The Regulation
Committee of WSPA has been
considering the possibility of paralegal
regulation for a number of years, tracking
what is done in other states, and following
new developments in Washington which may
affect the regulation of paralegals.
The WSPA Regulation Committee, under the
direction of the WSPA Board of Directors,
conducted a survey of WSPA members in the
Fall of 2004. From those survey results,
the WSPA Regulation Committee drafted a "WSPA
Position Statement on the Expansion and Regulation
of Non-Lawyer Practice" and also a proposed
form of a "Washington State Limited
Practice Paralegal Rule" which were
presented to the WSPA Board for its approval
on March 3, 2005. WSPA's position statement
and proposed form of Limited Practice Paralegal
Rule were approved by the WSPA Board have
now been provided to the Practice of Law
Board for its review and consideration.
Although there are currently no formal proposals
for paralegal regulation in Washington State,
WSPA is aware that the Washington
State Practice of Law Board (POLB) plans to issue a framework
for a proposed rule on the delivery of legal
services by nonlawyers in the Spring of
2005,
with a series of public hearings and comment
periods expected to be offered during the
Summer of 2005. WSPA will be monitoring this
issue closely and will keep its members informed
of any significant changes in this important
subject affecting Washington State.
WSPA Position Statement to the Practice
of Law Board:
To read WSPA's Position Statement (March 3, 2005) on the Expansion
and Regulation of Non-Lawyer Practice click
here.
To read WSPA's proposed form of "Washington State Limited Practice
Paralegal Rule"
click here.
To read WSPA's Response Letter (May 25, 2005) to the POLB's Draft Admission
to Practice Rule click
here.
Contrast with Arizona Legal Document Preparer
Rule
In contrast to WSPA's proposal, the State
of Arizona approved a Legal Document Preparer's
Rule, under which Certified Legal Document
Preparers are currently providing legal
and law-related services directly to the
public.
Some Certified Legal Document Preparers
may have worked as traditional or independent
paralegals. As of July 1, 2004, there were
508 Certified Legal Document Preparer's
in
Arizona.
WSPA has serious concerns about the adoption
of this type of rule and its implementation
here in Washington State. While our proposal
varies significantly to that of Arizona's,
we provide the following information so that
our members and other interested parties
may more easily compare and contrast both
models.
See the following links for more information
on the Arizona style rule.