BP BHEAD INT S

AN ACT Relating to licensing legal assistants under the direction and supervision of active members of the Washington state bar association; adding new sections to chapter 43.131 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Attorney" means an active member of the Washington state bar association as provided in chapter 2.48 RCW.

(2) "Department" means the department of licensing.

(3) "Director" means the director of licensing.

(4) "Legal assistant" means a person qualified through education, training, and work experience to perform substantive legal work requiring knowledge of legal concepts that customarily, but not exclusively, are performed by an attorney licensed by the Washington state bar association. A legal assistant may be retained or employed by a lawyer, law office, or governmental entity or may be authorized by an administrative authority to perform the work. "Legal assistant" does not include a person performing only administrative or clerical duties for a lawyer, law firm, governmental entity, or other entity and does not include participants in a course of study designed to qualify the participant to take the bar exam of any state.

NEW SECTION. Sec. 2. A person shall not represent himself or herself as a legal assistant or engage in any services as a legal assistant unless licensed by the department.

NEW SECTION. Sec. 3. A legal assistant licensee shall:

(1) Graduate from a course of study for legal assistants approved by the department; and

(2) Complete an internship approved by the department that involves working under the supervision and direction of an active member of the Washington state bar association.

NEW SECTION. Sec. 4. In addition to the educational requirements under section 3 of this act, an applicant must:

(1) Demonstrate good moral character;

(2) File an application with the department;

(3) Pay the required fee; and

(4) Neither be a suspended or disbarred attorney in the state of Washington or another state, nor a felon without civil rights restored.

NEW SECTION. Sec. 5. Persons not meeting the requirements of this chapter, and who are performing the duties of a legal assistant before the effective date of this section, shall apply to the department for a license. A licensee under this section shall have two years of legal assistant experience which is documented by an affidavit from an active member of the Washington state bar association who directly supervised an applicant. A legal assistant that does not apply for a license under this section by two years after the effective date of this act is not eligible for the license.

NEW SECTION. Sec. 6. A legal assistant shall adhere to rules of professional conduct as adopted by the department. In adopting the rules, the department shall be guided by the rules of professional conduct adopted for active members of the Washington state bar association.

NEW SECTION. Sec. 7. The department shall issue an applicant a legal assistant's license upon the department confirming that the applicant complies with this chapter.

NEW SECTION. Sec. 8. (1) A licensed legal assistant shall renew the license on or before the date of the license's second anniversary, and every two years thereafter, by paying a renewal fee as set by rule by the director. Failure to renew a license and pay the renewal fee renders the license invalid. The director shall reinstate a license upon written application by the licensee to the director and payment by the licensee of all delinquent fees.

(2) A person who fails to renew his or her license under this section for four years may not renew the license under this section. The person, in order to obtain a legal assistant's license, must file a new application under this chapter along with the required fees.

(3) The director shall adopt rules establishing additional fees or penalties for legal assistants who fail to timely renew their licenses.

NEW SECTION. Sec. 9. The director shall, upon reasonable opportunity for a hearing, revoke, deny, or suspend a license issued or applied for under this chapter if the director finds that:

(1) The licensee or applicant violated this chapter, a rule adopted by the director under this chapter, or a decision of the director under this chapter; or

(2) A fact or condition exists that, if it had existed at the time of the original application for the license, reasonably would have warranted the director to refuse to issue the original license.

NEW SECTION. Sec. 10. The director shall adopt rules, set fees, make decisions, orders, and rulings, and take other necessary action for the implementation and enforcement of this chapter, including the implementation of the training and educational requirements. The director may appoint a temporary advisory committee consisting of two practicing attorneys, three legal assistants, and one consumer member to assist in creating the rules necessary to implement this chapter.

NEW SECTION. Sec. 11. The administrative procedure act, chapter 34.05 RCW, if applicable, governs the rights, remedies, and procedures respecting the administration of this chapter.

NEW SECTION. Sec. 12. A licensed legal assistant or unlicensed person who performs the duties of a legal assistant without the direction and supervision of an active member of the Washington state bar association is subject to RCW 2.48.180.

NEW SECTION. Sec. 13. The director shall set fees under this chapter at a level adequate to pay the costs of the licensing program. The director shall set the fees in accordance with RCW 43.24.086.

NEW SECTION. Sec. 14. The legal assistants' licensing account is created in the state treasury. All receipts from fees paid under this chapter shall be deposited into the account. Moneys from the account shall be expended, after appropriation, only for the purposes of this chapter.

NEW SECTION. Sec. 15. A new section is added to chapter 43.131 RCW to read as follows:

The program regulating legal assistants under chapter 18.-- RCW (sections 1 through 14 of this act) shall be terminated June 30, 2001, as provided in section 16 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act;

(5) Section 5 of this act;

(6) Section 6 of this act;

(7) Section 7 of this act;

(8) Section 8 of this act;

(9) Section 9 of this act;

(10) Section 10 of this act;

(11) Section 11 of this act;

(12) Section 12 of this act;

(13) Section 13 of this act; and

(14) Section 14 of this act.

NEW SECTION. Sec. 17. Sections 1 through 14 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 18. This act takes effect July 1, 1996.