H-1475

AN ACT Relating to paralegals; adding a new chapter to Title 18 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this chapter is to protect the members of the public by requiring the regulation of persons who provide paralegal services and by prescribing qualifications for persons who provide those services.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Director" means the director of the department of licensing.

(2) "Paralegal" means a person, neither an attorney nor authorized to practice law under RCW 2.48.190, who holds himself or herself out as qualified to do work of a legal nature for compensation, regardless of whether the person is under the supervision of an attorney. "Work of a legal nature" includes, but is not limited to, giving legal advice regarding the laws governing bankruptcy, divorce, custody or maintenance, and wills or trusts and estates, or the preparation of any legal document for a fee.

NEW SECTION. Sec. 3. No person shall represent himself or herself as a paralegal or engage in any services as a paralegal without first obtaining certification under this chapter.

NEW SECTION. Sec. 4. (1) An applicant applying for certification as a paralegal shall file a written application on a form or forms provided by the director setting forth under affidavit such information as the director may require, and proof that the candidate has met the qualifications required under this section. The applicant shall include with his or her application an application fee which shall be determined by the director.

(2) The director shall issue a certificate to each applicant who meets the following qualifications:

(a) The applicant must be eighteen years of age or older;

(b) The applicant must have a baccalaureate or higher degree from a college or university accredited by the western association of schools and colleges or a similar accreditation agency, or colleges and universities approved by the director by rule; and

(c) The applicant must have satisfactorily completed a paralegal examination administered by the director or by a public or private agency or institution recognized by the director as qualified to administer the examination.

NEW SECTION. Sec. 5. A paralegal certificate is effective for one year. Every person certified as a paralegal may renew his or her certificate by applying for renewal and paying the renewal fee determined by the director. Failure to apply for renewal and pay the annual renewal registration fee shall render the certificate invalid.

NEW SECTION. Sec. 6. In addition to any other authority provided by law, the director may:

(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;

(2) Establish forms necessary to administer this chapter;

(3) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter;

(4) Maintain the official departmental record of all applicants and certificate holders;

(5) Adopt rules of conduct for paralegals which shall be designed to assure that paralegals do not practice law in violation of Washington law and supreme court rules;

(6) Consult with the bar association and the supreme court with respect to appropriate rules of conduct for paralegals;

(7) Suspend or revoke certificates for failure to conform to this chapter or the rules adopted under this chapter;

(8) Investigate alleged violations of this chapter, the rules adopted under this chapter, and consumer complaints involving paralegals, and issue subpoenas in furtherance of its investigations;

(9) Set all application, certification, and renewal fees in accordance with RCW 43.24.086; and

(10) Set certification expiration dates and renewal periods for all certifications under this chapter.

NEW SECTION. Sec. 7. (1) There is created a state advisory committee consisting of five members appointed by the director who shall advise the director concerning the administration of this chapter. Three members of the committee shall be certified paralegals. The remaining two members shall be attorneys. In making the attorney appointments, the director shall seek the recommendations of the board of governors of the Washington bar association.

(2) Committee members shall be entitled to be compensated in accordance with RCW 43.03.240 and to be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(3) The committee shall elect a chairperson and such other officers as it deems appropriate. Three members of the committee shall constitute a quorum of the committee.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 9. Section 3 of this act shall take effect July 1, 1992.