PROFESSIONAL RESPONSIBILITY Flashcards
What is the General Scope of permitted practice for LLLT’s authorized in APR 28F
The Limited License Legal Technician shall ascertain whether the issue is within the defined practice area for which the LLLT is licensed. If it is not, the LLLT shall not provide the services required on this issue and
shall inform the client that the client should seek the services of a lawyer.
If the issue is within
the defined practice area, the LLLT may undertake the following:
(1) Obtain relevant facts, and explain the relevancy of such information to the client;
(2) Inform the client of applicable procedures, including deadlines, documents which must be filed, and the anticipated course of the legal proceeding;
(3) Inform the client of applicable procedures for proper service of process and filing of legal documents;
(4) Provide the client with self-help materials prepared by a Washington lawyer or approved by the Board that contain information about relevant legal requirements,
case law basis for the client’s claim, and venue and jurisdiction requirements;
(5) Review documents or exhibits that the client has received from the opposing party, and explain them to the client;
(6) Select, complete, file, and effect service of forms that have been approved by the State of Washington, either through a governmental agency or by the
Administrative Office of the Courts or the content of which is specified by statute; federal forms; forms prepared by a Washington lawyer; or forms approved by the Board; and advise the client of the significance of the selected forms to the client’s case;
(7) Perform legal research;
(8) Draft letters setting forth legal opinions that are intended to be read by persons other than the client, and draft documents beyond what is permitted in paragraph
(6), if the work is reviewed and approved by a Washington lawyer;
(9) Advise a client as to other documents that may be necessary to the client’s case,
and explain how such additional documents or pleadings may affect the client’s
case;
(10) Assist the client in obtaining necessary documents or records, such as birth, death,
or marriage certificates.
Conditions Under Which A Limited License Legal Technician May Provide Services
A Limited License Legal Technician must have a principal place of business having a physical street address for the acceptance of service of process in the
State of Washington;
(2) A Limited License Legal Technician must personally perform the authorized services for the client and may not delegate these to a nonlicensed person.
Nothing in this prohibition shall prevent a person who is not a licensed LLLT from performing translation services;
What must a LLLT do Prior to the performance of the services for a fee?
Prior to the performance of the services for a fee, the Limited License Legal Technician shall enter into a written contract with the client, signed by both the
client and the Limited License Legal Technician, that includes the following provisions:
(a) An explanation of the services to be performed, including a conspicuous statement that the Limited License Legal Technician may not appear or represent the client in court, formal administrative adjudicative
proceedings, or other formal dispute resolution process or negotiate the client’s legal rights or responsibilities, unless permitted under GR 24(b);
(b) Identification of all fees and costs to be charged to the client for the services to be performed;
(c) A statement that upon the client’s request, the LLLT shall provide to the client any documents submitted by the client to the Limited License Legal Technician;
(d) A statement that the Limited License Legal Technician is not a lawyer and may only perform limited legal services. This statement shall be on the first page of the contract in minimum twelve-point bold type print;
(e) A statement describing the Limited License Legal Technician’s duty to protect the confidentiality of information provided by the client and the Limited License Legal Technician’s work product associated with the services sought or provided by the Limited License Legal Technician;
(f) A statement that the client has the right to rescind the contract at any time
and receive a full refund of unearned fees. This statement shall be
conspicuously set forth in the contract; and
(g) Any other conditions required by the rules and regulations of the Board.
What should the LLLT do if the services requested are beyond the LLLT’s Scope of Practice?
A Limited License Legal Technician may not provide services that exceed the scope of practice authorized by this rule and shall inform the client, in such
instance, that the client should seek the services of a lawyer.
What should a document prepared by a LLLT include?
A document prepared by an LLLT shall include the LLLT’s name, signature, and
license number beneath the signature of the client.
What acts are Prohibited for a LLLT
In the course of dealing with clients or prospective clients, a Limited License Legal Technician shall not:
(1) Make any statement that the Limited License Legal Technician can or will obtain special favors from or has special influence with any court or governmental
agency;
(2) Retain any fees or costs for services not performed;
(3) Refuse to return documents supplied by, prepared by, or paid for by the client, upon the request of the client. These documents must be returned upon request even if there is a fee dispute between the Limited License Legal Technician and the client;
(4) Represent or advertise, in connection with the provision of services, other legal titles or credentials that could cause a client to believe that the Limited License Legal Technician possesses professional legal skills beyond those authorized by the license held by the Limited License Legal Technician;
(5) Represent a client in court proceedings, formal administrative adjudicative proceedings, or other formal dispute resolution process, unless permitted by GR
24;
(6) Negotiate the client’s legal rights or responsibilities, or communicate with another person the client’s position or convey to the client the position of another party, unless permitted by GR 24(b);
(7) Provide services to a client in connection with a legal matter in another state, unless permitted by the laws of that state to perform such services for the client;
(8) Represent or otherwise provide legal or law-related services to a client, except as
permitted by law, this rule or associated rules and regulations;
(9) Otherwise violate the Limited License Legal Technician Rules of Professional Conduct.
Professional Responsibility and Limited License Legal Technician-Client
Relationship
Limited License Legal Technicians acting within the scope of authority set forth in this rule shall be held to the standard of care of a Washington lawyer.
(2) Limited License Legal Technicians shall be held to the ethical standards of the Limited License Legal Technician Rules of Professional Conduct, which shall
create an LLLT IOLTA program for the proper handling of funds coming into the possession of the Limited License Legal Technician.
