Ep 273: A Deep Dive Into Washington’s Newly Approved Pilot to Allow Non-Lawyer Entities to Practice Law
Jan 6, 2025
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Terra Nevitt, Executive Director of the Washington State Bar Association with a background in civil legal aid, and Craig Shank, a seasoned Washington lawyer with experience in big law and tech, dive into Washington's groundbreaking pilot program allowing non-lawyer entities to practice law. They discuss how this initiative aims to improve access to justice and the regulatory measures required to maintain integrity. The conversation shines a light on the challenges and successes of similar programs in other states, emphasizing the importance of ethical compliance and community support.
Washington's pilot program allows non-lawyer entities to deliver legal services, aiming to enhance access to justice for underserved populations.
The initiative requires strict monitoring and evaluation to ensure compliance, consumer safety, and overall effectiveness of the new legal service models.
Deep dives
Regulatory Authority and Public Protection
Regulatory bodies have limited authority and can only oversee the entities they regulate. To enhance public safety and the integrity of the legal profession, it is essential to bring more service providers under regulatory oversight. This allows for proper safeguards to be put in place and enables monitoring and disciplinary action when necessary. Proactively integrating services into the regulatory framework helps address concerns about unauthorized legal practices and ensures consumer protection.
Historic Pilot Program in Washington
The Washington Supreme Court recently authorized a pilot program that allows non-lawyer entities to deliver legal services, marking a significant shift in legal practice regulations. This decision positions Washington as the third state to implement such changes, following similar movements in Utah and Arizona. The pilot aims to collect data and assess how these changes will improve access to legal services while ensuring consumer safety. The program will run for an initial ten years, during which various proposals can be tested and evaluated.
Access to Justice and Innovation
The pilot program is fundamentally aimed at improving access to justice by allowing innovative solutions to emerge in legal service delivery. For example, initiatives can potentially simplify processes for obtaining protective orders or expunging records without requiring extensive legal knowledge from the service providers. Such efforts are designed to reach underserved populations and streamline legal assistance, making it more accessible and affordable. Utilizing technology and community involvement in legal processes can significantly enhance the legal system's effectiveness.
Measuring Success and Regulatory Compliance
Monitoring and evaluating the success of the pilot program is crucial for its long-term viability and public safety. Key metrics will include the cost of services, client engagement, compliance with existing ethical rules, and overall consumer satisfaction. Each participating entity will be required to propose specific hypotheses about the regulatory changes they seek while outlining how impacts will be measured. This systematic approach ensures accountability and helps establish a safer legal environment as new models for delivering legal services are explored.
On Dec. 5, in a move to enhance access to justice, the Supreme Court of the state of Washington issued a historic order authorizing a regulatory reform pilot program by which entities not owned by lawyers will be able to deliver legal services. The move makes Washington only the third state, after Utah and Arizona, to approve a comprehensive change to the longstanding rule that only entities owned by lawyers can practice law.
The pilot, which will last for 10 years, is designed to test whether entity regulation will increase access to justice by enhancing access to affordable and reliable legal and law-related services. Entities approved to operate under the pilot will be allowed to practice law, but only under strict conditions that limit the duration of their operations and that require active monitoring and oversight.
To discuss the development and details of this pilot, we are joined today by two guests representing the two organizations that proposed this pilot to the court and that will now be tasked with partnering to get it up and running. They are:
Steno, reliable court reporting with a revolutionary approach
Briefpoint, eliminating routine discovery response and request drafting tasks so you can focus on drafting what matters (or just make it home for dinner).
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