GR 25 - Practice of Law Board

• Proposed Changes to GR 25 - Practice of Law Board (in Word Format)
• Comments Received for GR 25 - Practice of Law Board

GR 9 COVER SHEET

Suggested Amendment

General Rule 25

Submitted by the Practice of Law Board

A. Name of Proponent:

Practice of Law Board

Staff Liaison/Contact

Julie Shankland, Senior Assistant General Counsel

Washington State Bar Association

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539 (Phone: 206-727-8280)

B. Spokespersons:

Hon. Paul Bastine, ret. , Chair

Practice of Law Board

806 S. Raymond Rd.

Spokane Valley, WA 99206-3530 (Phone 509-844-2954)

C. Purpose:

General Rule (GR) 25 sets out the purposes, responsibilities and operating procedures for the Practice of Law Board. GR 25 was adopted effective September 1, 2001, to establish a Board to implement the Definition of the Practice of Law. In July 2015, the Court issued an order modifying the Practice of Law Board’s purposes, responsibilities and procedures. The proposed changes conform GR 25 to the Court’s July 2015 Order.

The Board also requests that the Court rescind the Practice of Law Board Regulations. The current Regulations were adopted prior to the Court’s 2015 Order. The content of the Regulations was included in the proposed GR 25. The Board will determine whether new Regulations are needed.

Board Size and Membership: The proposed changes increase the required number of Board members not currently authorized to practice law from four to five. The total number of Board members is unchanged at 13.

Board Responsibilities: The proposed rule changes conform the Board’s functions to those listed in the Court’s July 2015 Order. The Board has a new responsibility to educate the public about how to receive competent legal assistance.

The Board maintains its responsibility to consider and recommend to the Court new avenues for persons not currently authorized to practice law to provide legal and law-related services that might otherwise constitute the practice of law. The proposed rule codifies the current practice of forwarding any recommendations in this area to the WSBA Board of Governors for consideration and comment at least 90 days prior to transmission to the Court. This section of the proposed rule also requires the Board to consider the GR 12.1 Regulatory Objectives when developing these recommendations.

The Board’s role in unauthorized practice of law complaints is narrowed, consistent with the Court’s July 2015 Order. The proposed rule states that the Board may receive complaints alleging unauthorized practice of law, will review the complaints, and may refer complaints that allege harm to the public interest to appropriate enforcement agencies. The proposed rule, consistent with the Court’s July 2015 Order, eliminates the Board’s responsibility to investigate unauthorized practice of law complaints and make determinations whether specific conduct constitutes the unauthorized practice of law.

The proposed rule eliminates the Board’s role in issuing advisory opinions. Current GR 25 permits requests for advisory opinions “relating to the authority of a nonlawyer to perform legal and law-related services.” The rule also permits petitions for review of advisory opinions. Issuing opinions regarding who can and cannot perform legal and law-related services is a decision better suited for the Court instead of the Practice of Law Board. Opinions of the Practice of Law Board, the majority of whom are practicing attorneys, presents a heightened risk of anticompetitive activity. Thus, Board advisory opinions would need active court supervision, including some form of review and approval. The active supervision procedure would interfere with a later petition for review process. Although advisory opinions are not included in GR 25, the Board can receive questions from the Court at any time.

Board Records: The proposed rule clarifies that Board records, including unauthorized practice of law complaints are public and subject to GR 12.4.

Annual Report: To assist the Court in actively supervising the Board’s activities, the proposed rule requires the Board to submit an annual report to the Court.

Regulations: The proposed rule maintains the Board’s authority to adopt regulations subject to the Court’s approval. The proposed rule adds a provision requiring proposed board regulations to be provided to the WSBA Board of Governors for informational purposes.

D. Hearing:

A hearing is not recommended.

E. Expedited Consideration:

Expedited consideration is requested. The Practice of Law Board believes the Rule should be consistent with the Court Order as soon as possible.

Supporting Material:

The Board sent the proposed GR 25 changes to stakeholders, including the Access to Justice Board, LLLT Board, and WSBA Board of Governors. In response to comments received, the Board clarified the appointment process, eliminated the advisory opinion process and removed the word “nonlawyer.” Most comments received supported the conforming changes to the rule.

Attachments:

GR 25 Proposed Redline

GR 25 Proposed-Clean

July 2015 Court Order Reconstituting Practice of Law Board