August 2003

The Practice of Law Board

by Robert D. Welden

It's new. It's unique. And it may have a profound effect on the way legal services are provided and regulated in Washington. It's the Practice of Law Board (PoLB).
 
The PoLB was established by the Supreme Court last year with the adoption of General Rule (GR) 25, and was developed by the WSBA Committee to Define the Practice of Law, which also drafted GR 24, the Definition of the Practice of Law.
 
The purposes of the PoLB are set out in GR 25(a):

to promote expanded access to affordable and reliable legal and law-related services, expand public confidence in the administration of justice, make recommendations regarding the circumstances under which nonlawyers may be involved in the delivery of certain types of legal and law-related services, enforce rules prohibiting individuals and organizations from engaging in unauthorized legal and law-related services that pose a threat to the general public, and to ensure that those engaged in the delivery of legal services in the state of Washington have the requisite skills and competencies necessary to serve the public. 

The aim of the PoLB is to protect the public, not to protect lawyers' turf. GR 25 does this in two ways: by empowering the PoLB to enforce prohibitions on unauthorized practice of law, so as to protect the public from inadequate, incompetent, or dishonest law-related services; and by directing the PoLB to consider expanding and enhancing the availability of affordable and reliable law-related services by nonlawyers, through recommendations to the Washington State Supreme Court. It acts as both "protector" and "facilitator," all under the authority and direction of the Supreme Court.
 
The members of the PoLB come to it with various points of view, backgrounds, experiences, and philosophies. Together, members in their collective wisdom are called upon to make decisions and recommendations. As with any deliberative body, individuals or groups may disagree with decisions made by the PoLB, but ultimately the board is responsible for its decisions, and the Supreme Court can exercise its authority over the PoLB in reviewing board actions. The duty of the PoLB is to resolve each issue before it, then move on to the next, all in the context of its overall mission as defined by GR 25.

What Are the Board's Functions?

The board is charged with three functions:

1. To issue written advisory opinions on the practice of law, including the authority of nonlawyers to provide legal and law-related services.
2. To investigate complaints alleging the unauthorized practice of law.
3. To recommend to the Supreme Court whether nonlawyers should be authorized to engage in activities that otherwise would be defined as the practice of law under GR 24 and, if so, in what areas and under what conditions.

Who Is on the Board?

The PoLB consists of 13 members (PoLB Members), at least four of whom are required to be nonlawyers (GR 25(b)). The Board of Governors and any other interested person or organization may nominate individuals for appointment to the board, and appointments are made by the Supreme Court for three-year terms. The current membership comprises nine lawyers and four nonlawyers from all areas of Washington and from a wide variety of backgrounds and experiences. 

The board is administered by the Washington State Bar Association, which provides funding and staff support, including an administrator and an investigator.

What Is the PoLB Doing?

Most of the issues that have been submitted to the PoLB relate to allegations of unauthorized practice of law. There have also been several requests for advisory opinions on the practice of law. Since it is a new entity, the board spent most of late 2002 and early 2003 developing procedural regulations and systems for carrying out its duties. Its next step is to tackle the issues brought to it.
 
The PoLB is also considering issues relating to nonlawyers in the delivery of legal services. It has already met with representatives of the Access to Justice Board, which recently completed an Unmet Civil Legal Needs Study, and will be meeting with representatives of other groups concerned with the availability and quality of law-related services. One of the issues in any consideration of the role of nonlawyers in the delivery of legal services is the extent to which the current system is failing to meet the legal needs of the populace.
 
The PoLB is entering uncharted waters. Its members are committed to fulfilling its mission as set out in GR 25. They are taking care to see that its course goes smoothly, because the PoLB is setting a precedent important to the citizens of Washington. It is also being watched nationwide as a model in addressing difficult and complex issues relating to the practice of law.
 
The PoLB meets on the second Friday of each month at the WSBA office. Meetings are open to the public, except when the board goes into executive session for discussions on particular complaints and investigations. The meeting schedule, minutes, and 2003 annual report are posted online at www.wsba.org/lawyers/groups/practiceoflaw.

Bob Welden is WSBA general counsel and administrator to the Practice of Law Board.

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