WSR 17-14-082 RULES OF COURT STATE SUPREME COURT
[June 28, 2017]
The Washington State Bar Association, having recommended the adoption of the proposed amendment to APR 3—Applicants for Admission to Practice Law, 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 ORDERED: (a) That the amendment as shown below is adopted.
(b) That the amendment will be published in the Washington Reports and will become effective September 1, 2017. DATED at Olympia, Washington this 28th day of June, 2017.
TITLE
ADMISSION AND PRACTICE RULES (APR)
RULE 3. APPLICANTS FOR ADMISSION TO PRACTICE LAW
(a) Prerequisite for Admission. Every person desiring to be admitted to the Bar of the State of and the practice of law in Washington must be of good moral character, and possess the requisite fitness to practice law, and must qualify for and pass an bar examination except as provided for in these rules.
(b) Qualification for Lawyer Bar Examination. To qualify to sit for the lawyer bar examination, a person must not be eligible for admission by motion or UBE score transfer and must present satisfactory proof of either:
(1i) graduation with a Juris Doctor (JD) degree from a law school approved by the Board of Governors; or
(2ii) completion of the law clerk program prescribed by these rules; or
(iii) graduation from a United States law school not approved by the Board of Governors together with the completion of an LL.M. degree for the practice of law as defined by these rules; or
(iv) graduation from a university or law school outside the United States with a degree in law together with the completion of an LL.M. degree for the practice of law as defined by these rules; or
(3v) admission to the practice of law, together with current good standing, in any jurisdiction where the common law of England is the basis of its jurisprudence, and active legal experience for at least 3 three of the 5 five years immediately preceding the filing of the application; or
(4) graduation with a Master of Laws (LL.M.) degree for the practice of law as defined below and either:
(A) graduation with a JD degree from a United States law school not approved by the Board of Governors, or
(B) graduation from a university or law school in a jurisdiction outside the United States, with a degree in law that would qualify the applicant to practice law in that jurisdiction.
"Active legal experience" shall means experience either in the active practice of law, or as a teacher at an approved law school, or as a judge of a court of general or appellate jurisdiction, or any combination thereof, in a state or territory of the United States or in the District of Columbia or in any jurisdiction where the common law of England is the basis of its jurisprudence.
"LL.M. degree for the practice of law" means an LL.M. program at a law school approved by the Board of Governors that consists of a minimum of 18,200 minutes of total instruction to include at least 12,000 minutes of instruction on principles of domestic United States law, which must include:
(i) (A) a minimum of 2080 minutes in United States Constitutional Law, including principles of separation of powers and federalism:
(ii) (B) a minimum of 2080 minutes in the civil procedure of state and federal courts in the United States;
(iii) (C) a minimum of 1400 minutes in the history, goals, structure, values, rules and responsibilities of the United States legal profession and its members; and
(iv) (D) a minimum of 1400 minutes in legal analysis and reasoning, legal research, problem solving, and oral and written communication.
(c) Lawyer Admission by Motion. Lawyers admitted to practice law in other states or territories of the United States or the District of Columbia are not required to sit for the lawyer bar examination if they:
(1i) file a certificate from that jurisdiction certifying the lawyer's admission to practice, and the date thereof, and current good standing or the equivalent; and
(2ii) present satisfactory proof of active legal experience for at least 3 three of the 5 five years immediately preceding the filing of the application.
(d) Lawyer Admission by UBE Score Transfer. Persons with a Uniform Bar Examination score earned in another state or territory of the United States or the District of Columbia are not required to sit for the lawyer bar examination in Washington if they:
(1) file a transcript demonstrating that the applicant received a UBE score that is equal to or higher than the score required to pass the UBE in Washington, and it has been not more than 40 months since the date of the administration of the UBE in which the score was earned; and
(2) file a transcript demonstrating that the applicant received an MPRE score equal to or higher than the score required to pass the MPRE in Washington, and the score was received no earlier than three years prior to and no later than 40 months after the date of the administration of the UBE in which the applicant received the UBE score.
(e) Qualification for LLLT examination. To qualify to sit for the LLLT examination, a person must;
(1) be at least 18 years of age.
(2) have the following education, unless waived through regulation:
(A) An associate level degree or higher:
(B) 45 credit hours of core curriculum instruction in paralegal studies pursuant to APR 28 Regulation 3 with instruction to occur at an ABA approved law school, an educational institution with an ABA approved paralegal education program, or an educational institution with an LLLT core curriculum program approved by the LLLT Board; and
(C) In each practice area in which an applicant seeks licensure, instruction in the approved practice area based on a curriculum developed by or in conjunction with an ABA approved law school, covering the key concepts or topics and the number of credit hours of instruction required for licensure in that practice area, as determined by the LLLT Board.
