The Role of the Document Preparer
By Arlene Rheinfelder, Prescott Tax & Paralegal
Certified Legal Document Preparer and Enrolled Agent
Recently I had a conversation with a local attorney who was surprised at the variety of work a certified legal document preparer can complete without attorney supervision. Most people refer to document preparers as paralegals. The certification for a document preparer is under the direction of the Arizona Supreme Court’s Board of Document Preparers. To become certified, a person must pass an examination and meet experience and/or education requirements. Document preparers also must complete 10 hours of continuing legal education annually.Certified legal document preparers or CLDPs are prohibited from providing legal advice. That is the role of an attorney. As one judge explained to me, legal advice is similar to a doctor’s advice. The doctor can tell you what you should do to treat a specific illness. Likewise an attorney can recommend what a person should do in a specific legal situation. If you want to be told what to do, you should contact an attorney, not a document preparer.
If you already know what you want to do and simply need help preparing the necessary paperwork, a CLDP may be a good choice. A CLDP can also explain procedure. For example, a person decides to obtain a divorce, but does not know how to prepare the paperwork, how to file it, or how to serve it. A CLDP can prepare the paperwork, file the paperwork with the court, have the documents served, and explain generally the process of obtaining a divorce.
Likewise a CLDP can prepare evictions, civil suits, probate, guardianships, limited liability company paperwork, real estate deeds, estate planning documents, and any legal document in any legal matter in which the CLDP is competent.
A CLDP can also provide general factual information pertaining to legal rights, procedures, or options available to a person. Many times people simply need information and education on procedures, including courtroom procedures, and court rules.
What types of things can’t a CLDP do? CLDPs cannot provide legal advice, opinions or recommendations. They cannot go to court and speak on your behalf, or assist a client in the courtroom. If you need these types of services, you are better served by an attorney.
Have a question? Prescott Tax & Paralegal is ready to help. Call us at 928-778-3313 or visit us online at http://www.PrescottTax.com.
This article is for informational purposes and not intended as legal advice. If you need legal advice, you should contact an attorney.
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