GR 9 COVER SHEET   

Suggested Amendments ADMISSION AND PRACTICE RULES (APR)

Rule 3(c)

Submitted by the Washington State Bar Association

A.           Name of Proponent:

Washington State Bar Association University of Washington School of Law

B.        Spokesperson:

Sunitha Anjilvel, Acting WSBA President Terra Nevitt, Executive Director

Terry J. Price, Interim Associate Dean of Students, UW School of Law Carrie Sanford, Director of Academic Success, UW School of Law

WSBA Staff Contact:

Renata de Carvalho Garcia, Chief Regulatory Counsel Washington State Bar Association

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539

renatag@wsba.org • (206) 733-5912

C.           Purpose:

The primary purpose of the suggested amendments to APR 3(b) is to add a provision to subsection (4) that would allow an individual with an LL.M. degree in any subject (as opposed to the specific “LL.M. degree for the practice of law”) to supplement their LL.M. degree with additional instruction needed to meet the minimum instruction in principles of domestic United States Law. At its May 2, 2024, meeting, the WSBA Board of Governors voted unanimously to recommend these suggested amendments to the Washington Supreme Court. The University of Washington School of Law joins the WSBA as a co-proponent of these suggested amendments.

APR 3(b)(4) applies to persons who have acquired a law degree from a non-ABA approved law school, from either within the United States or another country. Such persons qualify to apply for the bar exam if they earn an “LL.M. degree for the practice of law.” In order to earn the “LL.M. degree for the practice of law” the student must complete minimum required instruction on principles of domestic United States law. The minimum instruction is set forth in APR 3(b)(4).

At issue here is the scenario where an individual earns an LL.M. degree without the minimum instruction on principles of domestic United States law and later, due to changes in the individual’s life circumstances, needs or wants to apply for admission in Washington. The suggested amendments seek to resolve this barrier to admission by permitting an individual who has a deficient LL.M. degree to supplement the LL.M. degree by completing additional instruction on principles of domestic United States law outside the LL.M. degree program. Both the LL.M. degree and the supplemental instruction must be completed at an ABA-approved law school but not need be the same law school.

In addition, the suggested amendments would add “as a lawyer or the equivalent” in APR 3(b)(4)(B). This phrase clarifies that the law degree earned in the foreign jurisdiction must qualify them to practice law as a lawyer, or the equivalent, rather than a law degree that would qualify them for a limited license to practice law in that jurisdiction. Finally, there is a technical correction to the numbering in the final part of APR 3(b)(4).

D.           Hearing: A hearing is not requested.

E.           Expedited Consideration: Expedited consideration is requested. The proponents seek expedited consideration because the purpose of these suggested amendments is to reduce an unreasonable barrier to the admission to the practice of law and the UW School of Law reports there are people currently in need of this relief.