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Vancouver woman is first Limited License Legal Technician in Clark County | killexams.com existent questions and Pass4sure dumps

A   A

From young adulthood, Vancouver’s Michelle White felt a calling to become a lawyer. But many obstacles stood in her way.

She grew up in a low-income family, where no one had attended college, and she didn’t gain much guidance on how to achieve her dream.

Life went on, as it does, and she create herself raising a family and working full time in various office jobs, later as a legal assistant.

It wasn’t until 2014, as she navigated a complicated divorce — ending her 24-year relationship — that she learned, firsthand, how emotionally driven the family law process can be. That experience, in which she chose to delineate herself, became the turning point in her career.

And now, nearly three years later, White, 49, is the first certified Limited License Legal Technician in Clark County.

“It just seemed like sort of the perquisite felicitous and a superior challenge to subsist in this emerging field,” she said. “I’m hoping to repercussion people’s lives, making things simpler for them.”

The license allows White to give clients legal counsel in family law areas, such as divorce and legal separation, child support, parenting plans, and paternity, agreed relocation and domestic violence actions.

The Washington State Bar Association developed the program under the direction of the state Supreme Court as an affordable option for people to obtain legal services.

“What they are really trying to enact is bridge that gap. Not many people can fade spend hundreds of dollars on a divorce attorney,” White said. And lop rates often lead to cut-rate service, she added.

White has lived in Vancouver for the past 12 years and has been a practicing paralegal since 1994.

She was born and raised in Eastern Washington, working from the time she was 14 years old. Her first job after lofty school was at the Hanford Site, and she later worked in budgeting for Rockwell International. She eventually sought change and was hired by the University of California for the Lawrence Livermore National Laboratory’s legal department in 1988.

It was her first taste of the legal world.

White assisted on a case in which relatives of radiation-related cancer patients sued the government over nuclear testing. The litigation was never completed, however, and when the project ended, she split days working as a legal secretary in the litigation and intellectual property departments.

She was later encouraged to obtain her paralegal certification and did so in 1994 through California State University, East Bay.

White worked for various legal firms and departments over the years — including First Independent Bank, which was later purchased by Sterling fiscal Corp., and ESCO Corp., in Portland — while besides operating a consulting firm on the side.

During her divorce, White met with a fiscal planner and looked over opportunities to attend law school. But in the process, she discovered a more affordable option: the legal technician program.

“I approach from a family where there were multiple divorces by both parents. I’ve seen a lot of stuff, not entire positive, and ways not to exploit a divorce and the repercussion on children,” White said. “There is a lot of focus on winning — winning at entire costs. But those costs sometimes are very substantial on relationships at the End of the day.

“There is a better way than both parties going at it,” she added.

She applied for the program and was accepted in 2014 but opted to detain a brace of years, because she was finalizing her divorce and getting her family organized, she said.

The program requires an associate degree or higher; 45 credits at an approved paralegal program; live, online classes through the University of Washington School of Law; a paralegal core competency exam; LLLT drill area exam; LLLT professional responsibility exam; and 3,000 hours working as a paralegal or legal coadjutant supervised by an attorney. White said she took an advanced paralegal core competency exam to avoid taking some classes.

It was difficult to equipoise classes, work and raising her family as a single mom, she said. White besides squeezed in time to work with attorneys to gain some more sustain in family law.

Longview attorney Elle Couto described White as a “really competent, smart person.” They met about two years ago through a friend of White’s who came to Couto for family law help. White and Couto began talking and started working together on the case.

“She has helped me a ton on this,” Couto said.

White said she’s heard that some lawyers are concerned that legal technicians will poach their clients. “But their market isn’t going to necessarily subsist the same,” she said, adding that she sees the potential for a collaborative relationship.

Couto agrees.

“There’s a segment of society that attorneys aren’t servicing. There’s a gap. Lawyers are charging anywhere from $200 to $300 an hour, and people can’t afford to pay that,” she said. “Some people don’t requisite attorneys, just someone to aid them with paperwork, and that’s where LLLTs approach in.

“There’s plenty of work to fade around,” Couto added.

White hopes to open Washington Family Law Services, a one-stop-shop, which will feature a family law attorney, counselors and legal technicians.

