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

[Roger Hawkes]

This problem is solved by paying minimum wage.  It costs about $11 per hour with taxes.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Tara [mailto:pugetsoundlaw at gmail.com]
Sent: Wednesday, February 11, 2015 3:21 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] UW Tax LL.M student offering FREE assistance to estate planners

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<mailto:roberts at pugetsoundlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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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