What is the Difference Between an Attorney and a Paralegal/Certified Legal Document Preparer?

Karla Wyrostek • May 5, 2021

The Difference

What is the difference between an attorney and a paralegal/Certified Legal Document Preparer? The short answer is a paralegal/Certified Legal Document Preparer (CLDP) cannot give legal advice and/or appear in court in Arizona. In some states, paralegals/CLDP are appearing in courts on a limited basis. We are hopeful that Arizona will follow.

Nevertheless, there appears to be some confusion regarding the difference between a paralegal and CLDP. Many people use them interchangeably, such as an attorney and a lawyer. A paralegal usually works for an attorney and does not have to be certified but can be. In Arizona, legal document preparers have to be certified by the Arizona Supreme Court who state: “…Prepare or provide legal documents,

without

the supervision of an attorney, for an entity or a member of the general public in

any

legal matter when that entity or person is not represented by an attorney.” [Emphas added.] ACJA § 7-208(F)(1)(a). The Arizona Supreme Court determined the name “Certified Legal Document Preparer.”

Most people wish to hire a CLDP who has many years of experience and also has been a Certified Paralegal, with the most credentials. A Certified Paralegal will have had to pass a two-day test. If the Certified Paralegal has any advanced certifications (such as Civil Litigation, Real Estate, and/or Criminal Law), then that Certified Paralegal would be named an Advanced Certified Paralegal (AVP) and have taken another 4 hour test. A CLDP will have had to pass a 2-4 hour test and can work for the general public. A Certified Paralegal cannot work for the general public unless they are also a CLDP or work under the supervision of an attorney.

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