White is in the process of obtaining approval to work with the Clark County Volunteer Lawyers Program to assist clients without means to hire counsel.

“Our role is to give people access to legal counsel at an affordable price,” White said. “It doesn’t requisite to subsist this complicated.”


Washington state moves around UPL, using legal technicians to aid near the justice gap | killexams.com existent questions and Pass4sure dumps

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    image

    Photo of Michelle Cummings by Tim Matsui

    Michelle Cummings looks forward to this spring, when she expects to pick on her first law client. By then, the Auburn, Washington, resident will gain completed her studies and taken the state licensing examination. Provided she passes, she will launch practicing perquisite away.

    Cummings' anecdote could subsist that of any number of unique lawyers looking forward to finishing law school and taking the first fledgling steps of their careers. But Cummings is not attending law school—at least not as lawyers know it—and she has no plans to become a lawyer.

    Rather, Cummings is on a historic path to become one of Washington's (and the nation's) first limited license legal technicians. These nonlawyers will subsist licensed by the state to provide legal counsel and assistance to clients in unavoidable areas of law without the supervision of a lawyer.

    The first drill area in which LLLTs will subsist licensed is domestic relations. Cummings and 14 others gain taken the required courses and will sit for a licensing examination in March. The state will launch licensing those who pass in the spring.

    Cummings' focus will subsist family law. For now, she plans to work at the Fiori Law Office, a two-lawyer Auburn firm. Someday she may start a drill of her own.

    "I like the view of being piece of a firm," Cummings says. "If Loretta were to retire, then I gain the option of hanging my own shingle. I like that idea, knowing that I'm structure an occasion where I wouldn't gain to find a unique job."

    A paralegal since 1998, Cummings is besides excited about having clients of her own. "Paralegals tend to multitask. I'll win to finally sit down at my desk, focus on the client and enact the job they are paying me to do."

    NOSING IN Within a profession that so guardedly polices its practice, many may see Cummings and her classmates as representing the proverbial camel's nose under the tent. So far, Washington stands lonely in formally licensing nonlawyers to provide legal services. But California is actively considering nonlawyer licensing, and several other states are nascence to explore it. unique York has sidestepped licensing and is already allowing nonlawyers to provide legal assistance in limited circumstances while besides looking to expand their use.

    In its January 2014 final report, the ABA Task constrain on the Future of Legal Education called on states to license "persons other than holders of a JD to deliver limited legal services." Now this issue of allowing nonlawyers to provide legal services is among the topics being taken up by ABA President William C. Hubbard's Commission on the Future of Legal Services.

    "I fully anticipate that it will subsist one of the concepts that will subsist addressed by the commission," Hubbard says, noting that his appointees to the 28-member commission include both Barbara A. Madsen, chief justice of the Washington Supreme Court, which promulgated the LLLT rule, and Paula Littlewood, executive director of the Washington State Bar Association, which administers the LLLT program.

    "The states are the laboratories of invention," Hubbard adds. "This is a superior instance of that. I believe there is growing acceptance by regulators and private practitioners of law that they requisite to enact things differently."

    Proponents maintain there is simply no other way to address the justice gap in the United States. They cite multiple state and federal studies showing that 80 to 90 percent of low- and moderate-income Americans with legal problems are unable to obtain or afford legal representation. The economics of traditional law drill originate it impossible for lawyers to tender their services at prices these people can afford.

    If lawyers cannot fill the gap, the proponents say, they must find some other way.

    "Even with whatever success we've had with public funding of legal services and pro bono work by lawyers, there is still a gaping hole in their system of providing legal services to the penniless and people of limited means," says unique York Court of Appeals Chief judge Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

    "We requisite to believe out of the box and recognize at every workable avenue for filling this justice gap," Lippman says. "You can win nonlawyers who are experts in a particular area of legal assistance and who can subsist more effective in that area than a generalist lawyer."

    Lippman says his interest in using nonlawyers was sparked by Gillian K. Hadfield, a professor of law and economics at the University of Southern California and another leading advocate for using nonlawyers to bridge the justice gap. After hearing her speak at a Harvard Law School forum, he invited her to unique York to testify before his Task constrain to Expand Access to Civil Legal Services.

