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APR 28 Regs - Regulations of the APR 28 Limited License Legal Technician Board
Comments for APR 28 Regs must be received no later than February 7, 2015.
GR 9 COVER SHEETSuggested Amendments
ADMISSION AND drill RULES (APR)Appendix APR 28. Regulations of the APR 28 Limited License Legal Technician Board
Submitted by the Limited License Legal Technician Board
Purpose: The primary purpose for the suggested amendments and original regulations to Appendix APR 28 is to complete the basic regulatory framework for licensing LLLTs. Washington situation Bar Association staff prepared the initial drafts of these proposed amendments and original regulations and presented them to the LLLT Board for discussion at two meetings. The initial drafts were modeled after either the corresponding counselor rule or the corresponding LPO rule. Decisions as to which rule to consume as a model depended on (1) the need to protect the public given the LLLT’s scope of practice, (2) the preference of the LLLT Board and (3) the best pass to administer the program. The Board discussed and then unanimously approved the amendments and original regulations as proposed by staff with only slight modification where necessary.
In addition to some technical amendments, the suggested amendments and original regulations will provide for the efficient administration of the LLLT program. The suggested amendments and original regulations to Appendix APR 28 set forth procedures for the administration of the program and licensing of LLLTs, including procedures for character and fitness review; completing the core and professional responsibility examination; filing reliance account declarations, reporting continuing education; administrative suspensions; inactive status; intentional cancellation of the LLLT license; and reapplication for licensure after disciplinary revocation. The following describes each regulation and whether the proposed amendments to it are technical in nature, administrative, or substantive, or whether it is a original regulation:
Regulation 1: In General
The Board suggests a technical amendment to change the term “WSBA” to “Association” to get the regulations consistent with other court rules.
Regulation 2: drill Areas—Scope of drill Authorized by Limited License Legal Technician Rule
In subpart A to Regulation 2, the Board suggests an administrative amendment to delete the second to eventual sentence. After a client consults with an attorney for a matter beyond the LLLT’s scope of drill and returns to the LLLT with written instructions from the attorney, the Board believes it was not the intent of the rules to imply LLLTs may follow those instructions for “final court orders” only. It is anticipated that LLLTs will perform other services not limited to final court orders and, thus, this provision is unnecessarily limiting. The Board believes that the paragraph accomplishes the identical purpose without the sentence and without limiting the types of labor the LLLT can achieve after written instructions are obtained from a lawyer. Additionally, in subpart B(3)(c)(v), the Board suggests changing the term “pseudo-community property” to “jointly acquired committed intimate relationship property” to reflect current case law.
Regulation 3: Education Requirements for Applicants
The Board suggests technical amendments to change the term “WSBA” to “Association” to get the regulations consistent with other court rules.
Regulation 4: Limited Time Waivers
In addition to technical amendments related to changing the term “WSBA” to “Association,” the Board suggests an administrative amendment to allow the Board to set policies regarding approved national paralegal certification examinations that qualify for the limited time waiver, as an additional paralegal examination has been identified that qualifies for the waiver: the NALS Professional Paralegal Examination, an examination that is substantially equivalent to the other two qualifying examinations.
Regulation 5: Applications
In addition to technical amendments related to changing the term “WSBA” to “Association,” the Board suggests the following administrative amendment to require applications and proof of education be provided “in a profile and manner as prescribed by the Board.” This will allow the Board to set policies on such matters consistent with technological and administrative resources available at the WSBA. Additionally, the Board suggests requiring applicants to provide proof of passage of the core examination prior to applying for the licensure consistent with the Board’s recommendation that the core examination be a national paralegal certifying exam as described below under Regulation 8.
Regulation 6: Approval or Denial of Application on Administrative Grounds
The Board suggests technical amendments to change the term “WSBA” to “Association” to get the regulations consistent with other court rules.
NEW Regulation 7: Character and Fitness
The Board recommends that original Regulation 7 regarding character and fitness procedures mirror the counselor system. However, a Character and Fitness Committee of the Board would preside over hearings and the Board would hear appeals. This is different from the counselor system in which there is a Character and Fitness Board part from and appointed by the Board of Governors.
