[WSBAPT] UW Tax LL.M student offering FREE assistance to estate planners

[Tara]

I hate to be Debbie Downer, but "volunteer" students have to be part of an
official school program, like an internship or externship, usually for
school credit.  A student can't arrange this directly with a private law
firm on their own.  We've discussed this quite a bit on another listserv for
solo practitioners.

 

Private law firms can't have volunteer student workers because the student
is usually considered an employee and you can't have volunteer employees b/c
it violates labor laws and the Fair Labor Standards Act.  To be an intern or
trainee, there are a list of criteria.

http://www.lni.wa.gov/WorkplaceRights/files/UnpaidInternshipsFactSheet.pdf

 

The biggest stumbling block is that the business must not derive any
immediate advantage from the activities of the student.  Most work performed
by a volunteer law student will run afoul of this criteria.  The title or
willingness of the student isn't what is important, but what they are doing
in the position at the firm.  If the work provides value to the firm, no
matter how small, it must be compensated.

 

An example I came across in past research on this issue was that if the
student came in to the office and read old briefs or client files that have
already been completed or closed by the
attorney and the attorney will not use the student's input or feedback in
any way for the case, but only as a discussion tool to teach the student
about that aspect of practicing law, then maybe the student doesn't need to
be paid. (This was allowed in California, Washington may be stricter.)
However, if the student performs any work that may be viewed as providing
value or benefit to anyone in the firm, even just opening the mail, making
coffee, filing, research, or reading briefs and talking about them with the
attorney as they are worked on, then the student must be paid.

The work study program can be a good option for this type of position and
one that I have used to hire law students to perform clerical work.  The
student does need to qualify as it is type of financial aid and the lawyer
has to do payroll along with all the Federal & State filings (unemployment,
L&I, social security), enroll as a work study employer with the state,
complete the work study time cards each week, and observe the work study
limitations on the student's hours.  But the firm and the student work out
all the position details between each other and there's no need for class
credit or intern/extern program enrollment or certification.  Payroll is the
biggest drawback.

I know that training a student can often be more trouble than the effort you
may get back in return.  It may feel more like a "community service" or
mentoring relationship than a true employer-employee relationship where
valuable services are exchanged for wages.  The mentoring-future-lawyers
aspect of work study is one characteristic that draws me back to hiring
students as law clerks.  BUT the labor laws are pretty strict and a little
good will or doing a favor for a student can come back to bite you.

Let's be careful out there.


Tara M. Roberts

Puget Sound Law

roberts at pugetsoundlaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sandra Perkins
Sent: Wednesday, February 11, 2015 2:44 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] UW Tax LL.M student offering FREE assistance to estate
planners

 

Hello, all!  I am forwarding the e-mail below from Robin Andrews, who is a
very bright and delightful LLM student at UW.  I think she would be very
helpful to anyone who contacts her!  Sandra Perkins

 

I am a full-time student in the UW's Tax LL.M program and looking to see the
inside of an estate planning practice before I graduate in December 2016. I
gained top marks in law school in England and I am preparing to sit for the
Washington bar in February 2016.

I am currently able to help out 1-2 days a week, and I will be available
full-time this summer. I would like to trade my excellent research and
organizational skills for unpaid legal experience!

Please contact me if you are interested: robin.d.andrews at gmail.com
<mailto:robin.d.andrews at gmail.com> 

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