    "There is an urgent requisite for the judiciary to change the landscape of options available to those with legal needs," Hadfield said in her Oct. 1, 2012, testimony, "to exercise your ultimate authority to settle who can provide legal assistance by expanding that list beyond expensive JD-trained and bar-licensed attorneys.

    "Of course they want some services delivered only by expensive JD-trained and bar-licensed attorneys—we only want surgery performed by surgeons too," Hadfield continued. "But where are their nurse practitioners? Their legal systems desperately requisite the equivalent of nurse practitioners and other non-MD health supervision providers. They requisite non-JD legal providers who can execute simpler legal work at much lower cost and thereby fill an immense piece of the gaping legal requisite in this state."

    In May 2013, Lippman appointed a committee with the specific impregnate of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the exercise of nonlawyers in housing, elder law and consumer credit cases—areas where as many as 90 percent of litigants in the unique York courts are without lawyers.

    image

    Photo of Jonathan Lippman by Len Irish

    NEW YORK'S NAVIGATORS The recommendations of this committee resulted in Lippman's launch in February 2014 of a pilot program in which nonlawyers, called navigators, provide free assistance to unrepresented litigants in housing cases in Brooklyn and consumer debt cases in the Bronx and Brooklyn. Navigators provide a purview of assistance, from common information given at aid desks to one-on-one aid completing legal forms and assisting in settlement negotiations.

    Navigators may besides accompany unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to respond questions from the judge and to provide the litigants "moral support."

    In Albany, Lippman created a second project that uses nonlawyers to advise venerable and homebound residents about their eligibility for benefits and other services.

    "Perhaps they requisite to pick a leaf from the medical profession, which has long recognized that people with health problems can subsist helped by a purview of assistance providers with far less training than licensed physicians," Lippman said in announcing the initiatives during his 2014 state of the judiciary address. "We entire accept that. Why not the identical in the law?"

    New York's navigators are generally college and law students. They must consign to volunteer for a minimum of 30 hours within three months of their training. A 2½-hour seminar and accompanying manual train them in the basics of housing and consumer-debt cases, as well as interviewing and communication skills. They receive no formal licensing.

    Some receive a stipend for their work, such as Sagar Sharma, a prelaw senior at the City College of unique York. He came into the program through a summer internship sponsored by Skadden, Arps, Slate, Meagher & Flom. Sharma's full-time work in the housing court last summer earned him an award for outstanding volunteer service.

    By contrast, the Washington program under which Cummings hopes to subsist licensed looks surprisingly similar to state schemas for solicitor licensing and oversight.

    It is regulated by the state supreme court and administered by the court-appointed Limited License Legal Technician Board. like lawyers, LLLTs will subsist subject to strict education requirements, must pass a qualifying examination, will subsist subject to disciplinary procedures and ethical rules, and must subsist covered by malpractice insurance.

    The Washington Supreme Court created the LLLT program on June 15, 2012, with its promulgation of Admission to drill Rule 28. In an persuasion that accompanied the rule, the court explained that it acted in response to "a ballooning population of unrepresented litigants."

    "The authorization for limited license legal technicians to engage in unavoidable limited legal and law-related activities holds vow to aid reduce the flat of unmet requisite for low- and moderate-income people who gain relatively uncomplicated family-related legal problems and for whom some flat of individualized advice, support and guidance would facilitate a timely and effective outcome," the court said.

    image

    Graphic by Jeff Dionise

    BORN FROM CONCERNS Ironically the rule had its genesis in concerns about unauthorized law drill in the state. Acting on the faith that the UPL problem was driven, at least in part, by the lack of a definition of authorized law practice, the state bar formed a committee in 1998 to approach up with one. In 2001, the supreme court adopted the committee's recommended definition as common Rule 24.

    The court, however, was concerned that simply defining law drill would not subsist enough to protect the public from unauthorized practice, recalls Stephen R. Crossland, a Cashmere, Washington, sole practitioner who served on the UPL committee. For this reason, the court simultaneously promulgated common Rule 25, creating a drill of Law Board to "make recommendations regarding the circumstances under which nonlawyers may subsist involved in the delivery of unavoidable types of legal and law-related services." The court named Crossland chair.

