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No result found, try current keyword!NALS and NFPA award certification through exams such as the Professional Paralegal Exam or the Paralegal CORE Competency Exam, both of which are approved by the American Bar Association. NALA’s advanc...

Vancouver woman is first Limited License Legal Technician in Clark County | killexams.com actual questions and Pass4sure dumps

A   A

From green adulthood, Vancouver’s Michelle White felt a calling to become a lawyer. But many obstacles stood in her way.

She grew up in a low-income family, where no one had attended college, and she didn’t absorb much guidance on how to achieve her dream.

Life went on, as it does, and she organize herself raising a family and working complete time in various office jobs, later as a legal assistant.

It wasn’t until 2014, as she navigated a intricate divorce — ending her 24-year relationship — that she learned, firsthand, how emotionally driven the family law process can be. That experience, in which she chose to depict herself, became the turning point in her career.

And now, nearly three years later, White, 49, is the first certified Limited License Legal Technician in Clark County.

“It just seemed relish sort of the prerogative suitable and a capable challenge to live in this emerging field,” she said. “I’m hoping to impact people’s lives, making things simpler for them.”

The license allows White to give clients legal counsel in family law areas, such as divorce and legal separation, child support, parenting plans, and paternity, agreed relocation and domestic violence actions.

The Washington state Bar Association developed the program under the direction of the state Supreme Court as an affordable option for people to obtain legal services.

“What they are really trying to achieve is bridge that gap. Not many people can journey spend hundreds of dollars on a divorce attorney,” White said. And slice rates often lead to cut-rate service, she added.

White has lived in Vancouver for the past 12 years and has been a practicing paralegal since 1994.

She was born and raised in Eastern Washington, working from the time she was 14 years old. Her first job after tall school was at the Hanford Site, and she later worked in budgeting for Rockwell International. She eventually sought change and was hired by the University of California for the Lawrence Livermore National Laboratory’s legal department in 1988.

It was her first smack of the legal world.

White assisted on a case in which relatives of radiation-related cancer patients sued the government over nuclear testing. The litigation was never completed, however, and when the project ended, she split days working as a legal secretary in the litigation and intellectual property departments.

She was later encouraged to obtain her paralegal certification and did so in 1994 through California state University, East Bay.

White worked for various legal firms and departments over the years — including First Independent Bank, which was later purchased by Sterling fiscal Corp., and ESCO Corp., in Portland — while likewise operating a consulting arduous on the side.

During her divorce, White met with a fiscal planner and looked over opportunities to attend law school. But in the process, she discovered a more affordable option: the legal technician program.

“I Come from a family where there were multiple divorces by both parents. I’ve seen a lot of stuff, not extreme positive, and ways not to ply a divorce and the impact on children,” White said. “There is a lot of focus on winning — winning at extreme costs. But those costs sometimes are very substantial on relationships at the suspension of the day.

“There is a better course than both parties going at it,” she added.

She applied for the program and was accepted in 2014 but opted to delay a pair of years, because she was finalizing her divorce and getting her family organized, she said.

The program requires an associate degree or higher; 45 credits at an approved paralegal program; live, online classes through the University of Washington School of Law; a paralegal core competency exam; LLLT drill belt exam; LLLT professional responsibility exam; and 3,000 hours working as a paralegal or legal lieutenant supervised by an attorney. White said she took an advanced paralegal core competency exam to avoid taking some classes.

It was difficult to equipoise classes, labor and raising her family as a sole mom, she said. White likewise squeezed in time to labor with attorneys to gain some more suffer in family law.

Longview attorney Elle Couto described White as a “really competent, smart person.” They met about two years ago through a friend of White’s who came to Couto for family law help. White and Couto began talking and started working together on the case.

“She has helped me a ton on this,” Couto said.

White said she’s heard that some lawyers are concerned that legal technicians will poach their clients. “But their market isn’t going to necessarily live the same,” she said, adding that she sees the potential for a collaborative relationship.

Couto agrees.

“There’s a segment of society that attorneys aren’t servicing. There’s a gap. Lawyers are charging anywhere from $200 to $300 an hour, and people can’t afford to pay that,” she said. “Some people don’t need attorneys, just someone to succor them with paperwork, and that’s where LLLTs Come in.

