Paralegals in California: Understanding Business & Professions Code §§ 6450-6456

What Every Paralegal and Employer Should Know and Why It Matters

If you’ve ever heard someone casually say, “Oh, I’m basically a paralegal,” while also admitting they learned law from working in a law office or from courtroom TV dramas, this post is for you. 😄

 California takes the role of paralegals very seriously, and that seriousness lives squarely in Business and Professions Code sections 6450 through 6456. 

These statutes define who may call themselves a paralegal, what education and experience are required, and, most importantly, how paralegals must work under attorney supervision. In short: this isn’t a “fake it till you make it” profession.

Let’s break it down.

Section 6450(a): Who Is a Paralegal in California?

California Business & Professions Code § 6450 provides the official definition of a paralegal (also referred to as a legal assistant, section 6454).

Under this section, a paralegal is a person who:

• Is qualified through education, training, or work experience,
• Is employed or retained by an attorney, law firm, corporation, governmental agency, or other entity, and
• Performs substantive legal work under the direction and supervision of an active member of the State Bar of California.

⚠️ Key takeaway: Paralegals do substantive legal work but not independently. The attorney remains responsible for the work product. 

Section 6450(c): Education & Qualification Requirements

Unlike some states, California doesn’t leave paralegal qualifications to chance. To legally use the title “paralegal,” one must meet specific education or experience criteria, such as:

• A certificate of completion from an American Bar Association approved paralegal program,
• A certificate of completion of a paralegal program, or degree from a postsecondary institution (other requirements spelled out in section 6450(c)(2)),
• A baccalaureate degree or advanced degree in any subject, a minimum of one year of law-related experience under the supervision of any attorney, and a written declaration from the attorney that the person is qualified to perform paralegal tasks (for a full explanation, see section 6450(c)(3)), or
• A high school diploma, a minimum of three years of law-related experience, and a written declaration from the attorney that the person is qualified to perform paralegal tasks (applies only to those individuals who qualified before December 31, 2003; for a full explanation, see section 6450(c)(4)). 

This section ensures that when someone calls themselves a paralegal in California, they actually know what they’re doing. No “I Googled it” or “I learned it on TikTok” credentials allowed.

Section 6450(d): Mandatory Continuing Education

Learning never stops. Paralegals must complete continuing legal education (CLE) every two years, including:

• At least 4 hours of legal ethics, and
• At least 4 hours of general or specialized law-related education.

This keeps paralegals current on laws, procedures, and ethical obligations.

Section 6450(b): What Paralegals May Not Do

This is Crucial!  Paralegals may not:

• Give legal advice
• Represent clients in court
• Select, explain, draft or recommend legal documents
• Set legal fees
• Engage in the unlawful practice of law
• Accept cases independently

In other words, paralegals are highly skilled professionals but not attorneys. Crossing that line can quickly become the unauthorized practice of law (UPL).

Section 6451: Supervision Is Not Optional

This section reinforces that attorney supervision is required at all times. The supervising attorney is responsible for the paralegal’s work product and must maintain a direct professional relationship with the client.

Translation: Paralegals are indispensable, but they are never operating in a vacuum.

Sections 6452, 6453, and 6455: Accountability & Enforcement

These sections address enforcement and consequences, including:

• Misuse of the title “paralegal”
• Violations of education or supervision requirements

California protects both the public and the profession by ensuring that the title “paralegal” carries real meaning and real responsibility.

Why This Matters (For Paralegals and Employers)

For paralegals, these statutes:

• Protect your professional credibility
• Validate your training and expertise
• Clearly define your role and boundaries

For attorneys and law firms:

• Reduces ethical risk
• Strengthens client trust
• Ensures your staff is properly trained and qualified

And for everyone involved, it reinforces that the legal profession runs best when everyone stays in their designated lane.

Certificated vs. Certified Paralegals: Yes, There’s a Difference

One of the most common points of confusion in the paralegal world is the difference between being certificated and certified. California law cares very much about accuracy here. 

A certificated paralegal is someone who has completed a paralegal education program and earned a certificate of completion from that institution. This satisfies one of the qualification pathways under Business and Professions Code § 6450. 

A certified paralegal, on the other hand, has passed a voluntary national certification exam offered by organizations such as NALA or NFPA. While national certification can be an excellent professional credential, it is not required by California law and does not replace the statutory education and supervision requirements of §§ 6450-6456. 

In short: certificated refers to educational completion, certified refers to a voluntary professional designation and neither allows a paralegal to practice independently or without attorney supervision.

Final Thoughts

California Business & Professions Code §§ 6450-6456 doesn’t just regulate paralegals. It elevates the profession. These laws recognize that paralegals are essential to the delivery of legal services, while also drawing clear, ethical boundaries that protect clients and attorneys alike.

The next time someone says, “Paralegals just do paperwork,” feel free to smile politely… and know that California law strongly disagrees.

 By Mary Lou Floyd, CCLS, Sr. Paralegal

Founder & Instructor

LST - Legal Staff Training