SummaryAB 74 puts in place a statutory framework for the registration and oversight of persons, including Notaries Public, who provide document preparation services for individuals who for cultural, financial and other reasons cannot or choose not to hire an attorney to help them with their legal needs.
AnalysisAssembly Bill 74 was introduced when the bill sponsor began to notice that a bulk of the calls coming into her office from constituents were complaints either about service received from attorneys or from legal document preparers. The document preparers were oftentimes Notaries or “Notarios Publico,” multi-servicios, and paralegals. These services advertise in all kinds of different ways and for all kinds of different services including divorces, immigration, bankruptcy, and others. They are registered agents who are creating limited-liability companies (LLCs) and doing business transactions. When transactions involving document preparation services went badly, the bill sponsor had nowhere to send constituents. She referred a case involving a gentleman to the Attorney General who used such services and paid over $60,000 to an organization that did absolutely nothing for him. However, it should be noted that businesses and individuals offering document preparation assistance services also fulfill a legitimate need, as many cannot afford to pay an attorney for legal services. AB 74 puts in place a statutory framework for the registration and oversight of such document preparation services. The states of California and Arizona have similar provisions.