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: 60 actual Questions

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No result found, try fresh 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 juvenile 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 own much guidance on how to achieve her dream.

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

It wasn’t until 2014, as she navigated a tangled 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 limn 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 dote sort of the right happy and a safe challenge to exist 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 situation Bar Association developed the program under the direction of the situation Supreme Court as an affordable option for people to obtain legal services.

“What they are really trying to attain is bridge that gap. Not many people can proceed expend 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 lofty 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 relish 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 situation University, East Bay.

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

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

“I forward from a family where there were multiple divorces by both parents. I’ve seen a lot of stuff, not entire 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 entire costs. But those costs sometimes are very substantial on relationships at the finish of the day.

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

She applied for the program and was accepted in 2014 but opted to delay a brace 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 practice belt exam; LLLT professional responsibility exam; and 3,000 hours working as a paralegal or legal assistant supervised by an attorney. White said she took an advanced paralegal core competency exam to avoid taking some classes.

It was difficult to equilibrium classes, toil and raising her family as a sole mom, she said. White too squeezed in time to toil with attorneys to gain some more relish 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 exist 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 requisite attorneys, just someone to aid them with paperwork, and that’s where LLLTs forward in.

“There’s plenty of toil to proceed 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 toil 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 requisite to exist this complicated.”


Washington situation moves around UPL, using legal technicians to aid immediate 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 Take on her first law client. By then, the Auburn, Washington, resident will own completed her studies and taken the situation licensing examination. Provided she passes, she will start practicing right away.

    Cummings' Story could exist that of any number of fresh 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 exist licensed by the situation to provide legal counsel and assistance to clients in certain areas of law without the supervision of a lawyer.

    The first practice belt in which LLLTs will exist licensed is domestic relations. Cummings and 14 others own taken the required courses and will sit for a licensing examination in March. The situation will start licensing those who pass in the spring.

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

    "I dote the thought of being piece of a firm," Cummings says. "If Loretta were to retire, then I own the option of hanging my own shingle. I dote that idea, knowing that I'm pile an occasion where I wouldn't own to find a fresh job."

    A paralegal since 1998, Cummings is too excited about having clients of her own. "Paralegals tend to multitask. I'll fetch to finally sit down at my desk, focus on the client and attain 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 nascence to explore it. fresh York has sidestepped licensing and is already allowing nonlawyers to provide legal assistance in limited circumstances while too looking to expand their use.

    In its January 2014 final report, the ABA job compel 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 exist one of the concepts that will exist addressed by the commission," Hubbard says, noting that his appointees to the 28-member commission include both Barbara A. Madsen, chief justice of the Washington Supreme Court, which promulgated the LLLT rule, and Paula Littlewood, executive director of the Washington situation Bar Association, which administers the LLLT program.

    "The states are the laboratories of invention," Hubbard adds. "This is a safe instance of that. I contemplate there is growing acceptance by regulators and private practitioners of law that they requisite to attain things differently."

    Proponents maintain there is simply no other route to address the justice gap in the United States. They cite multiple situation 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 practice obtain it impossible for lawyers to tender 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 toil by lawyers, there is quiet a gaping pocket in their system of providing legal services to the destitute and people of limited means," says fresh York Court of Appeals Chief judge Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

    "We requisite to contemplate out of the box and study at every feasible avenue for filling this justice gap," Lippman says. "You can fetch nonlawyers who are experts in a particular belt of legal assistance and who can exist more efficient 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 speak at a Harvard Law School forum, he invited her to fresh York to testify before his job compel to Expand Access to Civil Legal Services.

    "There is an exigent requisite 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 elect 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 requisite the equivalent of nurse practitioners and other non-MD health saturate providers. They requisite non-JD legal providers who can perform simpler legal toil at much lower cost and thereby fill an stupendous piece of the gaping legal requisite in this state."

    In May 2013, Lippman appointed a committee with the specific saturate of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the exhaust of nonlawyers in housing, elder law and consumer credit cases—areas where as many as 90 percent of litigants in the fresh 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 scope of assistance, from generic information given at aid desks to one-on-one aid completing legal forms and assisting in settlement negotiations.

    Navigators may too escort unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to retort questions from the judge and to provide the litigants "moral support."

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

    "Perhaps they requisite to Take a leaf from the medical profession, which has long recognized that people with health problems can exist helped by a scope of assistance providers with far less training than licensed physicians," Lippman said in announcing the initiatives during his 2014 situation of the judiciary address. "We entire accept that. Why not the same 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 fresh York. He came into the program through a summer internship sponsored by Skadden, Arps, Slate, Meagher & Flom. Sharma's full-time toil in the housing court eventual summer earned him an award for outstanding volunteer service.

    By contrast, the Washington program under which Cummings hopes to exist licensed looks surprisingly similar to situation schemas for attorney licensing and oversight.

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

    The Washington Supreme Court created the LLLT program on June 15, 2012, with its promulgation of Admission to practice 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 certain limited legal and law-related activities holds pledge to aid reduce the smooth of unmet requisite for low- and moderate-income people who own relatively uncomplicated family-related legal problems and for whom some smooth of individualized advice, back and guidance would facilitate a timely and efficient outcome," the court said.

    image

    Graphic by Jeff Dionise

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

    The court, however, was concerned that simply defining law practice would not exist 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 generic Rule 25, creating a practice of Law Board to "make recommendations regarding the circumstances under which nonlawyers may exist involved in the delivery of certain types of legal and law-related services." The court named Crossland chair.

