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APR 28
Limited Practice Rule for Limited License Legal Technicians

A) Purpose. The Civil Legal Needs Study (2003), commissioned by the Supreme
Court, clearly established that the legal needs of the consuming public are not
currently being met. The public is entitled to be assured that legal services
are rendered only by qualified trained legal practitioners. Only the legal
profession is authorized to provide such services. The purpose of this rule is
to authorize certain persons to render limited legal assistance or advice in
approved practice areas of law. This rule shall prescribes the conditions of
and limitations upon the provision of such services in order to protect the
public and ensure that only trained and qualified legal practitioners may
provide the same. This rule is intended to permit trained Limited License
Legal Technicians to provide limited legal assistance under carefully regulated
circumstances in ways that expand the affordability of quality legal assistance
which protects the public interest.

B) Definitions. For purposes of this rule, the following definitions will apply:

1) "APR" means the Supreme Court's Admission to Practice Rules.

2) "Board" when used alone means the Limited License Legal Technician Board.

3) "Lawyer" means a person licensed and eligible to practice law in
any U.S. jurisdiction.

4) "Limited License Legal Technician" means a person qualified by
education, training and work experience who is authorized to engage in the
limited practice of law in approved practice areas of law as specified by
this rule and related regulations. The legal technician does not represent
the client in court proceedings or negotiations, but provides limited legal
assistance as set forth in this rule to a pro se client.

5) "Paralegal/legal assistant" means a person qualified by education,
training or work experience, who is employed or retained by a lawyer, law
office, corporation, governmental agency or other entity and who performs
specifically delegated substantive law-related work for which a lawyer is responsible.

6) "Reviewed and approved by a Washington lawyer" means that a Washington
lawyer has personally supervised the legal work and documented that
supervision by the Washington lawyer's signature and bar number.

7) "Substantive law-related work" means work that requires knowledge of
legal concepts and is customarily, but not necessarily, performed by a lawyer.

8) "Supervised" means a lawyer personally directs, approves and has
responsibility for work performed by the Limited License Legal Technician.

9) "Washington lawyer" means a person licensed and eligible to practice
law in Washington and who is an active or emeritus member of the Washington
State Bar Association.

10) Words of authority:

a) "May" means "has discretion to," "has a right to," or "is permitted to".

b) "Must" or "shall" mean "is required to.

c) "Should" means recommended but not required.

C) Limited License Legal Technician Board.

1) Establishment. There is hereby established a Limited License Legal
Technician Board. The Board shall consist of 13 members appointed by
the Supreme Court of the State of Washington, nine of whom shall be
active Washington lawyers, and four of whom shall be non-lawyer
Washington residents. At least one member shall be a legal educator.
The members shall initially be appointed to staggered terms of one to
three years. Thereafter, appointments shall be for three year terms.
No member may serve more than two consecutive full three year terms.

2) Board Responsibilities. The Board shall be responsible for the following:

(a) Recommending practice areas of law for LLLTs, subject to approval by
the Supreme Court;

(b) Processing applications and fees, and screening applicants;

(c) Administering the examinations required under this rule which shall,
at a minimum, cover the rules of professional conduct applicable to
Limited License Legal Technicians, rules relating to the attorney-
client privilege, procedural rules and substantive law issues related
to one or more approved practice areas;

(d) Determining LLLT Continuing Legal Education (LLLT CLE) requirements
and approval of LLLT CLE programs;

(e) Approving education and experience requirements for licensure in
approved practice areas;

(f) Establishing and over-seeing committees and tenure of members;

(g) Establishing and collecting examination fees, LLLT CLE fees, annual license
fees, and other fees in such amounts approved by the Supreme Court as are
necessary to carry out the duties and responsibilities of the Board; and

(h) Such other activities and functions as are expressly provided for in this rule.

3) Rules and Regulations. The Board shall propose rules and regulations
for adoption by the Supreme Court that:

(a) Establish procedures for grievances and disciplinary proceedings;

(b) Establish trust account requirements and procedures;

(d) Implement the other provisions of this rule.

D) Requirements for Applicants. An applicant for licensure as a Limited
License Legal Technician shall:

1) Age. Be at least 18 years of age.

