Arizona LDPs - Who and What Are They? Why Are They Here?

By Dawn E. Fountain, Certified LDP, PLS

As NALS members we are used to seeing PLS, PP, CLA, CP, and Esq.  When it comes to LDP (Legal Document Preparer), we really have no idea what one is and what a person would have to do to become one.  Here is a brief overview.

The Arizona Code of Judicial Administration § 7-201(A) (ACJA § 7-201(A)) defines an LDP as an individual or business entity certified … to prepare or provide legal documents, without the supervision of an attorney, for an entity or a member of the public who is engaging in self representation in any legal matter. An individual or business entity whose assistance consists merely of secretarial or receptionist services is not a legal document preparer.

To become an LDP, you pay $50 and study a study guide, found on the Arizona Supreme Court’s website for LDPs.  The examination consists of 100 multiple-choice questions, covering the areas of legal terminology, client communication, administrative responsibilities, data gathering, document prep, ethics, and professional responsibilities.  Within a few weeks, you find out if you passed.  If you do pass, you will be given a 15-page questionnaire, will be required to pay two years’ certification dues (about $650.00), submit a picture of yourself, have documents completed and notarized, and get fingerprinted for an FBI/local police background check.  The Supreme Court will also check all public records.  If they find anything that you did not disclose, you will receive either an email or a letter and given the chance to respond.  

The Supreme Court Certification and Licensing Board of Directors makes all decisions regarding certification and discipline of legal document preparers and makes recommendations to the Supreme Court to enforce the requirements regarding certificate holders.  They review your documents and responses and determine if you are appropriate for this certification.  Once you are approved, you will receive a letter, a certificate for framing, a pocket-sized certificate and your six digit certificate number.  This number must appear on each document you prepare, along with your name, your title (Arizona Certified Legal Document Preparer or the abbreviation AZCLDP), and your certificate number.  At this point, and not until, you can prepare legal documents for a pro per person, as long as you are familiar with that area of law.  Note, however, that you cannot represent them in court, and you must advise them that you are not an attorney and, therefore, cannot give legal advice.

There are also CLE requirements, as well as a discipline process if you violate the rules.  To learn more about Arizona LDPs and LDP/LDA in other states, please join me on May 27, 2009 on the NALS OLC.