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

    These findings dovetailed with the toil of the board and helped spur it to propose a rule authorizing legal technicians, Crossland says. "We called it a legal technician rule, but I contemplate a better route 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 situation Bar Association. The response was, perhaps, predictable: The board voted to combat it. Still, board members left the door open for the POLB to revise the rule and recur 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 situation 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 combat 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 situation bar, which remained opposed to the proposed rule. This version too changed the designation from "legal technician" to "limited license legal technician." In June 2012, the supreme court finally voted to certify the rule, efficient Sept. 1, 2012.

    "The licensing of limited license legal technicians will not immediate the justice gap identified in the 2003 civil legal needs study," the court says in its order. "Nor will it decipher the access-to-justice pass 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 requisite 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 exist free to set their own fees and toil 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 exist authorized to aid clients prepare and review legal documents and forms; counsel them on other documents they may need; clarify legal procedures and proceedings, including procedures for service of process and filing of legal documents; and gather apposite facts and clarify their significance. They may too perform legal research, but only if the toil is approved by a Washington lawyer.

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

    To become an LLLT, an applicant must own 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 practice belt in which they search to exist licensed. For family law, the only approved practice 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 too must own 3,000 hours of substantive law-related toil relish supervised by a licensed lawyer.

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

    Once licensed, LLLTs will exist topic to a regulatory framework similar to that for lawyers. They will exist 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, faultfinding NEEDS Down the Pacific coast, situation Bar of California officials own been paying immediate attention to Washington's program. In March 2013, the bar appointed a Limited License Working Group to study at whether California should adopt a similar legal technician program. After a series 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 situation bar president, chaired that working group and believes the requisite for alternative licensing models is unavoidable given the pass in the delivery of legal services.

    "The fact is that the justice gap has grown exponentially in the eventual several years," says Holden, a Los Angeles-based colleague at Lewis Brisbois Bisgaard & Smith. "Since the 2008 recession, more than 6 million Californians own 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 theatrical reductions in IOLTA programs, a principal source of legal services funds.

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

    California should commission 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 topic to strict requirements for education, relish and examination.

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

    Joseph L. Dunn, former situation bar executive director, agrees. He sides with those who wrangle the economics of law practice obtain it impossible for lawyers to saturate prices most consumers can afford. "This is not just a problem for the poor—it's gone beyond the destitute to the middle class."

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

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

    OTHER STATES The thought of authorizing nonlawyers to provide limited legal services has percolated for years. In the early 1990s, both California and Oregon appointed job forces to deem limited licensing. Washington already has a profile of limited practice, the "limited practice officer," approved in 2009 to aid 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 own captured their attention and spurred fresh interest in nonlawyers as a partial solution.

    "We own received a flurry of interest from other states that are looking at this," says Paula Littlewood, the Washington bar's executive director. "People instruct 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, fresh Mexico and California, and I've too spoken to fresh 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 vary itsy-bitsy from paralegals and want the competency to ply tangled legal matters without an attorney's supervision.

    Typical of this view was the testimony presented by Seattle family attorney 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 obtain us feel that we're doing something good, but entire we're providing is access to injustice, because the class of individuals described is not going to own the competency to actually attain for the destitute what needs to exist done," Edlund said. "Just because you're destitute doesn't matter your legal problems are simple."

    Opponents in California raised similar concerns. In a Feb. 1, 2013, letter 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 forward to him to fix toil done by independent paralegals and document preparers who own no attorney supervision.

    "The situation bar proposal now under consideration would simply give the veneer of legality to these unauthorized, ill-trained practitioners who attain 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 own limited impact. While it is complicated and potentially costly for a situation to set up and administer a limited licensing scheme, there is no guarantee that LLLTs will obtain any measurable gain in closing the justice gap, or even that they will saturate affordable fees for their services, some say.

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

    But Littlewood believes LLLTs will exist able to back 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 back LLLT rates low, she argues. "If they saturate near what a attorney charges, the consumer will proceed to a lawyer."

    Hadfield believes licensing nonlawyers solitary will own only minimal impact in addressing the requisite for legal services. To obtain LLLT practice economical requires economies of scale, she argues, and that can exist achieved only if private companies are allowed to provide legal services.

    "Suppose LegalZoom or Rocket attorney could hire LLLTs and own 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, entire based on protocols developed by lawyers and by the company," says Hadfield, who sits on LegalZoom's Legal Advisory Council. "That's the route you significantly reduce the gap. Then the LLLT can exist hired at lower cost."

    Hadfield further believes situation regulation, not bar licensing, is the better route to expand legal services while quiet protecting consumers. "I don't contemplate the bar and situation supreme courts are set up to attain the kind 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 too 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 appreciate that my boss is embracing it," Cummings says. "She is giving me the occasion to better myself and the occasion to aid people. That's a gift.

    "I study at this primarily as an occasion to aid people," she adds. "That's really what it's entire about."

    Meanwhile, in California, the lot of the LLLT remains uncertain. But former situation bar executive director Dunn maintains that something must exist done to address the unmet requisite 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 requisite is not shrinking, it's growing. They as a profession own to deal with this."

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

    Sidebar Among recent initiatives across the states: • The Connecticut Bar Association's job compel on the Future of Legal Education and Standards of Admission issued a June 2014 report recommending the situation modify its practice rules "so that nonlawyers exist permitted to tender some basic legal services to the public."

    • The Oregon situation Bar convened a job compel on Limited License Legal Technicians in 2013. A final report and recommendation was expected before the finish of eventual year.

    • The Committee on Professional Responsibility of the fresh York City Bar Association issued a June 2013 report applauding the exhaust 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 job compel 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 own been quoted as saying: “Suppose LegalZoom or Rocket attorney could hire LLLTs … .”

    The ABA Journal regrets the error.

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



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