Limited License Legal Technician Program Paula Littlewood, Washington State Bar Association Executive Director Steve Crossland, Washington Supreme Court LLLT Board Chair Ellen Reed, Washington State Bar Association LLLT Program Lead
Serve & Protect the Public: A 2 Track Approach Access to Justice Consumer Protection
General Rule (GR) 24 (2001) Provide ethical competent legal services to public Defined the practice of law in Protect the public from the an effort to: unauthorized practice of law Not unreasonably restrain trade
GR 25 (2001) Investigate allegations of the unauthorized practice of law Established the Practice of Law Issue advisory opinions about authority of Board (POLB) and its powers, nonlawyers to perform legal services including to: Make recommendations to the Supreme Court regarding authorizing non-lawyers to “engage in certain defined activities that would otherwise constitute the practice of law as defined in GR 24.” GR 25(c)(4).
2003 Civil Study into civil legal needs Legal Needs of low-income populations Study Task Force on Civil Equal Justice Funding Revealed glaring unmet need for legal services in the low-income population (defined as families with incomes below 125% of the Federal Poverty Level) Legal practice areas of greatest need for low- and moderate-income individuals and families: housing, family, and consumer law
Legal Technician Rule History With Supreme Court directive, drafted proposed LLLT rule despite much opposition Convened subcommittees to consider four practices areas: family, elder, immigration, and landlord tenant law Recommended family law as first practice area in 2008 and initial draft submitted to Court Feb. 2012, amendments to rule submitted to Court to provide for efficient administration of program
Supreme Court Order June 15, 2012: Supreme Court issues order adopting LLLT Rule, stating “[w]e have a duty to ensure the public can access affordable legal and law related services, and that they are not left to fall prey to the perils of the unregulated market place.” Order at 5 -6.
13 members, including lawyers, 4 public members, and a legal LLLT Board educator Supreme Court board Must create and draft operational authorized to details for the program administer the program First big decisions: practice area and education requirements
Initial Practice Area Family law chosen as first practice area Approved by Supreme Court in March 2013
LLLT Board Subcommittees Scope of Practice & Forms Continuing Admissions & Legal Licensing Education LLLT Board RPC & Examination Discipline
Defining the Family Law Scope of Practice* • Child support modification actions • Dissolution and legal separation actions Family law • Domestic violence actions shall include • Committed intimate relationship (subject to actions limitations): • Parenting and support actions • Parenting plan modifications • Paternity actions • Relocation actions * See Appendix APR 28. Regulation 2: Practice Areas — Scope of Practice
Legal Technicians may: Inform clients of procedures and course of legal proceedings Provide approved and lawyer prepared self-help materials Review documents and exhibits from opposing party and explain them Select, complete, file, and serve approved and lawyer prepared forms and advise of their relevance Advise clients of necessary documents and explain their relevance Assist client in obtaining necessary documents
Legal technicians may not (unless permitted by GR 24): Represent a client Communicate with in court, another person the administrative, or Negotiate the client’s position or formal dispute client’s legal rights convey to the resolution client the position proceedings of another party
LLLT Duty When Beyond the Scope of Practice APR 28F • Shall not provide services if outside scope of defined practice area • Shall inform client to seek the services of an attorney when matter is outside scope
After Client LLLT may prepare doc related to issue only if: Consults a Lawyer on Issue Lawyer provides appropriate documents and written instructions re whether and how to proceed LLLT follows the instructions and incorporates the terms of the docs into the final orders No other prohibitions apply
Legal Technicians shall: Be at least 18 years of age Have an associate level degree Meet education, examination, and experience requirements Show proof of financial responsibility Show proof of continuing legal education courses Abide by a code of ethical conduct (LLLT RPC) Be subject to discipline
Admission Requirements S TEP 1: C OMPLETE E DUCATION S TEP 2: P ASS E XAMINATIONS • Minimum associate level degree • Core education exam: NFPA Paralegal Core Competency exam • Core Education : 45 credit hours at an ABA- or LLLT-Board • Professional responsibility approved program exam: multiple choice exam on general scope and ethics • Practice Area Education • Practice area exam: includes multiple choice, essay, and practice exercise sections S TEP 3: E STABLISH E XPERIENCE • 3,000 hours of substantive law-related experience • Supervised by a licensed lawyer • Within 3 years before or after passing examination
Core Education, 45 Credit Hours Intro to Law and Legal Process, 3 credits Civil Procedure, 8 credits Legal Research, Writing, and Analysis, 8 credits Contracts, 3 credits Professional Responsibility/Ethics, 3 credits Law Office Procedures and Technology, 3 credits Interviewing and Investigation Techniques, 3 credits ELECTIVES: Applicant may take remaining credits as legal studies elective courses
Practice Area Education Must be developed by or in Must be taken in each Should include WA law conjunction with an ABA practice area specific topics approved law school Family Law Courses Developed & taught by 5 credits of basic family law Offered by live webcast at instructors at all 3 WA law & 10 credits of advanced and UW beginning Winter schools WA law specific topics Quarter 2014
Map of Community Colleges and Law Schools* Washington community college ABA approved paralegal program offering LLLT education Paralegal program seeking ABA approval Washington law school contributing to LLLT education * Map adapted from SBCTC website. See map for schools that correspond with numbers above: http://www.sbctc.edu/general/c_index.aspx .
Growth of the LLLT Program 100-200 • Completing Core Curriculum 30 • Preparing for Licensing Exam 5 • Passed Exam; Completing Experience 15 • Licensed LLLTs In Progress • Enrollment for 4 th Family Law Cohort
LLLT Examination Results Spring 2015 Fall 2015 9 Examinees Spring 2016 15 Examinees 7 passed 6 Examinees 10 passed 3 Passed
LLLT Employment Working in a Law Firm • 6 LLLTs work in law firms Owning a Law Firm • 7 LLLTs own independent law firms Mixed Models of Practice • 1 LLLT works for a legal service provider and as a courthouse facilitator as well as owning her own firm • 2 LLLTs are law firm employees as well as serving their own clients outside of the law firm.
LLLTs in the Marketplace • LLLTs report using and creating forms- Technology driven technology to maximize efficiency in service delivery. • LLLTs report referring to and receiving referrals from local attorneys and legal Networking aid services. • A group of LLLTs created a brochure to explain their role and scope to attorneys. Service • One LLLT provides on-the-go service; she Delivery meets clients at their homes, where they complete forms together. She then takes Innovation the paperwork to court for filing.
Approved Business Models Joint LLLT/Lawyer Business Model • NEW RPC 5.9 • Required a lawyer rule change Restrictions: LLLTs may not • Direct a lawyer’s professional judgment • Have direct supervisory authority over a lawyer • Possess a majority interest or exercise controlling managerial authority
Next Practice Area Board began discussion with Court in September 2015 regarding new practice area Plan to begin offering next Practice Area Education in Fall 2017
Recommend
More recommend