    As the POLB went to work studying the expanded exercise of nonlawyers, another committee was besides at work in Washington studying the extent to which the state was meeting the civil legal needs of its residents. In a 2003 report, the committee concluded that low-income people in Washington mug 88 percent of their legal problems without aid from an attorney. Existing legal services programs, the study said, "are unable to address more than a very small portion of existing demand, never reason expanded demand."

    These findings dovetailed with the work of the board and helped spur it to pose a rule authorizing legal technicians, Crossland says. "We called it a legal technician rule, but I believe a better way to categorize it is as another category of authorized legal service providers."

    In 2006 the POLB submitted the draft rule to the board of governors of the Washington State Bar Association. The response was, perhaps, predictable: The board voted to contest it. Still, board members left the door open for the POLB to revise the rule and recrudesce for reconsideration.

    The POLB refined the rule and drafted regulations to govern its implementation. In January 2008, it submitted its revised proposal to the supreme court for approval. The state bar's board of governors asked the court to hold off on action so as to give them time to solicit feedback from members and formulate a position. Late in 2008, the board of governors again voted to contest the rule.

    For four years, the rule sat at the supreme court. In 2009 the court published the rule for public comment. It twice placed the rule on its agenda for a vote, in 2010 and 2011, but each time it tabled the vote to a later date.

    Then in February 2012, the POLB submitted further revisions to the court. The revisions were an attempt to address some of the concerns of the state bar, which remained opposed to the proposed rule. This version besides changed the cognomen from "legal technician" to "limited license legal technician." In June 2012, the supreme court finally voted to sanction the rule, effective Sept. 1, 2012.

    "The licensing of limited license legal technicians will not near the justice gap identified in the 2003 civil legal needs study," the court says in its order. "Nor will it solve the access-to-justice juncture for moderate-income individuals with legal needs. But it is a limited, narrowly tailored strategy designed to expand the provision of legal and law-related services to members of the public in requisite of individualized legal assistance with noncomplex legal problems."

    image

    Photo of Gillian Hadfield by Jonah Light

    INDEPENDENCE WAY In Washington legal circles they are now known as "triple-LTs." They will subsist free to set their own fees and work independently of lawyers, even opening their own offices. The laws of attorney-client privilege and of a lawyer's fiduciary responsibility to the client will apply just as they would to an attorney.

    LLLTs will subsist authorized to aid clients prepare and review legal documents and forms; advise them on other documents they may need; define legal procedures and proceedings, including procedures for service of process and filing of legal documents; and amass germane facts and define their significance. They may besides execute legal research, but only if the work is approved by a Washington lawyer.

    LLLTs may not accompany clients into court or engage in negotiations on a client's behalf. The LLLT board is considering whether to pose an amendment to the rule that would allow LLLTs to engage in these activities.

    To become an LLLT, an applicant must gain at least an associate's degree and complete 45 credit hours of core curriculum currently being taught at community colleges in the state. The core curriculum is specified by court rule and covers topics such as civil procedure, contracts, legal research and writing, professional responsibility, and law office procedures and technology.

    In addition, applicants must complete courses specific to the drill area in which they seek to subsist licensed. For family law, the only approved drill area so far, the 15-hour curriculum was developed jointly by the state's three ABA-approved law schools—at Gonzaga University, Seattle University and the University of Washington. Applicants besides must gain 3,000 hours of substantive law-related work sustain supervised by a licensed lawyer.

    To aid win the program started, the LLLT board decided to tender a waiver of the core education requirements until Dec. 31, 2016. To qualify for the waiver, applicants must gain passed a certified paralegal examination and gain completed 10 years of sustain working as a paralegal under a lawyer's supervision. (The candidate must apply within five years of completing those 10 years of work experience.)

    Once licensed, LLLTs will subsist subject to a regulatory framework similar to that for lawyers. They will subsist required to pay an annual license fee, fulfill annual continuing education requirements, set up IOLTA accounts for handling their clients' funds, and maintain professional liability insurance in the amount of at least $100,000 per pretense and $300,000 annual aggregate.