Regulation 8: Examinations; Notification of Results
The Board recommends a substantive amendment to require that the core examination be satisfied by passing a national certifying paralegal examination approved by the Board. After thorough vetting, the LLLT Board believes that the National Federation of Paralegal Associations’ (NFPA) Paralegal Core Competency (PCC) Exam will sufficiently test LLLT applicants on information of the core subjects. The PCC Exam was developed in partnership with not-for-profit Professional Examination Services (PES), a testing organization that assists in the evolution and administration of licensing and certification exams. The NFPA and PES used job studies, statistics, scientific data, and psychometrics to develop the exam. For the PCC Exam, NFPA surveyed subject matter experts, including judges, Registered Paralegals, paralegal educators, and paralegal employers, to create the categories of core competencies to test for early career or entry level paralegals. The exam tests coursework in various paralegal programs, basic information entry-level paralegals should possess, and skills essential to basic paralegal competency.
In addition, APR 28C(2)(c) requires the LLLT examination to cover LLLT ethical obligations. To ensure applicants demonstrate minimum competency in ethics prior to initial licensure, the Board recommends a substantive amendment that the professional responsibility portion of the exam be a one-time, multiple preference exam graded separately from the drill locality examination. The professional responsibility exam will test on LLLT ethical duties as set forth in APR 28, the LLLT Rules of Professional Conduct, and LLLT scope of drill as set forth in APR 28F and H. Having a separate, multiple preference ethics exam is consistent with the counselor professional responsibility exam, the Multistate Professional Responsibility Exam.
The additional administrative amendments to Regulation 8 clarify the requirements of the drill locality examination.
Regulation 9: Substantive Law-related labor sustain Requirement
The Board suggests administrative amendments to Regulation 9 that reflect that the Board will issue results for drill locality and professional responsibility examinations only, based on its recommendation that the core exam be administered by a national paralegal organization.
Regulation 10: Certification of Results to Supreme Court; Oath
In addition to one technical amendment to achieve in lower case the term “state” in the Oath, the Board suggests administrative amendments to Regulation 10 that reflect that the Board will issue results for drill locality and professional responsibility examinations only, based on its recommendation that the core exam be administered by a national paralegal organization. Additionally, based on suggested changes to Regulation 11 regarding annual fees as described below, the Board recommends a technical amendment to subpart C that reflects the recommendation of a fee schedule.
Regulation 11: Annual License Fees
In order to simplify the fee structure for annual license fees, the Board recommends administrative amendments that would provide for a fee schedule1 that would be approved by the Board and the Court rather than identifying unique drill locality fees.
Further, consistent with the timing of the limited drill officer continuing licensing period, the Board recommends that the LLLT annual licensing epoch be from July 1 to June 30. The deadlines for payment and showing proof of continuing licensing requirements would be August 1, as is reflected in the proposed original regulations related to continuing licensing.
Regulation 12: pecuniary Responsibility
The Board believes there is a stout likelihood LLLTs will be employed by governmental entities in the future and, as such, recommends an administrative amendment to Regulation 12 that would allow LLLTs to expose proof of indemnification by their government employer in lieu of professional liability insurance. The Board further recommends an administrative amendment that reflects the proposed annual licensing epoch for LLLTs.
NEW Regulation 13: reliance Account Declarations
The Board suggests original Regulation 13 that would require the filing of annual reliance account declarations, which is meant to ensure LLLTs comply with their reliance account obligations under LLLT Rules of Professional Conduct 1.15A and 1.15B. The original regulation further reflects the proposed annual licensing epoch for LLLTs.
NEW Regulation 14: Continuing Education
The Board recommends suggested original Regulation 14 regarding continuing education requirements, which would require a minimum of ten hours of coursework similar to the requirements of limited drill officers. Under the proposed regulation, LLLTs would be required to complete a minimum two hours of legal ethics, and their courses must relate to their scope and locality of drill or the core curriculum as set forth in Regulation 3. The Board further recommends that it be allowed to set its own continuing education policies that would not require Supreme Court approval for implementation. This would embrace LLLT reporting and sponsor application policies.
NEW Regulation 15: Administrative Suspension from Limited Practice
The Board recommends suggested original Regulation 15 relating to administrative suspensions. affection lawyers (see APR 17), the proposed regulation would subject LLLTs to suspension for failure to comply with their licensing requirements and for notification that the LLLT is six months delinquent on court-ordered child uphold obligations. Additionally, similarly to lawyers, under the proposed regulation, the Court could enter an order at any time changing the administratively suspended LLLT to vigorous status on a showing that the LLLT meets every other requirements for limited practice.
