APR 5 - Recommendation for Admission; Order Admitting to Practice; Payment of Membership Fee; Oath of Attorney; Resident AgentComments for APR 5 must be received no later than April 30, 2017.
GR 9 Cover Sheet Suggested Amendments ADMISSION AND PRACTICE RULES (APR) Rule 5 Submitted by the Washington State Bar Association
Washington State Bar Association Robin L. Haynes, President B. Spokesperson: Paula C. Littlewood, Executive Director Jean K. McElroy, General Counsel/Chief Regulatory Counsel C. Purpose: The suggested amendments to APR 5 principally represent a reorganization of the information contained in the Admission and Practice Rules, rather than substantive changes to admission policies and practices. While its contents have been significantly restructured, the aim of the proposed amendments is to eliminate duplication of rules and unify administrative processes within the Washington State Bar Association for lawyers, LLLTs and LPOs. The following describes the proposed amendments and the purpose and intended effect. The current APR 5(a), “Recommendation for Admission”, has been moved to the suggested amendments to APR 5(h), with some changes. The suggested amendments to APR 5(a) Preadmission Requirements broadens the language so it can apply to lawyer, Limited License Legal Technician (LLLT), and Limited Practice Officer (LPO) licenses to practice law. In the suggested amended text, the commonalities among the preadmission requirements for the three types of licenses are clearly delineated in APR 5(a) 1-4. This information is currently found in APR 5(b), APR 12(c) and APR 28(D). There are several basic admission requirements that were built into the foundation of all three license types: paying a license fee, filing licensing forms, and taking an oath. The only preadmission requirement listed in section (a) that represents a substantive change is APR 5(a)(4), which requires all applicants who meet certain criteria to designate a resident agent per APR 13 in order to be licensed. This would create a small but substantive change to the address requirements for LLLTs and LPOs. Those changes are discussed in the GR 9 coversheets for suggested amendments to APR 12, 13, and 28. This section addresses additional requirements for applicants seeking admission and licensing as a lawyer, beyond the requirements for preadmission common to all license types. The requirements for lawyer admission have not changed, but in APR 5(b)(1) additional information regarding the Washington Law Component, including the minimum pass score, would be added. This information currently exists in the Admissions Policies of the Bar, adopted by the Board of Governors at the time of switching to the Uniform Bar Exam. In APR 5(b)(2), there is an amendment intended to clarify that the Bar, rather than the Board of Governors, approves the four hours of education required for admission. This is an administrative task better suited to the expertise of Bar staff than to the Board of Governors, and has traditionally been performed by the Bar. The subsequent deletions in APR 5(b) reflect a reorganization of information; the preadmission requirements formerly found in this section can now be found in APR 5(a). The suggested amendments would list the preadmission requirements for LLLT applicants. There would be no substantive changes to these requirements. These requirements are located in the current APR 28(E). The suggested amendments would list the preadmission requirements specific to LPOs. There would be no substantive changes to these requirements. This requirement is located in the current APR 12(c). APR 5(e) The suggested amendments to APR 5(e) would describe the expiration of preadmission requirements for all license types. This section would take information currently located in APR 5(b), which applied only to applicants for admission and licensing as a lawyer, and would add text defining the expiration of preadmission requirements for all license types. There have been no substantive changes to the requirements for lawyer applicants. The suggested amendments would make a substantive change to the amount of time LLLT applicants may take to complete preadmission requirements after the date they pass their licensing examination. Under current APR 28(E), LLLTs have three years (36 months) to complete preadmission requirements after passing their licensing examination; the suggested amendments to APR 5 would allow them 40 months. This relatively minor extension of the deadline to complete requirements is consistent with the lawyer deadline and would allow the Bar to unify administrative processes for the lawyer and LLLT licenses. The suggested amendments would make a change to the deadline for completion of preadmission requirements for the LPO license, reflecting an effort to reduce the number of different deadlines and coordinate administrative procedures among the LPO and lawyer admission by motion and UBE transfer applicants. Currently, APR 12 Regulation 8 requires that all LPO license requirements be completed within nine months of passage of the licensing examination; this suggested amendment would give them an additional three months. The suggested amendment to APR 5(e)(4) would contain information currently stated in the Admissions Policies adopted by the Board of Governors. The suggested amendments also would strike the current text of APR 5(b) regarding preadmission deadlines for admission by motion or UBE transfer. Currently, the oath in APR 5 only applies to prospective lawyers. Similar oath language for LPOs and LLLTs is currently contained in APR 12 and APR 28, respectively. The suggested amendments to APR 5(f) and 5(g) are meant to make the oath applicable to all license types. Accordingly, the suggested amendments would change the title of the oath from “oath of attorney” to “oath for the practice of law”, and would add a sentence to the current “oath of attorney” regarding complying with any restrictions on the applicant’s license to practice law. For LLLT applicants, the suggested amendments would add the language in the Oath, paragraph 6, to the language of the oath currently set forth in APR 28. For LPO applicants, the current oath for LPOs is in APR 12 Regulation 8(B), and focuses on potential liability as well as limitations on services. The oath in the suggested amendments to APR 5 includes an affirmation to disclose the limitations on services without specifically addressing liability. Because LPOs are required to submit documentation showing that they are covered by liability insurance or can personally cover claims before they can be licensed, having a term in the oath that would address liability issues seems unnecessary. The suggested amendments to APR 5 would move the “Recommendation for Admission” section from APR 5(a) to APR 5(h) a recommendation for admission will only occur after the applicants have completed the applicable pre-admission requirements stated elsewhere in the suggested amendments to APR 5. Throughout the text of the suggested amendments to the “Recommendation for Admission” section, the tasks formerly performed by the Board of Governors are now assigned to the Bar, a reflection of the administrative reality of these functions. Other suggested amendments include changing “shall recommend…the admission or rejection of each applicant who has been approved for admission by motion” to “shall recommend…. the admission or rejection of each applicant ……who qualifies for and has been approved for admission without passing an examination”. This amendment captures those who are admitted by motion, while also encompassing those who are admitted by transferring their UBE score from another jurisdiction. The suggested amendments would reflect the current practice of accepting electronically submitted applications and documentation, and would designate the Bar as the entity that transmits the recommendation to the Supreme Court. With these suggested amendment, the first sentence of the current APR 5(f), which states that there is no residency requirement to practice law in Washington, would make up the entirety of APR 5(j). Text currently included in APR 5(f) is contained in the suggested amendments to APR 13. The GR 9 coversheet for the suggested amendments to APR 13 contains a discussion of suggested changes to the requirements for nonresident lawyers, LLLTs, and LPOs. D. Supporting Material: http://www.courts.wa.gov/court_rules/pdf/2016APRCoverLetterToCourt.pdf |
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