The Washington State Bar Association's (WSBA) Moderate Means Program is a partnership between the WSBA and the law schools at Seattle University, Gonzaga University and the University of Washington. The Program is a statewide reduced-fee lawyer referral service designed to increase access to justice for people of moderate means; that is, residents of Washington State with incomes that fall between 200 and 400% of the federal poverty level (FPL). For example, this translates to providing reduced-fee legal services to a household of one with an annual income up to $21,000, or to a family of four with an annual income up to $89,000.
The WSBA's role in the partnership is to recruit lawyers and provide online training and mentoring opportunities for participating lawyers. Law students will conduct income screening and client intake, and will package relevant information into a referral for participating lawyers.
Benefits for Participating Lawyers
- Provide public service and help close the access to justice gap
- Obtain free referrals to help build your client base
- Learn new skills and expand your practice areas by accessing free or low-cost online trainings
- Access mentoring and peer support opportunities
Eligibility
In order to be eligible to participate in the Moderate Means Program, a lawyer must be an active WSBA member. All lawyers registering for the Moderate Means Program will be subject to a discipline screening. Participating lawyers must carry their own malpractice insurance. For more information about malpractice insurance, contact WSBA Public Service Program Manager Catherine Brown at 206-733-5905.
To update malpractice insurance information, contact the WSBA Service Center at 800-945-WSBA (9722), 206-443-WSBA (9722), or questions@wsba.org.
Registration
Lawyers can login to mywsba.org and register online. Lawyers will be asked to complete a short online registration form. The registration form asks lawyers to provide current contact information; describe the kinds of cases they are willing to take; their desired level of involvement; and provide additional information that will be useful in matching lawyers with potential clients. Lawyers interested in mentoring other lawyers or serving as CLE faculty can also sign up online.
Referrals
Lawyers who have applied online will automatically receive a confirmation email. They will be added to a Moderate Means Program list serve through which WSBA will communicate with participating attorneys. Referrals will begin in late spring 2011. When a service opportunity arises, a law student will contact the Moderate Means Program lawyer with client and case information. Once the lawyer accepts a referral for a Moderate Means Program case, the lawyer and client will be in contact to coordinate a consultation and/or ongoing services. For the purpose of program assessment, the law student will be in touch with both the client and lawyer to gather general case outcome and fee agreement information.
Training
The WSBA will provide free online trainings to participating lawyers. New trainings will be added over time. To receive MCLE credit, lawyers participating in the Moderate Means Program should report CLE attendance through their member profile at www.mywsba.org. The first ethics training is currently available online.
Services and Fees
While Washington state residents of moderate means have many civil legal needs, the Moderate Means Program will limit initial intake and referrals for family, housing, and consumer law issues. These three substantive areas have been identified as the highest need areas for those of moderate means. Lawyers may sign up for the program to provide assistance with other kinds of legal matters. Lawyers may also sign up for the program if they are interested only in providing mentoring for lawyers with less experience. Lawyers can assist clients by providing unbundled services or full representation. Clients for whom referrals are not available will be referred to other resources, including self-help alternatives.
The goal of the Moderate Means Program is to recruit lawyers willing to provide legal assistance at a reduced rate. The determination about how much a lawyer will charge a client referred by the Moderate Means Program will be decided upon between the lawyer and client. The law student will help the client determine where they fall on the Federal Poverty Level, and will send that information to the participating lawyer as part of the referral package. Neither the WSBA nor the law schools will be involved in setting, monitoring or enforcing fee structures. Lawyers are encouraged to reduce their normal fees depending on the client's income. Using the Federal Poverty Level, the WSBA has created the following reduced fee scale as a guideline for participating lawyers. These are recommendations only:
Client income 0–200% FPL: Pro Bono*
Client income 200–250% FPL: Reduce fee by 75%
Client income 250–350% FPL: Reduce fee by 50%
Client income 350–400% FPL: Reduce fee by 25%
*Clients with incomes below 200% of the federal poverty level will be screened by an Alliance for Equal Justice agency. If the client cannot obtain free representation through the Alliance, the Moderate Means Program may attempt to find an attorney willing to provide pro bono or reduced-fee assistance.Fees may be determined on a case-by-case basis and agreed upon between the participating lawyer and client.
Participating lawyers are encouraged to reduce their regular fee in accordance with a client's ability to pay. Any agreed-upon fees between participating lawyers and their clients are subject to the requirements of RPC 1.5.
Conflicts of Interest Checks
Lawyers participating in the Moderate Means Program are responsible for conducting a conflicts of interest check in a manner consistent with their normal practice. The Moderate Means Program will not conduct any conflicts checks on behalf of participating lawyers. If a lawyer has a conflict with a client referred by the Moderate Means Program, the lawyer should inform the law school of the conflict and encourage the client to contact the law student with whom they have been working for an alternate referral.
Commitment
Each lawyer participating in the program is encouraged to accept at least one case and/or serve as a mentor to a less experienced lawyer who has accepted a referral through the Moderate Means Program. Law students will follow up with participating lawyers throughout the representation to collect general case outcome and fee agreement information. The Moderate Means Program will use this statistical information to highlight successes and identify areas for improvement.
A Culture of Service
Many lawyers went to law school to serve. The WSBA is committed to bringing enhanced services, like the Moderate Means Program, to our members and also to provide avenues for lawyers to give back to the communities of which they are such an integral part.
Questions?
Please contact WSBA Public Service Program Manager Catherine Brown at 206-733-5905.