Ep 273: A Deep Dive Into Washington’s Newly Approved Pilot to Allow Non-Lawyer Entities to Practice Law

Jan 6, 2025

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.

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INSIGHT

Regulation Focus

The Washington State Bar Association can only regulate entities within its jurisdiction.
To protect the public, it's best to bring entities under regulation, enabling monitoring and discipline.

INSIGHT

Entity Regulation & Access to Justice

Entity regulation can improve access to justice by streamlining legal processes, making them cheaper.
For instance, non-lawyers can handle simpler tasks like protective orders, under lawyer supervision.

INSIGHT

Technology's Role in Law

Technology offers opportunities for legal professionals.
Lawyers can focus on complex tasks while technology helps them reach underserved clients.

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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:

Terra Nevitt, executive director of the Washington State Bar Association, and
Craig Shank, a Washington lawyer and member of the Washington Supreme Court’s Practice of Law Board.

Their share their perspectives on how this pilot could enhance access to justice and what the development means for regulatory reform more broadly.

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This episode of LawNext is generously made possible by our sponsors. We appreciate their support and hope you will check them out.

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