(3) The Washington law of attorney-client privilege and law of a lawyer’s fiduciary responsibility to the client shall apply to the Limited License Legal Technician client relationship to the same extent as it would apply to an attorney-client relationship
Issues Beyond the Scope of Authorized Practice. A
An LLLT has an affirmative duty under APR 28(F) to inform clients when issues arise that are beyond the authorized scope of the LLLT’s practice. When an affirmative duty under APR 28(F) arises, then the LLLT shall inform the client in writing that:
1. the issue may exist, describing in general terms the nature of the issue;
2. the LLLT is not authorized to advise or assist on this issue;
3. the failure to obtain a lawyer’s advice could be adverse to the client’s interests;
and
4. the client should consult with a lawyer to obtain appropriate advice and documents necessary to protect the client’s interests.
After an issue beyond the LLLT’s scope of practice has been identified, if the client engages a lawyer with respect to the issue, then an LLLT may prepare a document related to the issue only if a lawyer acting on behalf of the client has provided appropriate documents and written instructions for the LLLT as to whether and how to proceed with respect to the issue.
If the client does not engage a lawyer with respect to the issue, then the LLLT may prepare documents that relate to the issue if:
- The client informs the LLLT how the issue is to be determined and instructs the LLLT on how to complete the relevant portions of the document, and
- Above the LLLT’s signature at the end of the document, the LLLT inserts a statement to the effect that the LLLT did not advise the client with respect to any issue outside of the LLLT’s scope of practice and completed any portions of the document with respect to any such issues and the direction of the client.
The LLLT may proceed in the manner described above only if no other defined prohibitions apply.
Define Domestic Relations as it pertains to a LLLT
Domestic Relations, Defined. For the purposes of these Regulations, domestic relations shall include only:
(a) child support modification actions,
(b)dissolution actions,
(c) domestic violence actions, except as prohibited by
Regulation 2(B)(3),
(d) committed intimate domestic relationship actions only as they pertain to parenting and support issues, (e) legal separation actions,
f)major parenting plan modifications when the terms are agreed to by the parties before the onset of the representation by the LLLT,
(g) minor parenting plan modifications,
(h) parenting and support actions,
(i) paternity actions, and
(j) relocation actions, except as prohibited by Regulation 2(B)(3).
What is the Scope of Practice for Limited License Legal Technicians
Domestic Relations.
LLLTs in domestic relations may provide legal services to clients as provided in APR 28(F), except as prohibited by APR 28(H) and Regulation 2(B)(3).
Unless
an issue beyond the scope arises or a prohibited act would be required, LLLTs may advise and assist clients (1) to initiate and respond to actions and
(2) regarding motions, discovery, trial preparation, temporary and final orders, and
modifications of orders.
What are the additional Prohibited Acts?
In addition to the prohibitions set forth in APR 28(H), in the course of dealing with clients or prospective clients, LLLTs licensed to practice in domestic relations:
a. shall not represent more than one party in any domestic relations matter;
b. shall not provide legal services:
i. in defacto parentage or nonparental custody actions; and
ii. if 25 U.S.C. Chapter 21, the Indian Child Welfare Act, or RCW 13.38, the Washington State Indian Child Welfare Act, applies to the matter;
c. shall not advise or assist clients regarding:
i. division of owned real estate, formal business entities, or retirement assets that require a supplemental order to divide and award, which includes division of all defined benefit plans and defined contribution plans;
ii. bankruptcy, including obtaining a stay from bankruptcy;
iii. disposition of debt and assets if one party is in bankruptcy or files bankruptcy during the pendency of the proceeding unless: (a) the LLLT’s client has retained a lawyer to represent him/her in the bankruptcy, (b) the client has consulted with a lawyer and the lawyer has provided written instructions for the LLLT as to whether and how to proceed regarding the division of debts and assets in the domestic relations proceeding, or (c) the bankruptcy has been discharged;
iv. anti-harassment orders, criminal no-contact orders, anti-stalking orders, and sexual assault protection orders in domestic violence actions;
v. jointly acquired committed intimate relationship property issues in committed intimate domestic relationship actions;
vi. major parenting plan modifications unless the terms were agreed to by the parties before the onset of the representation by the LLLT;
vii. the determination of Uniform Child Custody Jurisdiction and Enforcement Act issues under RCW 26.27 or Uniform Interstate Family Support Act issues under RCW 26.21(A) unless and until jurisdiction has been resolved.
viii. objections to relocation petitions, responses to objections to relocation petitions, or temporary orders in relocation actions;
ix. final revised parenting plans in relocation actions except in the event of default or where the terms have been agreed to by the parties.
d. shall not appear or participate at the taking of deposition; and
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e. shall not initiate or respond to an appeal to an appellate court
Define the words of authority: May, Should, and Must
(a) “May” means “has discretion to,” “has a right to,” or “is permitted to.”
(b) “Must” or “shall” means “is required to.”
(c) “Should” means “recommended but not required
Professional Responsibility and Limited License Legal Technician-Client Relationship
(1) Limited License Legal Technicians acting within the scope of authority set forth in this rule shall be held to the standard of care of a Washington lawyer.
(2) Limited License Legal Technicians shall be held to the ethical standards of the Limited License Legal Technician Rules of Professional Conduct, which shall
create an LLLT IOLTA program for the proper handling of funds coming into the possession of the Limited License Legal Technician.
(3) The Washington law of attorney-client privilege and law of a lawyer’s fiduciary responsibility to the client shall apply to the Limited License Legal Technicianclient relationship to the same extent as it would apply to an attorney-client relationship.