(3) present original proof of passing the Paralegal Core Competency Exam administered by the National Federation of Paralegal Associations.
(f) Qualification for LPO Examination. To qualify to sit for the LPO examination, a person must be at least 18 years of age.
(g) Emeritus Pro Bono Admission. A lawyer, LLLT or LPO admitted to practice law in Washington State may apply for emeritus pro bono status when the lawyer, LLLT or LPO is otherwise fully retired from the practice of law. An emeritus pro bono lawyer, LLLT or LPO shall provide legal services in Washington State only for a qualified legal service provider as defined in these rules.
(1) To apply, the lawyer, LLLT or LPO shall
(A) file an application in such form and manner as prescribed by the Bar;
(B) present satisfactory proof of active legal experience as defined in APR 1 or at least 5 of the 10 years immediately preceding the filing of the application;
(C) file a certification from a qualified legal services provider that the applicant's practice of law will comply with the terms of this rule;
(D) comply with training requirements prescribed by the Bar; and
(E) furnish whatever additional information or proof that may be required in the course of investigating the applicant.
(2) Upon approval of the application by the Bar, the lawyer, LLLT or LPO shall pay the current year's annual license fee in the amount required of inactive lawyers, LLLTs or LPOs, whichever is the applicable license type. Emeritus pro bono lawyers, LLLTs or LPOs are subject to annual license renewal as provided by the Board of Governors.
(3) Upon admission under this section, the practice of law by a lawyer, LLLT or LPO shall be limited to
(A) providing legal service for no fee through a qualified legal services provider; or
(B) serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or service for no fee to a qualified legal services provider.
The prohibition against compensation for emeritus pro bono lawyers, LLLTs or LPOs shall not prevent a qualified legal services provider from reimbursing an emeritus pro bono lawyer, LLLT or LPO for actual expenses incurred while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court awarded attorney's fees for any representation rendered by the emeritus pro bono lawyer, LLLT or LPO.
(4) Emeritus pro bono lawyers, LLLTs or LPOs shall pay to the Bar an annual license fee in the amount required of inactive lawyers, LLLTs or LPOs, whichever is the applicable license type.
(5) The practice of a lawyer, LLLT or LPO admitted under this section shall be subject to the applicable Rules of Professional Conduct, disciplinary rules, and to all other laws and rules governing lawyers, LLLTs or LPOs admitted to the Bar.
(6) Emeritus pro bono lawyers, LLLTs or LPOs shall be exempt from compliance with rule 11 concerning Mandatory Continuing Legal Education.
(7) Emeritus pro bono admission shall be automatically terminated and converted to inactive status when the lawyer, LLLT or LPO fails to comply with the terms of this rule.
(d) Exceptions (h) Withholding Approval or Permission to Take Examinations. The Bar Board of Governors may, in its discretion, withhold approval of an application or withhold permission to sit for the bar take an examination for an otherwise qualified applicant, until the applicant establishes that all requirements have been met or until completion of an inquiry into the applicant's character and fitness, if the applicant (i) has ever been convicted of a "serious crime" as defined in ELC 7.1 (a)(2), or (ii) has ever been disbarred or is presently suspended from the practice of law for disciplinary reasons in any jurisdiction, or (iii) has previously been denied admission to the Bar in this or any other jurisdiction for reasons other than failure to pass a bar examination. The Board of Governors may also withhold approval of an application or permission to sit for the bar examination where for any other reason there are serious and substantial questions regarding the present moral character or fitness of the applicant. The Board of Governors may refer such matters to the Character and Fitness Board for investigation and hearing pursuant to these rules.
(ie) Forms Applications; Fees; Filing.
(1) Every applicant for admission shall:
(A1) Execute and file an application, in the form and manner and within the time limits that may be prescribed by the Bar Board of Governors;
(B2) Pay upon the filing of the application such fees as may be set by the Board of Governors subject to review by with the approval of the Supreme Court; and
(C3) Furnish whatever additional information or proof may be required in the course of investigating the applicant's qualification for admission or licensure, and investigating the applicant's good moral character and fitness pursuant to APR 20-25.6.
(2) Refunds of any application fees shall be handled according to policies established by the Bar.
(3) Transfers of applicants from administration of one examination to administration of another examination shall be handled according to policies established by the Bar.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040. | ||||||||||||||||||||||||