WSR 15-03-035
[January 8, 2015]
NO. 25700-A-1093
The Limited License Legal Technician (LLLT) Board, having recommended the expedited adoption of the proposed amendments to APR 28Limited License Legal Technicians, 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 amendments as shown below are adopted.
(b) That the amendments will be published expeditiously in the Washington Reports and will become effective upon publication.
DATED at Olympia, Washington this 8th day of January, 2015.
Madsen, C.J.
Johnson, J.
Wiggins, J.
Owens, J.
Gonzalez, J.
Fairhurst, J.
Gordon McCloud, J.
Stephens, J.
Yu, J.
A. [Unchanged.]
B. Definitions. For purposes of this rule, the following definitions will apply:
(1)-(8) [Unchanged.]
(9) "Washington lawyer" means a person licensed and eligible to practice law in Washington and who is an active or emeritus pro bono member of the Washington State Bar Association.
(10) [Unchanged.]
C. Limited License Legal Technician Board.
(1)-(3) [Unchanged.]
(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 a Limited License Legal Technician shall:
(1)-(3) [Unchanged.]
(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) [Unchanged.]
E. [Unchanged.]
F. Scope of Practice Authorized by Limited Practice Rule. The Limited License Legal Technician shall ascertain whether the issue is within the defined practice area for which the LLLT is licensed. If it is not, the LLLT shall not provide the services required on this issue and shall inform the client that the client should seek the services of a lawyer. If the issue is within the defined practice area, the LLLT may undertake the following:
(1)-(3) [Unchanged.]
(4) Application. Provide the client with self-help materials prepared by a Washington lawyer or approved by the Board that contain information about relevant legal requirements, case law basis for the client's claim, and venue and jurisdiction requirements;
(5) Review documents or exhibits that the client has received from the opposing party, and explain them to the client;
(6) [Unchanged.]
(7) Perform legal research;
(8) Draft legal letters and documents beyond what is permitted in paragraph (6), if the work is reviewed and approved by a Washington lawyer;
(9) Advise a client as to other documents that may be necessary to the client's case, and explain how such additional documents or pleadings may affect the client's case;
(10) Assist the client in obtaining necessary documents or records, such as birth, death, or marriage certificates.
G. [Unchanged.]
H. Prohibited Acts.
In the course of dealing with clients or prospective clients, a Limited License Legal Technician shall not:
(1)-(8) Unchanged.
(9) Otherwise violate the Limited License Legal Technicians' Rules of Professional Conduct.
I.-J. [Unchanged.]
K. Professional Responsibility and Limited License Legal TechnicianClient Relationship.
(1) [Unchanged.]
(2) Limited License Legal Technicians shall be held to the ethical standards of the Limited License Legal Technicians' Rules of Professional Conduct, which shall create an LLLT IOLTA program for the proper handling of funds coming into the possession of the Limited License Legal Technician.
(3) [Unchanged.]
L. Confidentiality and Public Records.
(1) GR 12.4 shall apply to access to Board records.
(2) Unless expressly authorized by the Supreme Court or by the applicant, all application records, including related investigation files, documents, and proceedings, for the limited admission to the practice of law as an LLLT are confidential and shall be privileged against disclosure, except as necessary to conduct an investigation, hearing, appeal, or review pursuant to these rules.
(3) Unless expressly authorized by the Supreme Court, all examination questions, scoring keys, and other examination data used by the Board to administer the LLLT licensing examinations are not subject to public disclosure.
(4) Unless expressly authorized by the Supreme Court or the LLLT, the following Board and Bar records are exempt from public access: personal information in Board and Bar records for LLLTs and Board members to the extent that disclosure would violate their right of privacy, including home contact information (unless such information is their address of record), Social Security numbers, driver's license numbers, identification or security photographs held in Board and Bar records, and personal data including ethnicity, race, disability status, gender, and sexual orientation. LLLT license status, license number, dates of admission or licensing, addresses of record, and business telephone numbers, facsimile numbers, and electronic mail addresses (unless there has been a request that electronic mail addresses not be made public) shall not be exempt, provided that any such information shall be exempt if the Chair of the Board approves the confidentiality of that information for reasons of personal security or other compelling reasons, which approval must be reviewed annually.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.