Proposed Rules Archives

• Proposed Changes to RPC 1.0B, 1.17, 4.3, 5.8 & 8.1 - Rules of Professional Conduct (RPC) (in Word Format)
• Comments Received for RPC 1.0B, 1.17, 4.3, 5.8 & 8.1 - Rules of Professional Conduct (RPC)

GR 9 COVER SHEET

Regarding Amendments to

ADMISSION AND PRACTICE RULES (APR) 28, APR 28 APPENDIX REGULATIONS OF THE APR 28 LIMITED LICENSE LEGAL TECHNICIAN BOARD, RULES OF PROFESSIONAL CONDUCT (RPC), AND

LIMITED LICENSE LEGAL TECHNICIAN RULES OF PROFESSIONAL CONDUCT (LLLT RPC)

Purpose: The court originally ordered amendments to these rules, with original GR 9 cover sheets, published for comment at the June 2018 en banc administrative conference. Original proposed amendments were published in 190 Wn.2d Proposed 21-57. Following notice and comment, a majority of the Court adopted those proposed amendments in Supreme Court Order No. 25700-A-1246. On November 21, 2018, a majority of the court voted to rescind Supreme Court Order No. 25700-A-1246 due to errors in the version that was published and determined that the corrected suggested amendments would be published for comment with a description of the substantive corrections only. The proposed amendments have been reformatted to include necessary corrections. This Cover Sheet is prepared by the court and contains a description of the substantive differences between the proposed amendments published at 190 Wn.2d Proposed 21-57, and the proposed amendments published today.

APR 28(B)(4)

The omitted last sentence “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” is included and stricken through.

APR 28(F)

Corrected strike through and underlines to reflect correct proposed additions and deletions according to existing language.

APR 28(F)(5)

Corrected the word “side” to “party”.

APR 28(G)(2)

The unchanged language of subsection (2) is included because subsection (2)(a) is modified.

APPENDIX APR 28(G)(3)

Omitted subsection (G)(3) is included but unchanged.

APPENDIX APR 28 REGULATION 2(B)(1)(c)

The addition of “parentage or paternity” is underlined.

APPENDIX APR 28 REGULATION 2(B)(2)(d)

Qualified Domestic Relations Order replaces “QDRO” the first time the acronym is used.

APPENDIX APR 28 REGULATION 2(B)(3)

Corrected the errant strike through to APR(H)IT.

APPENDIX APR 28 REGULATION 2(B)(3)(b)(viii)

Changed the replacement of domestic with committed.

RPC 1.0B Washington Comments

Removed underline and incorporated existing language “(1-3)”.

RPC 1.17 Comment

Removed underline from the title “Comment”.

RPC 1.17 Comment 19

Removed underline from the word “sale” as it is existing language.

RPC 4.3 Comment

Removed underline from the title “Comment”. Changed references to the section to reflect “Comment” and “Additional Washington Comment” sections.

RPC 5.8 Comment

Replaced underlined “Washington Comment” with “Comment” as existing language.

RPC 8.1 Comment

Removed underline from the title “Comment”.

LLLT RPC PREAMBLE

Added back the words “AND SCOPE” as existing language.

LLLT RPC 1.16 Comment 1

Corrected strike through and underlines to reflect correct proposed additions and deletions according to existing language.

LLLT RPC 1.17

The unchanged language prior to subsection (a) is included.

GR 9 COVER SHEET

Suggested Amendments to

RULES OF PROFESSIONAL CONDUCT (RPC)

Submitted by the Limited License Legal Technician Board

A. Name of Proponent:

Limited License Legal Technician (LLLT) Board

Staff Liaison/Contact:

Jean McElroy, Chief Regulatory Counsel

Washington State Bar Association (WSBA)

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539 (Phone: 206-727-8277)

B. Spokesperson:

Stephen R. Crossland

Chair of LLLT Board

P.O. Box 566

Cashmere, WA 98815 (Phone: 509-782-4418)