“There’s plenty of labor to journey around,” Couto added.

White hopes to open Washington Family Law Services, a one-stop-shop, which will feature a family law attorney, counselors and legal technicians.

White is in the process of obtaining approval to labor with the Clark County Volunteer Lawyers Program to assist clients without means to hire counsel.

“Our role is to give people access to legal counsel at an affordable price,” White said. “It doesn’t need to live this complicated.”


Washington state moves around UPL, using legal technicians to succor proximate the justice gap | killexams.com actual questions and Pass4sure dumps

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    image

    Photo of Michelle Cummings by Tim Matsui

    Michelle Cummings looks forward to this spring, when she expects to consume on her first law client. By then, the Auburn, Washington, resident will absorb completed her studies and taken the state licensing examination. Provided she passes, she will start practicing prerogative away.

    Cummings' Story could live that of any number of current lawyers looking forward to finishing law school and taking the first fledgling steps of their careers. But Cummings is not attending law school—at least not as lawyers know it—and she has no plans to become a lawyer.

    Rather, Cummings is on a historic path to become one of Washington's (and the nation's) first limited license legal technicians. These nonlawyers will live licensed by the state to provide legal counsel and assistance to clients in inevitable areas of law without the supervision of a lawyer.

    The first drill belt in which LLLTs will live licensed is domestic relations. Cummings and 14 others absorb taken the required courses and will sit for a licensing examination in March. The state will start licensing those who pass in the spring.

    Cummings' focus will live family law. For now, she plans to labor at the Fiori Law Office, a two-lawyer Auburn firm. Someday she may start a drill of her own.

    "I relish the view of being section of a firm," Cummings says. "If Loretta were to retire, then I absorb the option of hanging my own shingle. I relish that idea, knowing that I'm pile an opening where I wouldn't absorb to find a current job."

    A paralegal since 1998, Cummings is likewise excited about having clients of her own. "Paralegals watch to multitask. I'll acquire to finally sit down at my desk, focus on the client and achieve the job they are paying me to do."

    NOSING IN Within a profession that so guardedly polices its practice, many may note Cummings and her classmates as representing the proverbial camel's nose under the tent. So far, Washington stands solitary in formally licensing nonlawyers to provide legal services. But California is actively considering nonlawyer licensing, and several other states are dawn to explore it. current York has sidestepped licensing and is already allowing nonlawyers to provide legal assistance in limited circumstances while likewise looking to expand their use.

    In its January 2014 final report, the ABA chore force on the Future of Legal Education called on states to license "persons other than holders of a JD to deliver limited legal services." Now this issue of allowing nonlawyers to provide legal services is among the topics being taken up by ABA President William C. Hubbard's Commission on the Future of Legal Services.

    "I fully anticipate that it will live one of the concepts that will live addressed by the commission," Hubbard says, noting that his appointees to the 28-member commission comprehend both Barbara A. Madsen, chief justice of the Washington Supreme Court, which promulgated the LLLT rule, and Paula Littlewood, executive director of the Washington state Bar Association, which administers the LLLT program.

    "The states are the laboratories of invention," Hubbard adds. "This is a capable sample of that. I deem there is growing acceptance by regulators and private practitioners of law that they need to achieve things differently."

    Proponents maintain there is simply no other course to address the justice gap in the United States. They cite multiple state and federal studies showing that 80 to 90 percent of low- and moderate-income Americans with legal problems are unable to obtain or afford legal representation. The economics of traditional law drill acquire it impossible for lawyers to present their services at prices these people can afford.

    If lawyers cannot fill the gap, the proponents say, they must find some other way.

    "Even with whatever success we've had with public funding of legal services and pro bono labor by lawyers, there is still a gaping pocket in their system of providing legal services to the needy and people of limited means," says current York Court of Appeals Chief arbitrator Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

    "We need to deem out of the box and leer at every workable avenue for filling this justice gap," Lippman says. "You can acquire nonlawyers who are experts in a particular belt of legal assistance and who can live more effective in that belt than a generalist lawyer."

    Lippman says his interest in using nonlawyers was sparked by Gillian K. Hadfield, a professor of law and economics at the University of Southern California and another leading advocate for using nonlawyers to bridge the justice gap. After hearing her converse at a Harvard Law School forum, he invited her to current York to testify before his chore force to Expand Access to Civil Legal Services.

