WSR 16-13-027

RULES OF COURT

[June 3, 2016]

The Washington State Bar Association's Limited License Legal Technician Board, having recommended the adoption of the proposed amendments to Admission to Practice Rules (APR) 28(C)—Limited License Legal Technician Board, APR 28(D)—Requirements for Applicants, and Appendix APR 28 Regulation 3—Education Requirements for Applicants, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

(a) That the new rules as shown below are adopted.

(b) That the new rules will be published in the Washington Reports and will become effective immediately.

DATED at Olympia, Washington this 3rd day of June, 2016.

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C. Limited License Legal Technician Board 

(1)

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(2) Board Responsibilities. The Board shall be responsible for the following:

(a) Recommending practice areas of law for LLLTs, subject to approval by the Supreme Court;

(b) Processing applications and fees, and screening applicants;

(c) Administering the examinations required under this rule which shall, at a minimum, cover the rules of professional conduct applicable to LLLTs Limited License Legal Technicians, rules relating to the attorney-client privilege, procedural rules, and substantive law issues related to one or more approved practice areas;

(d) Determining LLLT Continuing Legal Education (LLLT CLE) requirements and approval of LLLT CLE programs;

(e) Approving education and experience requirements for licensure in approved practice areas;

(f) Establishing and overseeing committees and tenure of members;

(g) Establishing and collecting examination fees, LLLT CLE fees, annual license fees, and other fees in such amounts approved by the Supreme Court as are necessary to carry out the duties and responsibilities of the Board; and

(hi) Such other activities and functions as are expressly provided for in this rule.

(3) Rules and Regulations. The Board shall propose rules and regulations for adoption by the Supreme Court that:

(a) Establish procedures for grievances and disciplinary proceedings;

(b) Establish trust account requirements and procedures;

(c) Establish rules of professional and ethical conduct; and

(d) Implement the other provisions of this rule.

(4) Administration and Expenses of the Board. The Washington State Bar Association shall provide reasonably necessary administrative support for the Board. Members of the Board shall not be compensated for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties according to the Washington State Bar Association's expense policies. Funds accumulated from examination fees, annual fees, and other revenues shall be used to defray the expenses of the Board. All anticipated expenses and anticipated revenues shall be submitted on a proposed budget for approval by the Washington State Bar Association's Board of Governors.

D. Requirements for Applicants. An applicant for licensure as an LLLT Limited License Legal Technician shall:

(1) Age. Be at least 18 years of age.

(2) Moral Character and Fitness to Practice. Be of good moral character and demonstrate fitness to practice as an LLLT Limited License Legal Technician.

(3) Education. Have the following education, unless waived by the Board through regulation:

(a) An associate level degree or higher;

(b) 45 credit hours of core curriculum instruction in paralegal studies as approved by the Board with instruction to occur at:

(i) an ABA approved law school; or

(ii) an educational institution with an ABA approved paralegal education program; or and

(c) In each practice area in which an applicant seeks licensure, instruction in the approved practice area, which must be based on a curriculum developed by or in conjunction with an ABA approved law school. For each approved practice area, the Board shall determine the key concepts or topics to be covered in the curriculum and the number of credit hours of instruction required for admission in that practice area.

(d) For the purposes of satisfying APR 28 (D)(3), one credit hour shall be equivalent to 450 minutes of instruction.

(4) Application. Execute under oath and file with the Board an application, in such form as the Board requires. An applicant's failure to furnish information requested by the Board or pertinent to the pending application may be grounds for denial of the application.

(5) Examination Fee. Pay, upon the filing of the application, the examination fee and any other required application fees as established by the Board and approved by the Supreme Court.

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An applicant for licensure shall satisfy the following education requirements:

A.Core Curriculum. 

1. Credit Requirements. An applicant for licensure shall have earned 45 credit hours as required by APR 28 (D)(3)(b). The core curriculum must include the following required subject matters with minimum credits hours earned as indicated: the following course credits at an ABA approved law school or ABA approved paralegal program:

1. Civil Procedure, minimum 8 credits hours;

2. Contracts, minimum 3 credits hours;

3. Interviewing and Investigation Technique, minimum 3 credits hours;

4. Introduction to Law and Legal Process, minimum 3 credits hours;

5. Law Office Procedures and Technology, minimum 3 credits hours;

6. Legal Research, Writing and Analysis, minimum 8 credits hours; and

7. Professional responsibility, minimum 3 credits hours;

The core curriculum courses in which credit for the foregoing subject matters is earned shall satisfy the curricular requirements approved by the Board and published by the Association. If the required core curriculum courses completed by the applicant do not total 45 credits hours as required by APR 28 (D)(3)(b), then the applicant may earn the remaining credits hours by taking legal or paralegal elective courses. at an ABA approved law school or ABA approved paralegal program. All core curriculum course credit hours must be earned at an ABA approved law school, an educational institution with an ABA approved paralegal program, or at an educational institution with an LLLT core curriculum program approved by the Board under the Washington State LLLT Educational Program Approval Standards.

B.Practice Area Curriculum. 

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