    IN CALIFORNIA, faultfinding NEEDS Down the Pacific coast, State Bar of California officials gain been paying near attention to Washington's program. In March 2013, the bar appointed a Limited License Working Group to recognize at whether California should adopt a similar legal technician program. After a series of public hearings, the working group came out in July 2013 in favor of the concept and urged the bar to conduct an expanded study.

    Craig Holden, now California state bar president, chaired that working group and believes the requisite for alternative licensing models is unavoidable given the juncture in the delivery of legal services.

    "The fact is that the justice gap has grown exponentially in the last several years," says Holden, a Los Angeles-based colleague at Lewis Brisbois Bisgaard & Smith. "Since the 2008 recession, more than 6 million Californians gain fallen below the poverty line."

    Compounding the problem, he says, is that funding for legal services has dropped precipitously due to historically low interest rates causing stagy reductions in IOLTA programs, a principal source of legal services funds.

    "As a service profession, they must recognize that when you gain 90 percent of people in faultfinding areas of requisite not using lawyers because they can't afford them, then by any definition that's a crisis," he says.

    California should license limited licenses similar to the Washington model in areas of significant need, such as family law, immigration and landlord-tenant law, Holden believes, with the licenses subject to strict requirements for education, sustain and examination.

    "This is not designed to pick food off lawyers' plates," Holden says. "It is designed to home in on that great cadaver of consumers who cannot hire a solicitor and who lawyers are not serving in any event."

    Joseph L. Dunn, former state bar executive director, agrees. He sides with those who squabble the economics of law drill originate it impossible for lawyers to impregnate prices most consumers can afford. "This is not just a problem for the poor—it's gone beyond the penniless to the middle class."

    In November 2013 the California bar appointed a Civil Justice Strategies Task constrain with a broad mandate to develop a goal for addressing the state's justice gap. The limited license is among the topics it is considering.

    Even if the task constrain comes out in favor of a limited license, it could subsist years before a proposed rule would subsist presented to the state supreme court, Holden notes. How it would subsist received there is anyone's guess.

    OTHER STATES The view of authorizing nonlawyers to provide limited legal services has percolated for years. In the early 1990s, both California and Oregon appointed task forces to deem limited licensing. Washington already has a form of limited practice, the "limited drill officer," approved in 2009 to aid prepare documents for existent estate and personal transactions. California, too, permits "legal document assistants" to provide aid to consumers.

    But as other states confront their own justice gaps, Washington's first-in-the-nation limited-license rule seems to gain captured their attention and spurred unique interest in nonlawyers as a partial solution.

    "We gain received a flurry of interest from other states that are looking at this," says Paula Littlewood, the Washington bar's executive director. "People disclose to me: 'It scares me to death, but I know it is coming.' "

    Crossland, who chairs the LLLT program, says, "I've had conversations with Colorado, unique Mexico and California, and I've besides spoken to unique York, Ohio, Oregon and North Carolina."

    CONCERN FOR CONSUMERS In both Washington and California, opposition to limited licensing has focused on the potential harm to consumers. Even with advanced training, opponents say, legal technicians disagree dinky from paralegals and lack the competency to exploit complicated legal matters without an attorney's supervision.

    Typical of this view was the testimony presented by Seattle family solicitor Ruth Laura Edlund, a colleague at Wechsler Becker and the former chair of the WSBA's Family Law Section, at a Feb. 23, 2012, town hall forum sponsored by the bar to air views on the limited license proposal.

    "This rule is in my view a feel-good rule that would originate us feel that we're doing something good, but entire we're providing is access to injustice, because the class of individuals described is not going to gain the competency to actually enact for the penniless what needs to subsist done," Edlund said. "Just because you're penniless doesn't signify your legal problems are simple."

    Opponents in California raised similar concerns. In a Feb. 1, 2013, epistle to the California bar, solo Stephen E. Ensberg of West Covina questioned the competency of paralegals to provide unsupervised legal services. He said that clients frequently approach to him to fix work done by independent paralegals and document preparers who gain no attorney supervision.

    "The state bar proposal now under consideration would simply give the veneer of legality to these unauthorized, ill-trained practitioners who enact more damage than good," Ensberg wrote. "And they are not cheap, in any event. The proposal for licensed nonlawyers simply exposes the public to more harm than is already the current situation."