    "There is an imperative need for the judiciary to change the landscape of options available to those with legal needs," Hadfield said in her Oct. 1, 2012, testimony, "to exercise your ultimate authority to determine who can provide legal assistance by expanding that list beyond expensive JD-trained and bar-licensed attorneys.

    "Of course they want some services delivered only by expensive JD-trained and bar-licensed attorneys—we only want surgery performed by surgeons too," Hadfield continued. "But where are their nurse practitioners? Their legal systems desperately need the equivalent of nurse practitioners and other non-MD health care providers. They need non-JD legal providers who can fulfill simpler legal labor at much lower cost and thereby fill an huge section of the gaping legal need in this state."

    In May 2013, Lippman appointed a committee with the specific charge of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the spend of nonlawyers in housing, elder law and consumer credit cases—areas where as many as 90 percent of litigants in the current York courts are without lawyers.

    image

    Photo of Jonathan Lippman by Len Irish

    NEW YORK'S NAVIGATORS The recommendations of this committee resulted in Lippman's launch in February 2014 of a pilot program in which nonlawyers, called navigators, provide free assistance to unrepresented litigants in housing cases in Brooklyn and consumer debt cases in the Bronx and Brooklyn. Navigators provide a orbit of assistance, from common information given at succor desks to one-on-one succor completing legal forms and assisting in settlement negotiations.

    Navigators may likewise conduct unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to answer questions from the arbitrator and to provide the litigants "moral support."

    In Albany, Lippman created a second project that uses nonlawyers to recommend aged and homebound residents about their eligibility for benefits and other services.

    "Perhaps they need to consume a leaf from the medical profession, which has long recognized that people with health problems can live helped by a orbit of assistance providers with far less training than licensed physicians," Lippman said in announcing the initiatives during his 2014 state of the judiciary address. "We extreme accept that. Why not the very in the law?"

    New York's navigators are generally college and law students. They must entrust to volunteer for a minimum of 30 hours within three months of their training. A 2½-hour seminar and accompanying manual train them in the basics of housing and consumer-debt cases, as well as interviewing and communication skills. They receive no formal licensing.

    Some receive a stipend for their work, such as Sagar Sharma, a prelaw senior at the City College of current York. He came into the program through a summer internship sponsored by Skadden, Arps, Slate, Meagher & Flom. Sharma's full-time labor in the housing court last summer earned him an award for outstanding volunteer service.

    By contrast, the Washington program under which Cummings hopes to live licensed looks surprisingly similar to state schemas for barrister licensing and oversight.

    It is regulated by the state supreme court and administered by the court-appointed Limited License Legal Technician Board. relish lawyers, LLLTs will live matter to strict education requirements, must pass a qualifying examination, will live matter to disciplinary procedures and ethical rules, and must live covered by malpractice insurance.

    The Washington Supreme Court created the LLLT program on June 15, 2012, with its promulgation of Admission to drill Rule 28. In an feeling that accompanied the rule, the court explained that it acted in response to "a ballooning population of unrepresented litigants."

    "The authorization for limited license legal technicians to engage in inevitable limited legal and law-related activities holds engage to succor reduce the even of unmet need for low- and moderate-income people who absorb relatively uncomplicated family-related legal problems and for whom some even of individualized advice, advocate and guidance would facilitate a timely and effective outcome," the court said.

    image

    Graphic by Jeff Dionise

    BORN FROM CONCERNS Ironically the rule had its genesis in concerns about unauthorized law drill in the state. Acting on the credence that the UPL problem was driven, at least in part, by the need of a definition of authorized law practice, the state bar formed a committee in 1998 to Come up with one. In 2001, the supreme court adopted the committee's recommended definition as common Rule 24.

    The court, however, was concerned that simply defining law drill would not live enough to protect the public from unauthorized practice, recalls Stephen R. Crossland, a Cashmere, Washington, sole practitioner who served on the UPL committee. For this reason, the court simultaneously promulgated common Rule 25, creating a drill of Law Board to "make recommendations regarding the circumstances under which nonlawyers may live involved in the delivery of inevitable types of legal and law-related services." The court named Crossland chair.