2) Moral Character and Fitness to Practice. Be of good moral character
and demonstrate fitness to practice as a Limited License Legal Technician.

3) Education and Experience. Have the following education and experience:

a) (i) An associate degree or equivalent program, or a bachelor
degree, in paralegal/legal assistant studies approved by the
American Bar Association or the Board, together with a minimum of
two years experience as a paralegal/legal assistant doing
substantive law-related work under the supervision of a lawyer,
provided that at least one year is under a Washington lawyer; or

(ii) A post-baccalaureate certificate program in paralegal/legal
assistant studies approved by the Board, together with a minimum of
three years experience as a paralegal/legal assistant doing
substantive law-related work under the supervision of a lawyer,
provided that at least one year is under a Washington lawyer; and

b) Complete at least 20 hours of pro bono legal service in Washington
as approved by the Board, within two years prior to taking the
Limited License Legal Technician examination.

In all cases, the paralegal/legal assistant experience must be
acquired after completing the education requirement, unless waived by
the Board for good cause shown.

4) Application. Execute under oath and file with the Board two copies of
his/her application, in such form as the Board requires. An applicant's
failure to furnish information requested by the Board or pertinent to the
pending application may be grounds for denial of the application.

5) Examination Fee. Pay, upon the filing of the application, the examination
fee and any other required application fees as established by the Board
and approved by the Supreme Court.

E) Licensing Requirements. In order to be licensed as a Limited License Legal
Technician, all applicants must:

1) Examination. Take and pass the examinations required under these rules;

2) Annual License Fee. Pay the annual license fee;

3) Financial Responsibility. Show proof of ability to respond in damages
resulting from his or her acts or omissions in the performance of services
permitted by this rules. The proof of financial responsibility shall be
in such form and in such amount as the Board may by regulation prescribe; and

4) Meet all other licensing requirements set forth in the rules and
regulations proposed by the Board and adopted by the Supreme Court.

F) Scope of Practice Authorized by Limited Practice Rule. The Limited License
Legal Technician shall ascertain whether the issue is within the defined
practice area for which the LLLT is licensed. It if is not, the LLLT shall
not provide the services required on this issue and shall inform the client
that the client should seek the services of a lawyer. If the issue is
within the defined practice area, the LLLT may undertake the following:

1) Obtain relevant facts, and explain the relevancy of such information to the client;

2) Inform the client of applicable procedures, including deadlines,
documents which must be filed, and the anticipated course of the legal proceeding;

3) Inform the client of applicable procedures for proper service of process
and filing of legal documents;

4) Provide the client with self-help materials prepared by a Washington
lawyer or approved by the Board, which contain information about
relevant legal requirements, case law basis for the client's claim, and
venue and jurisdiction requirements;

5) Review documents or exhibits that the client has received from the
opposing side, and explain them to the client;

6) Select and complete forms that have been approved by the State of
Washington, either through a governmental agency or by the
Administrative Office of the Courts or the content of which is specified
by statute; federal forms; forms prepared by a Washington lawyer; or
forms approved by the Board; and advise the client of the significance
of the selected forms to the client's case;

7) Perform legal research and draft legal letters and pleadings documents
beyond what is permitted in the previous paragraph, if the work is
reviewed and approved by a Washington lawyer;

8) Advise a client as to other documents that may be necessary to the client's case
(such as exhibits, witness declarations, or party declarations),
and explain how such additional documents or pleadings may affect the client's case;

9) Assist the client in obtaining necessary documents, such as birth,
death, or marriage certificates.

G) Conditions Under Which A Limited License Legal Technician May Provide Services.