C. Purpose:

These suggested amendments are presented in conjunction with suggested amendments to Admission and Practice Rule (APR) 28 and related regulations and the Limited License Legal Technician (LLLT) Rules of Professional Conduct (LLLT RPC). The suggested amendments to APR 28 enhance the scope of the LLLT Family Law practice area. The LLLT Board began discussing possible enhancements to the domestic relations practice area in late 2014 in response to questions and concerns from law school professors who were teaching the LLLT practice area classes. Students in the LLLT classes, practicing LLLTs, and lawyers who work with LLLTs also raised several issues and offered ideas for ways in which the domestic relations scope could be improved to allow LLLTs to provide a more cohesive set of services to their clients. The suggested amendments to the LLLT RPC make necessary changes to align with the suggested amendments to APR 28. Therefore, the primary purpose of these suggested amendments to the Rules of Professional Conduct (Lawyer RPC) is to align the Lawyer RPC with the suggested amendments to APR 28 and the corresponding suggested amendments to the LLLT RPC to ensure consistency and accuracy across all three sets of rules.

As with the suggested amendments to the LLLT RPC, the LLLT Board requested that Washington State Bar Association (WSBA) staff draft and recommend necessary amendments to the Lawyer RPC in order to align the Lawyer RPC with the suggested amendments to the LLLT RPC. In addition, WSBA staff presented the suggested amendments to the WSBA’s Committee on Professional Ethics (CPE) in December 2017. The CPE approved of the suggested amendments and the LLLT Board subsequently approved these suggested amendments at its January 2018 meeting. The LLLT Board also presented these changes to the Board of Governors in January 2018. The following describes the LLLT Board’s suggested amendments to the Lawyer RPC.

Lawyer RPC 1.0B

In 1.0B(b), definition of legal practitioner, the suggested amendments would remove “licensed under APR 28” to be consistent with the definition in the suggested amendments to APR 28 and the LLLT RPC.

In 1.0B(c), definition of limited license legal technician, the suggested amendments would remove the final sentence because it is no longer accurate under the suggested amendments to APR 28. The removed sentence relates to the LLLT scope of practice (found in APR 28(F)) rather than a definition of an LLLT.

Lawyer RPC 1.17

The suggested amendments to comment 19 would remove the description of when an LLLT cannot purchase a law practice because the current language is not correct in all circumstances. The substance of that sentence would be rewritten and included in the suggested amendments to the LLLT RPC as a new comment 2 to LLLT RPC 1.17. A new reference to that comment would be added to this comment 19.

Lawyer RPC 4.3

The suggested amendments to comment 6 would remove language saying that LLLTs shall not negotiate because it will be permitted under certain conditions if the suggested amendments to APR 28 are adopted.

Lawyer RPC 5.8

The suggested amendments to comment 2 would correct the reference to the Rules for Enforcement of Limited License Legal Technician Conduct (ELLLTC).

Lawyer RPC 8.1

The suggested amendments to RPC 8.1 would better reflect the unified admissions, licensing, and disciplinary processes for all license types in Washington now that LLLTs and limited practice officers (LPOs) are members of the WSBA.

Throughout

References to specific subparts of APR 28 would be removed and replaced with a general reference to APR 28 or a reference to APR 28 and related regulations. This allows the Lawyer RPC to remain accurate even if specific provisions of APR 28 change.

Conclusion

The LLLT Board believes it is important that these suggested amendments to the Lawyer RPC be adopted and effective together with the suggested amendments to APR 28 and the LLLT RPC as soon as possible. If adopted, the suggested amendments to the Lawyer RPC, LLLT RPC, and APR 28 will be incorporated into the LLLT family law practice area curriculum and will be tested on the LLLT family law practice area and professional responsibility exams. A mandatory continuing legal education program will be developed to educate LLLT candidates and currently licensed LLLTs about these changes and the impact on their practices. The first LLLT family law practice area and professional responsibility exams to test on these amendments could be held in July 2019.

D. Hearing: Because of the outreach conducted and input previously received by the LLLT Board, a hearing is not requested.

E. Expedited Consideration: Expedited consideration is requested in order to prevent delaying implementation of the necessary changes to LLLT education, continuing legal education, and examinations. The goal of the LLLT license is to provide much needed access to justice. Therefore, delay of these amendments also causes continued delay in providing relief to those in need of LLLT services.

F. Supporting Materials: In addition to the submission of the suggested amendments to the Lawyer RPC, a copy of the suggested amendments to APR 28 and the LLLT RPC are also included. The LLLT Board is also providing a sample of a Real Property Disposition Form and the April 3, 2017 letter from the Court to the LLLT Board, which stated, “A majority of the Court voted yes to expanding the family law area.”