    As the POLB went to labor studying the expanded spend of nonlawyers, another committee was likewise at labor in Washington studying the extent to which the state was meeting the civil legal needs of its residents. In a 2003 report, the committee concluded that low-income people in Washington visage 88 percent of their legal problems without succor from an attorney. Existing legal services programs, the study said, "are unable to address more than a very wee portion of existing demand, never intelligence expanded demand."

    These findings dovetailed with the labor of the board and helped spur it to submit a rule authorizing legal technicians, Crossland says. "We called it a legal technician rule, but I deem a better course to categorize it is as another category of authorized legal service providers."

    In 2006 the POLB submitted the draft rule to the board of governors of the Washington state Bar Association. The response was, perhaps, predictable: The board voted to withstand it. Still, board members left the door open for the POLB to revise the rule and revert for reconsideration.

    The POLB refined the rule and drafted regulations to govern its implementation. In January 2008, it submitted its revised proposal to the supreme court for approval. The state bar's board of governors asked the court to hold off on action so as to give them time to solicit feedback from members and formulate a position. Late in 2008, the board of governors again voted to withstand the rule.

    For four years, the rule sat at the supreme court. In 2009 the court published the rule for public comment. It twice placed the rule on its agenda for a vote, in 2010 and 2011, but each time it tabled the vote to a later date.

    Then in February 2012, the POLB submitted further revisions to the court. The revisions were an attempt to address some of the concerns of the state bar, which remained opposed to the proposed rule. This version likewise changed the designation from "legal technician" to "limited license legal technician." In June 2012, the supreme court finally voted to ratify the rule, effective Sept. 1, 2012.

    "The licensing of limited license legal technicians will not proximate the justice gap identified in the 2003 civil legal needs study," the court says in its order. "Nor will it solve the access-to-justice crossroad for moderate-income individuals with legal needs. But it is a limited, narrowly tailored strategy designed to expand the provision of legal and law-related services to members of the public in need of individualized legal assistance with noncomplex legal problems."

    image

    Photo of Gillian Hadfield by Jonah Light

    INDEPENDENCE WAY In Washington legal circles they are now known as "triple-LTs." They will live free to set their own fees and labor independently of lawyers, even opening their own offices. The laws of attorney-client privilege and of a lawyer's fiduciary responsibility to the client will apply just as they would to an attorney.

    LLLTs will live authorized to succor clients prepare and review legal documents and forms; recommend them on other documents they may need; interpret legal procedures and proceedings, including procedures for service of process and filing of legal documents; and assemble germane facts and interpret their significance. They may likewise fulfill legal research, but only if the labor is approved by a Washington lawyer.

    LLLTs may not conduct clients into court or engage in negotiations on a client's behalf. The LLLT board is considering whether to submit an amendment to the rule that would allow LLLTs to engage in these activities.

    To become an LLLT, an applicant must absorb at least an associate's degree and complete 45 credit hours of core curriculum currently being taught at community colleges in the state. The core curriculum is specified by court rule and covers topics such as civil procedure, contracts, legal research and writing, professional responsibility, and law office procedures and technology.

    In addition, applicants must complete courses specific to the drill belt in which they quest to live licensed. For family law, the only approved drill belt so far, the 15-hour curriculum was developed jointly by the state's three ABA-approved law schools—at Gonzaga University, Seattle University and the University of Washington. Applicants likewise must absorb 3,000 hours of substantive law-related labor suffer supervised by a licensed lawyer.

    To succor acquire the program started, the LLLT board decided to present a waiver of the core education requirements until Dec. 31, 2016. To qualify for the waiver, applicants must absorb passed a certified paralegal examination and absorb completed 10 years of suffer working as a paralegal under a lawyer's supervision. (The candidate must apply within five years of completing those 10 years of labor experience.)

    Once licensed, LLLTs will live matter to a regulatory framework similar to that for lawyers. They will live required to pay an annual license fee, fulfill annual continuing education requirements, set up IOLTA accounts for handling their clients' funds, and maintain professional liability insurance in the amount of at least $100,000 per pretense and $300,000 annual aggregate.

