Call to Action!
We have created the following template for anyone interested in writing the Supreme Court. The court is accepting comments from January to April 30, 2021. Objections and Comments can be sent to: P.O. Box 40929, Olympia, Washington 98504-0929, or by email supreme@courts.wa.gov
Hello Friends:
I am writing to ask for your help. We need as many people as possible to write the Supreme Court of Washington to request the reversal of their decision to sunset the LLLT program.
As you may or may not know, there is no right to counsel in civil litigation. If you cannot afford an attorney in a civil case, one will not be appointed to you. In Washington State, there are relatively few legal resources available, outside of retaining an attorney, if you suddenly find yourself with a legal need.
If you cannot afford an attorney, please know that you are not alone! The Civil Needs Study completed by the Washington State Supreme Court in 2015 determined that more than three quarters (76%) of Washingtonians who have a legal problem do not get the help they need. The obvious repercussions of such a large portion of self-represented litigants is extraordinary inefficiency in the legal system and disproportionately successful outcomes for the economically resourceful.
To address this need, on June 15, 2012, Washington State Supreme Court adopted the Limited License Legal Technician program under Admission and Practice Rule 28 (APR 28).The Limited License Legal Technician (LLLT) license was developed to create access to justice for low to moderate income Washingtonians. The LLLT license authorized non-attorneys who meet certain educational and supervisory requirements to advise and assist clients in approved practice areas of law. Washington State was the very first state in the entire nation to develop alternative legal licensing.
Many states have followed Washington’s lead in developing their own alternative legal licenses all over the United States. At present, Arizona, Utah, and Oregon have approved similar programs, and many other states are researching the possibility.
Unfortunately, Washington State was also first in the nation to rescind their alternative legal licensing program. On June 4, 2020, in a 7-2 decision, the Washington Supreme Court decided to sunset the program. Current LLLTs will keep their licenses and will be able to practice law within the scope of that license, however no further licenses will be granted after July 31, 2022.
The Supreme Court made this decision sua sponte (on their own), without public or stakeholder comment. In their brief explanation, the Court cited low participation and high cost of administration as the justification for their decision.
As would be expected, such a rash decision by the Court to sunset the LLLT license was met with outrage by those familiar with the program. It should be noted that the decision was also met with a modicum of glee from certain parties in the legal establishment which had waged a systematic campaign to end the LLLT license since its inception. Unfortunately, because of the program’s miniscule size, the public has remained largely ignorant of the LLLT license of which they were deprived without their input or consent.
Thankfully, whether in response to public pressure or normal procedure, the Court has opened the sunset decision up for public comment. The official comment period takes place from January to April 30th, 2021. We are asking anyone in support of the LLLT license, Access to Justice, Equal Rights or anyone who has ever needed legal help and been unable to afford it, to write a letter to the court. We humbly request the Washington Supreme Court rescind their order sunsetting the LLLT license.
Objections or Comments to the court can be sent to P.O. Box 40929, Olympia, Washington 98504-0929, or by email supreme@courts.wa.gov . Comments submitted by e-mail message must be limited to 1500 words.
When writing the Court, feel free to use the following letter template or edit it at will. In the alternative, feel free to include your own heartfelt letter as to why the LLLT license is so necessary to the promotion of access to justice. Your personal story may have a much larger impact than any research study can create in the mind of the Court. Your letter just might provide the catalyst for the Justices to reverse their decision.
On behalf of licensed LLLTs, LLLT students, and the thousands of litigants that will gain legal assistance because of the LLLT program, we deeply appreciate your support. We can do together what none of us can accomplish alone.
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Possible Letter/Email Template
To: Washington State Supreme Court
(Note: They may get testy if you call them “the Supremes”)
Subject: Order No. 25700-A-1336 - IN THE MATTER OF THE SUGGESTED AMENDMENTS TO APR 4—EXAMINATIONS FOR ADMISSION; NOTIFICATION OF RESULTS; APR 5—RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE; PAYMENT OF MEMBERSHIP FEE; OATH OF ATTORNEY; RESIDENT AGENT; APR 25.1—RESTRICTIONS ON REINSTATEMENT; APR 25.2—REVERSAL OF CONVICTION; APR 25.3—ACTION ON SUPREME COURT DETERMINATION; APR 28 APPENDIX APR 28—REGULATIONS OF THE APR 28 LIMITED LICENSE LEGAL TECHNICIAN BOARD
I urgently request you reverse the decision to sunset the Limited License Legal Technician license. According to Martindale-Nolo Research, the average cost of a dissolution with children in Washington State costs $20,000 per side. Yet, DSHS reports the median income for a one-person household in Washington State equals $50,844 per year. Given the already high cost of housing in our area, average households have little to no hope of affording traditional legal counsel.
LLLTs are highly trained, skilled professionals with the ability to step into the justice gap between individuals in need of pro bono services and those able to afford legal counsel. In other words, most of the citizens in our state.
The fact remains the need for services is urgent. If the existing set of legal services available were adequately assisting the population, then the justice gap would not exist. Unfortunately, the Civil Needs Studies completed by the Washington Supreme Court in 2003 and 2015 present incontrovertible evidence of the need for additional legal resources.
People cannot wait for an additional legal assistance program to be built one day when someone, somewhere gets around to it. People need help now!! The Limited License Legal Technician program took thousands of hours by many different committed legal minds to create. Yet, the Supreme Court of Washington threw all of it away in one afternoon without public comment or consent. If the LLLT program needs additional work, then Washington State should invest the work to fix the issues. This would be a far better use of state resources than scrapping the program in favor of an alternative program that does not exist.
Our current legal system is not cost effective. Clearly, the army of pro se litigants walking through the system without legal advice are not a paragon of judicial efficiency. I shudder to think how many taxpayer dollars are wasted due to inadequately prepared pro se litigants as they attempt to navigate the legal system. A system that is neither user friendly, nor welcoming to the inexperienced. To say nothing of cost to society of inadequately filed protection orders or parenting plans. What is the cost to the child of a parent that receives inadequate support from their ex-spouse? Under the current system, this person is expected to educate themselves on applicable law, negotiate the court system and effectively battle a represented party with inadequate childcare. Frankly, the proposition is absurd.
In a perfect world everyone would have access to an attorney. Unfortunately, that dream has not come to fruition, nor does it appear to be on the immediate horizon. Further, lack of access to justice is not just a problem for our state. Every state in the nation has the same problem and many are emulating Washington in the implementation of alternative legal licensing to fill the need. As these programs become more successful, the alternative legal licensing movement is continuing to pick up steam. Washington State was the first in the nation to implement this type of program. I urge you to remain on the right side of history. Reverse the decision to sunset the Limited License Legal Technician Program!
Very truly yours,
