Similar
to
regulatory
reform
initiatives
in
Utah
and
Arizona,
the
Washington
Supreme
Court
has
entered
an
order
approving
a
pilot
program
that
will
allow
companies
and
nonprofits
that
are
not
owned
by
lawyers
to
provide
legal
services
under
carefully
monitored
conditions.
The
court’s
order
(Order
25700-B-721),
entered
Dec.
5,
approves
a
framework
proposed
by
the
Supreme
Court’s
Practice
of
Law
Board
and
the
Washington
State
Bar
Association
for
a
data-driven
regulatory
reform
pilot,
and
directs
those
bodies
to
collaborate
in
setting
up
the
program.
The
pilot
will
last
for
10
years
from
the
date
the
first
entity
is
approved
to
participate.
“This
Court
has
determined
that
a
pilot
project
to
test
entity
regulation
under
the
proposed
Framework
will
assist
the
Board,
the
WSBA,
and
this
Court
in
determining
whether
entity
regulation
will
increase
access
to
justice
by
enhancing
access
to
affordable
and
reliable
legal
and
law-related
services
consistent
with
protection
of
the
public,
and
whether
entity
regulation
will
create
risks
of
consumer
harm,
regulatory
challenges,
or
other
risks
that
would
serve
as
barriers
to
implementing
reform,”
said
the
order,
signed
by
Chief
Justice
Steven
González.
The
pilot
creates
an
exception
to
Rule
5.4
of
the
Washington
Rules
of
Professional
Conduct,
by
which
only
entities
owned
by
lawyers
can
practice
law
and
deliver
legal
services.
It
authorizes
entities
not
owned
by
lawyers,
if
approved,
to
practice
law,
but
under
strict
conditions
that
limit
the
duration
of
their
operations
and
that
require
active
monitoring
and
oversight.
Each
entity
will
be
required
to
appoint
a
compliance
officer
who
will
be
responsible
for
ensuring
the
entity’s
adherence
to
the
court’s
authorizing
order
and
applicable
ethical
rules,
and
for
reporting
data
on
the
entity’s
operations
to
the
WSBA.
A
key
focus
of
the
pilot
is
on
collecting
data,
the
court’s
order
says.
“The
purpose
and
focus
of
this
pilot
project
are
to
collect
data
and
information
to
inform
reform
efforts
related
to
the
regulation
of
the
practice
of
law,
and
more
specifically,
to
rules
and
regulations
governing
entities
engaging
in
activities
whether
or
not
they
constitute
the
practice
of
law.”
The
order
directs
the
WSBA
to
develop
a
complaint
procedure
for
members
of
the
public
to
report
any
alleged
violations
of
the
rules
by
entities
or
their
staff.
If
appropriate
after
investigating
a
complaint,
the
WSBA
would
be
authorized
to
recommend
removal
of
an
entity
from
the
pilot.
Entities
applying
to
participate
in
the
program
would
be
required
to
propose
Each
beta-test
applicant
shall
propose
a
“specific
hypothesis”
regarding:
-
reforming
one
or
more
regulatory
rules
governing
entities
practicing
law
and,
if
applicable,
other
related
rules
and -
that
reform’s
impact
on
the
accessibility
of
legal
services
in
Washington.
Its
proposal
would
also
have
to
specify
a
study
to
test
its
proposed
reform.
“A
lot
has
changed
in
100
years,
but
not
when
it
comes
to
legal
regulation,”
said
WSBA
Executive
Director
Terra
Nevitt
in
a
statement
issued
by
the
bar.
“Now
we
are
at
a
regulatory
crossroads.
The
technology
revolution
is
here,
as
well
as
exciting
new
business
models.
“This
pilot
will
help
us
understand
whether
and
how
we
can
harness
that
innovation
—
with
public
protection
as
our
top
priority
—
to
meaningfully
expand
legal
services
for
Washingtonians.”
The
WSBA
says
that
updates
about
the
logistics,
timing,
and
application
process
for
the
pilot
will
be
posted
at
www.wsba.org/pilot-project.