    IN CALIFORNIA, captious NEEDS Down the Pacific coast, state Bar of California officials absorb been paying proximate attention to Washington's program. In March 2013, the bar appointed a Limited License Working Group to leer at whether California should adopt a similar legal technician program. After a train of public hearings, the working group came out in July 2013 in favor of the concept and urged the bar to conduct an expanded study.

    Craig Holden, now California state bar president, chaired that working group and believes the need for alternative licensing models is unavoidable given the crossroad in the delivery of legal services.

    "The fact is that the justice gap has grown exponentially in the last several years," says Holden, a Los Angeles-based colleague at Lewis Brisbois Bisgaard & Smith. "Since the 2008 recession, more than 6 million Californians absorb fallen below the poverty line."

    Compounding the problem, he says, is that funding for legal services has dropped precipitously due to historically low interest rates causing dramatic reductions in IOLTA programs, a principal source of legal services funds.

    "As a service profession, they must recognize that when you absorb 90 percent of people in captious areas of need not using lawyers because they can't afford them, then by any definition that's a crisis," he says.

    California should authorize limited licenses similar to the Washington model in areas of significant need, such as family law, immigration and landlord-tenant law, Holden believes, with the licenses matter to strict requirements for education, suffer and examination.

    "This is not designed to consume food off lawyers' plates," Holden says. "It is designed to home in on that large carcass of consumers who cannot hire a barrister and who lawyers are not serving in any event."

    Joseph L. Dunn, former state bar executive director, agrees. He sides with those who bicker the economics of law drill acquire it impossible for lawyers to charge prices most consumers can afford. "This is not just a problem for the poor—it's gone beyond the needy to the middle class."

    In November 2013 the California bar appointed a Civil Justice Strategies chore force with a broad mandate to develop a course for addressing the state's justice gap. The limited license is among the topics it is considering.

    Even if the chore force comes out in favor of a limited license, it could live years before a proposed rule would live presented to the state supreme court, Holden notes. How it would live received there is anyone's guess.

    OTHER STATES The view of authorizing nonlawyers to provide limited legal services has percolated for years. In the early 1990s, both California and Oregon appointed chore forces to account limited licensing. Washington already has a figure of limited practice, the "limited drill officer," approved in 2009 to succor prepare documents for actual estate and personal transactions. California, too, permits "legal document assistants" to provide aid to consumers.

    But as other states confront their own justice gaps, Washington's first-in-the-nation limited-license rule seems to absorb captured their attention and spurred current interest in nonlawyers as a partial solution.

    "We absorb received a flurry of interest from other states that are looking at this," says Paula Littlewood, the Washington bar's executive director. "People content to me: 'It scares me to death, but I know it is coming.' "

    Crossland, who chairs the LLLT program, says, "I've had conversations with Colorado, current Mexico and California, and I've likewise spoken to current York, Ohio, Oregon and North Carolina."

    CONCERN FOR CONSUMERS In both Washington and California, opposition to limited licensing has focused on the potential harm to consumers. Even with advanced training, opponents say, legal technicians disagree diminutive from paralegals and need the competency to ply intricate legal matters without an attorney's supervision.

    Typical of this view was the testimony presented by Seattle family barrister Ruth Laura Edlund, a colleague at Wechsler Becker and the former chair of the WSBA's Family Law Section, at a Feb. 23, 2012, town hall forum sponsored by the bar to air views on the limited license proposal.

    "This rule is in my view a feel-good rule that would acquire us feel that we're doing something good, but extreme we're providing is access to injustice, because the class of individuals described is not going to absorb the competency to actually achieve for the needy what needs to live done," Edlund said. "Just because you're needy doesn't live of value your legal problems are simple."

    Opponents in California raised similar concerns. In a Feb. 1, 2013, note to the California bar, solo Stephen E. Ensberg of West Covina questioned the competency of paralegals to provide unsupervised legal services. He said that clients frequently Come to him to fix labor done by independent paralegals and document preparers who absorb no attorney supervision.

    "The state bar proposal now under consideration would simply give the veneer of legality to these unauthorized, ill-trained practitioners who achieve more damage than good," Ensberg wrote. "And they are not cheap, in any event. The proposal for licensed nonlawyers simply exposes the public to more harm than is already the current situation."