NEW Regulation 16: inactive Status
The Board recommends suggested original Regulation 16 regarding LLLT transfers to inactive status. affection with limited drill officers, under the proposed regulation, LLLTs would be able to recrudesce to vigorous status by filing an application with the Board after meeting every other licensing requirements.
NEW Regulation 17: intentional Cancellation of License
The Board recommends original Regulation 17, which would set forth procedures for voluntarily cancelling the LLLT license similar to procedures for limited drill officers; however, unique to the LLLT license, LLLTs would Have the option of cancelling a single drill locality license if the LLLT is licensed in more than one drill area.
NEW Regulation 18: Reapplication for Licensure after Disciplinary Revocation
The Board recommends original Regulation 18 that would allow reapplications for licensure after disciplinary revocation. Similar to lawyers, applicants for LLLT licensure would be required to wait five years after revocation to reapply. The Board chose to recommend a longer epoch for reapplication than the two years for limited drill officers given the broader scope of services LLLTs provide and the need to get the threat of disciplinary revocation a pellucid deterrent for misconduct by LLLTs.
NEW Regulation 19: Notice and Filing
Similar to instructions provided to limited drill officers in their apropos regulations, the Board recommends original Regulation 19 that would provide pellucid direction to applicants for limited licensure and LLLTs regarding where to direct notices and filings required by the Regulations.
NEW Regulation 20: Amendment and Board Policies
The Board recommends original Regulation 20, which would empower the Board to get changes to Appendix APR 28 with Supreme Court approval and implement policies for the administration of the program.
The LLLT Board believes that it is needful that these proposed amendments be adopted and effectual as soon as possible. Notably, if adopted, proof of passing the PCC exam will be required prior to sitting for the LLLT licensing exam in March 2015; as such, applicants will need enough lead time to prepare for, buy the exam, and obtain their results from NFPA.
1 A proposed fee schedule will be submitted to the Court at a later date.
Paralegals consume special software to prepare documents.
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Litigation analysts, furthermore known as paralegals, labor for colleges and universities, law firms, insurance companies, government agencies and other companies. They may specialize in legal, economic or political analysis. An associate's degree in paralegal studies or a certificate as a paralegal is usually required for employment. Optional certifications are available once the candidate has acquired job experience.
Associate's degree in paralegal studies or paralegal certificate
National Federation of Paralegal Associations offers two optional certifications
Projected Job Growth (2014-2024)
8% for paralegals and legal assistants*
Average Annual Salary (2015)
$52,390 for paralegals and legal assistants*
Source: *U.S. Bureau of Labor Statistics
A litigation analyst or paralegal helps lawyers, commerce executives and government officials research, assess and present information relating to legal cases. The U.S. Bureau of Labor Statistics (BLS) reported that 72% of paralegals and legal assistants were employed by the legal services industry in 2015 (www.bls.gov). The leisure worked for federal, situation and local government agencies (not including hospitals or education settings) or in the finance and insurance industry.
The BLS notes that jobs for litigation analysts or paralegals are expected to extend 8% between 2014 and 2024, or from 279,500 jobs to 300,800 jobs. This extend is as rapid as medium compared to the overall growth in employment among every occupations. The medium annual wage for litigation analysts or paralegals was $52,390 in May 2015, according to the BLS.
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Litigation analysts or paralegals will need at least an associate's degree in paralegal studies or a paralegal certificate to gain entry-level employment into this occupation. Some employers require a bachelor's degree in paralegal studies or in a related province such as commerce or accounting. Although not often a prerequisite, completion of the paralegal certificate or a commitment to a law degree may be preferred by employers.
There are many schools that offer paralegal courses and certificates, but not every are approved by the American Bar Association (ABA). Degrees and certificates from ABA-approved programs may not be required by employers but may be an advantage when looking for a job.
There are several professional organizations that offer certification for litigation paralegals. These embrace the National Federation of Paralegal Associations (NFPA), which certifies paralegals who successfully complete the Paralegal Core Competency Exam (PCCE) or the Paralegal Advanced Competency Exam (PACE). A combination of education and sustain is required to qualify for these certification programs.
Litigation analysts often assist lawyers, executives or government officials, and commonly labor in legal services, for government agencies or insurance firms. In some cases, employers might prefer candidates with a bachelor's degree in paralegal studies, but a paralegal certificate or associate's degree will usually suffice. Eligibility for professional certification in this province requires both labor sustain and education, as well as the successful completion of core competency exams.