    Another common concern is that limited licensing will gain limited impact. While it is complicated and potentially costly for a state to set up and administer a limited licensing scheme, there is no guarantee that LLLTs will originate any measurable gain in closing the justice gap, or even that they will impregnate affordable fees for their services, some say.

    "Anyone who hangs out a shingle is operating in a trade model that is enormously expensive," says Hadfield, the USC law and economics professor. The identical factors that withhold lawyers' hourly rates high—payroll, overhead, insurance, marketing and the like—will avert LLLTs who hang out a shingle from charging affordable rates, she argues.

    But Littlewood believes LLLTs will subsist able to withhold their hourly rates low. The cost of entry to become one is much lower than to become a lawyer, she notes, so LLLTs are not burdened with debt starting out. Additionally, market forces will withhold LLLT rates low, she argues. "If they impregnate near what a solicitor charges, the consumer will fade to a lawyer."

    Hadfield believes licensing nonlawyers lonely will gain only minimal repercussion in addressing the requisite for legal services. To originate LLLT drill economical requires economies of scale, she argues, and that can subsist achieved only if private companies are allowed to provide legal services.

    "Suppose LegalZoom or Rocket solicitor could hire LLLTs and gain them answering phone calls, engaging in online chats—maybe even manning retail outlets—and giving assistance actually filling out the forms and navigating the procedures, entire based on protocols developed by lawyers and by the company," says Hadfield, who sits on LegalZoom's Legal Advisory Council. "That's the way you significantly reduce the gap. Then the LLLT can subsist hired at lower cost."

    Hadfield further believes state regulation, not bar licensing, is the better way to expand legal services while still protecting consumers. "I don't believe the bar and state supreme courts are set up to enact the benevolent of regulation you want." She envisions a regulatory agency such as those that oversee many medical professions. The agency would license and oversee not only the nonlawyer professionals, but besides legal services companies such as LegalZoom and Rocket Lawyer.

    EMBRACING OPPORTUNITY Back in Washington, Cummings and her classmates became the first class to complete the family law courses on Dec. 3, 2014. The licensing examination is scheduled for March.

    Cummings credits her employer, Loretta M. Fiori-Thomas, for encouraging her to become an LLLT.

    "I know there are some attorneys who aren't thrilled about this idea, but I prize that my boss is embracing it," Cummings says. "She is giving me the occasion to better myself and the occasion to aid people. That's a gift.

    "I recognize at this primarily as an occasion to aid people," she adds. "That's really what it's entire about."

    Meanwhile, in California, the lot of the LLLT remains uncertain. But former state bar executive director Dunn maintains that something must subsist done to address the unmet requisite for legal services.

    "The profession has been struggling for years with different answers," Dunn says. "The question going forward is whether they want to embrace LLLTs or not.

    "The unmet requisite is not shrinking, it's growing. They as a profession gain to deal with this."

    This article originally appeared in the January 2015 issue of the ABA Journal with this headline: "Authorized Practice: Washington state moves around UPL, using legal technicians to aid near the justice gap."

    Sidebar Among recent initiatives across the states: • The Connecticut Bar Association's Task constrain on the Future of Legal Education and Standards of Admission issued a June 2014 report recommending the state modify its drill rules "so that nonlawyers subsist permitted to tender some basic legal services to the public."

    • The Oregon State Bar convened a Task constrain on Limited License Legal Technicians in 2013. A final report and recommendation was expected before the End of last year.

    • The Committee on Professional Responsibility of the unique York City Bar Association issued a June 2013 report applauding the exercise of nonlawyer advocates such as courtroom aides and legal technicians.

    • The Vermont Bar Association considered the topic of limited legal licensure at its 2013 midyear meeting and created a paralegals section of the bar that will continue to study the issue.

    • The Massachusetts Bar Association voted in March 2014 to endorse the recommendations of the ABA Task constrain on the Future of Legal Education, including the licensing of people other than those with law degrees.

    Correction In print and initial online versions of “Authorized Practice,” January, University of Southern California law professor Gillian Hadfield should gain been quoted as saying: “Suppose LegalZoom or Rocket solicitor could hire LLLTs … .”

    The ABA Journal regrets the error.

    Robert Ambrogi is a Rockport, Massachusetts, solicitor and writer.



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