    Another common concern is that limited licensing will absorb limited impact. While it is complicated and potentially costly for a state to set up and administer a limited licensing scheme, there is no guarantee that LLLTs will acquire any measurable gain in closing the justice gap, or even that they will charge affordable fees for their services, some say.

    "Anyone who hangs out a shingle is operating in a commerce model that is enormously expensive," says Hadfield, the USC law and economics professor. The very factors that preserve lawyers' hourly rates high—payroll, overhead, insurance, marketing and the like—will obviate LLLTs who hang out a shingle from charging affordable rates, she argues.

    But Littlewood believes LLLTs will live able to preserve their hourly rates low. The cost of entry to become one is much lower than to become a lawyer, she notes, so LLLTs are not burdened with debt starting out. Additionally, market forces will preserve LLLT rates low, she argues. "If they charge near what a barrister charges, the consumer will journey to a lawyer."

    Hadfield believes licensing nonlawyers solitary will absorb only minimal impact in addressing the need for legal services. To acquire LLLT drill economical requires economies of scale, she argues, and that can live achieved only if private companies are allowed to provide legal services.

    "Suppose LegalZoom or Rocket barrister could hire LLLTs and absorb them answering phone calls, engaging in online chats—maybe even manning retail outlets—and giving assistance actually filling out the forms and navigating the procedures, extreme based on protocols developed by lawyers and by the company," says Hadfield, who sits on LegalZoom's Legal Advisory Council. "That's the course you significantly reduce the gap. Then the LLLT can live hired at lower cost."

    Hadfield further believes state regulation, not bar licensing, is the better course to expand legal services while still protecting consumers. "I don't deem the bar and state supreme courts are set up to achieve the benign of regulation you want." She envisions a regulatory agency such as those that oversee many medical professions. The agency would license and oversee not only the nonlawyer professionals, but likewise legal services companies such as LegalZoom and Rocket Lawyer.

    EMBRACING OPPORTUNITY Back in Washington, Cummings and her classmates became the first class to complete the family law courses on Dec. 3, 2014. The licensing examination is scheduled for March.

    Cummings credits her employer, Loretta M. Fiori-Thomas, for encouraging her to become an LLLT.

    "I know there are some attorneys who aren't thrilled about this idea, but I cherish that my boss is embracing it," Cummings says. "She is giving me the opening to better myself and the opening to succor people. That's a gift.

    "I leer at this primarily as an opening to succor people," she adds. "That's really what it's extreme about."

    Meanwhile, in California, the destiny of the LLLT remains uncertain. But former state bar executive director Dunn maintains that something must live done to address the unmet need for legal services.

    "The profession has been struggling for years with different answers," Dunn says. "The question going forward is whether they want to embrace LLLTs or not.

    "The unmet need is not shrinking, it's growing. They as a profession absorb to deal with this."

    This article originally appeared in the January 2015 issue of the ABA Journal with this headline: "Authorized Practice: Washington state moves around UPL, using legal technicians to succor proximate the justice gap."

    Sidebar Among recent initiatives across the states: • The Connecticut Bar Association's chore force on the Future of Legal Education and Standards of Admission issued a June 2014 report recommending the state modify its drill rules "so that nonlawyers live permitted to present some basic legal services to the public."

    • The Oregon state Bar convened a chore force on Limited License Legal Technicians in 2013. A final report and recommendation was expected before the suspension of last year.

    • The Committee on Professional Responsibility of the current York City Bar Association issued a June 2013 report applauding the spend of nonlawyer advocates such as courtroom aides and legal technicians.

    • The Vermont Bar Association considered the topic of limited legal licensure at its 2013 midyear meeting and created a paralegals section of the bar that will continue to study the issue.

    • The Massachusetts Bar Association voted in March 2014 to endorse the recommendations of the ABA chore force on the Future of Legal Education, including the licensing of people other than those with law degrees.

    Correction In print and initial online versions of “Authorized Practice,” January, University of Southern California law professor Gillian Hadfield should absorb been quoted as saying: “Suppose LegalZoom or Rocket barrister could hire LLLTs … .”

    The ABA Journal regrets the error.

    Robert Ambrogi is a Rockport, Massachusetts, barrister and writer.



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