALDAP website, it states (#5) to "avoid paralegals or document preparers who promise 'attorney supervision' or claim they have a lawyer on staff." The intimation is that 'paralegals' are less trustworthy than LDA's. Can you clarify this for me?

"ALDAP" apparently stands for Alliance of Legal Document Assistant Professionals, which I assume is some sort of trade organization (like the ABA for lawyers). If this organization wrote something you don't understand and want further explanation, contact someone at the organization for further explanation. Here's what I can tell you:

No one other than a lawyer may legally give you legal advice. As explained on the web site of a California organization for "legal document preparation assistants":

"Legal Document Assistants were once commonly known as Independent Paralegals. However, as of January 1st, 2000, only those Paralegals working directly for attorneys may now be referred to as Paralegals. Those formerly known as Independent Paralegals are now officially known as Legal Document Assistants (LDAs). LDAs often have the same educational background as a paralegal and are REQUIRED by law to be registered and bonded in the county in which they have their principal place of business."

Why anyone would want to "avoid" someone who is working under the supervision of an attorney is beyond my ability to comprehend, and having anyone other than an attorney prepare a living trust is a horrible idea.