Washington Lawyer - September 2019 - 22

The [D.C. Access to Justice] Commission
recommends that the District explore
the use of nonlawyers and other allied
professionals in addressing legal and
other needs, including navigator-type
programs.
NANCY DRANE
D.C. Access to Justice Commission

Krantz applauds Washington for devising an alternative method for providing
legal services, but he questions whether the LLLT model would meet the needs
of the District. "The model imposes very rigid and expensive qualifying requirements. While some of the requirements are needed to protect the public,
others, in my view, go well beyond what is necessary," Krantz argues.
In addition to the educational and examination requirements, LLLT applicants
must accumulate 3,000 hours of substantial law-related experience as a paralegal or legal assistant under lawyer supervision. Those hours must be acquired
no more than three years prior to or 40 months after passing the practice area
exam. In Utah, LPPs must log 1,500 hours of substantial law-related experience
within three years prior to the application.
While these exacting requirements cost less than a law degree, many LLLTs and
LPPs find that they need to charge rates sufficient to offset the debt they took
on to obtain their license.
"While less than the normal fees lawyers charge, LLLT fees still average about
$100 an hour and often exceed that amount," Krantz says.
Priscilla Selden of Wenatchee, Washington, the second person to become an
LLLT in the state, started her practice in 2015. Previously, she was a paralegal for
25 years. A member of Washington's Practice of Law Board between 2009 and
2012, Selden was on the committee that wrote the rules for LLLTs. Although her
fees are not fixed in writing, she says her services cost about a third of what
lawyers charge.
"I do flat fees as opposed to hourly because I think it's more understandable for
clients and a bit kinder to them," Selden says. "The clients know what it's going
to cost, which takes away some of the anxiety of wondering if they are going to
run up a huge bill. We have a very consumer-focused ethos."
Selden gets clients through her contacts with a local nonprofit volunteer lawyer
program, her work as a courthouse facilitator, and through referrals from other
attorneys. "It's been a progression," she says. "But now, I'm pretty busy. I have
maybe four or five clients in my solo practice at any given time."
It's important to mention that the cost of living in Wenatchee is significantly
lower than that in Washington, D.C. "The challenge for LLLTs to work in the
District might be finding opportunities where they can earn a high enough
income to pay whatever student debt [they have] and afford the expense of
living in D.C.," says Patrick McGlone, former D.C. Bar president and senior vice
president, general counsel, and chief compliance officer at Ullico Inc.

22 WASHINGTON LAWYER

SEPTEMBER 2019

In a September 2018 article in the online ABA Journal, McGlone cited a March
2017 study by the National Center for State Courts and the American Bar
Foundation that found general client satisfaction with LLLTs. But the study also
found that "the experience of . . . LLLTS to date has not been especially encouraging in terms of viable business models when operating as a pure full-time
LLLT practice."
"Washington State, Utah, and other jurisdictions are to be commended for
experimenting with new models of delivering at least limited legal services by
nonlawyers, subject to certain educational requirements and disciplinary oversight. After a period of refinement and growth, the licensed legal technician
model may mature into a potent solution to the access-to-justice gap,"
McGlone wrote. "In some jurisdictions, the model may grow to the point of
sustainability. . . . In other states, the model may not be an effective solution,
but given the persistence of the access-to-justice challenge, we must remain
open-minded about this innovative approach."
McGlone says one reason LLLTs and LPPs work in Washington State and Utah is
that they serve more rural areas where the ratio of lawyers is significantly less
than the general population.
Steve Crossland, a lawyer based in Cashmere, Washington, concurs. One of the
main architects of the LLLT program, he argues that Washington State's accessto-justice crisis stems largely from fewer people entering and graduating from
law schools there. "About half of the Washington State Bar Association consists
of baby boomers like me," Crossland says. "And many of us are retiring. That
shrinking number of practicing lawyers has caused a crisis."
Krantz notes that because of the District's high cost of living, many DCALF
clients struggle to pay its already reduced fees. "There are over 100,000 people
in the District who fall within the 200 percent to 400 percent federal poverty
level. As an example, the annual income level for an individual at 200 percent of
the federal poverty level is $24,280, and $48,500 at 400 percent. DCALF charges
$75 an hour for its legal services," Krantz explains. "We learned very quickly that
most of our clients cannot afford to pay even that rate. If we are going to add
'limited' nonlawyer services in D.C. to address the reality of the needs here, we
have to develop a program that provides opportunities and incentives for qualified nonlawyers to provide services at a much lower cost."
James Sandman, president of the Legal Services Corporation, says District residents may be leery of LLLTs because of the very nature of their practice. "Let's
start with the title they gave the position - limited licensed legal technician.

https://www.dcbar.org/

Washington Lawyer - September 2019

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