1) A Limited License Legal Technician must have a principal place of
business having a physical street address for the acceptance of service
of process in the State of Washington;

2) A Limited License Legal Technician must personally perform the
authorized services for the client and may not delegate these to a non-
licensed person. Nothing in this prohibition shall prevent a person who
is not a licensed LLLT from performing translation services;

3) Prior to the performance of the services for a fee, the Limited License
Legal Technician shall enter into a written contract with the client,
signed by both the client and the Limited License Legal Technician that
includes the following provisions:

(a) An explanation of the services to be performed, including a
conspicuous statement that the Limited License Legal Technician
may not appear or represent the client in court, formal
administrative adjudicative proceedings, or other formal dispute
resolution process or negotiate the client's legal rights or
responsibilities, unless permitted under GR 24(b);

(b) Identification of all fees and costs to be charged to the
client for the services to be performed;

(c) A statement that upon the client's request, the LLLT shall
provide to the client any documents submitted by the client to
the Limited License Legal Technician;

(d) A statement that the Limited License Legal Technician is not a
lawyer and may only perform limited legal services. This
statement shall be on the face first page of the contract in
minimum twelve-point bold type print;

(e) A statement describing the Limited License Legal Technician's
duty to protect the confidentiality of information provided by
the client and the Limited License Legal Technician's work
product associated with the services sought or provided by the
Limited License Legal Technician;

(f) A statement that the client has the right to rescind the
contract at any time and receive a full refund of unearned fees.
This statement shall be conspicuously set forth in the contract; and

(g) Any other conditions required by the rules and regulations of the Board.

4) A Limited License Legal Technician may not provide services that exceed
the scope of practice authorized by this rule, and shall inform the client, in
such instance, that the client requires should seek the services of a lawyer.

5) A document prepared by an LLLT shall include the LLLT's name, signature
and license number beneath the signature of the client.

H) Prohibited Acts. In the course of dealing with clients or prospective
clients, a Limited License Legal Technician shall not:

1) Make any statement that the Limited License Legal Technician can or will
obtain special favors from or has special influence with any court or
governmental agency;

2) Retain any fees or costs for services not performed;

3) Refuse to return documents supplied by, prepared by, or paid for by the
client, upon the request of the client. These documents must be returned
upon request even if there is a fee dispute between the Limited License
Legal Technician and the client; or

4) Represent or advertise, in connection with the provision of services,
other legal titles or credentials that could cause a client to believe
that the Limited License Legal Technician possesses professional legal skills
beyond those authorized by the license held by the Limited License Legal Technician;

5) Represent a client in court proceedings, formal administrative adjudicative
proceedings, or other formal dispute resolution process, unless permitted by GR 24;

6) Negotiate the client's legal rights or responsibilities, or communicate
with another person the client's position or convey to the client the
position of another party; unless permitted by GR 24(b).

7) Provide services to a client in connection with a legal matter in another state,
unless permitted by the laws of that state to perform such services for the client.

8) Represent or otherwise provide legal or law related services to a
client, except as permitted by law, this rule or associated rules and regulations;

9) Otherwise violate the Limited License Legal Technicians' Rules of Professional Conduct.

I) Continuing Licensing Requirements.

1) Continuing Education Requirements. Each Limited License Legal Technician
annually must complete the Board-approved number of credit hours in
courses or activities approved by the Board; provided that the Limited
License Legal Technician shall not be required to comply with this
subsection during the calendar year in which he or she is initially licensed.

2) Financial Responsibility. Each Limited License Legal Technician shall
annually provide proof of financial responsibility in such form and in
such amount as the Board may by regulation prescribe.

3) Annual Fee. Each Limited License Legal Technician shall pay the annual
license fee established by the Board and approved by the Supreme Court.

J) Existing Law Unchanged. This rule shall in no way modify existing law
prohibiting non-lawyers from practicing law or giving legal advice other than
as authorized under this rule or associated rules and regulations.

K) Professional Responsibility and Limited License Legal Technician-Client Relationship.

1) Limited License Legal Technicians acting within the scope of authority
set forth in this rule shall be held to the standard of care of a Washington lawyer.

2) Limited License Legal Technicians shall be held to the ethical standards
of the Limited License Legal Technicians' Rules of Professional Conduct,
which shall create an LLLT IOLTA program for the proper handling of funds
coming into the possession of the Limited License Legal Technician.

3) The Washington law of attorney-client privilege and law of a lawyer's
fiduciary responsibility to the client shall apply to the Limited License
Legal Technician-client relationship to the same extent as it would apply
to an attorney-client relationship.

Adopted effective September 1, 2012

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