[WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Tue Jun 23 13:37:11 PDT 2020

Copy of letter per Kerry’s request below.

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Kerry Brink <Kbrink at vjglaw.com>
Sent: Tuesday, June 23, 2020 1:30 PM
To: WSBA Probate & Trust Listserv; ak at seattle-silvalaw.com; gursich at insleebest.com
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

For what it is worth – I will join in.  Students generally study online, so I think that studying for the bar would not have put them at risk for contracting COVID.  And if the testing sites were social-distanced, then that, too, would not have created a danger.  I would like to see the Dean(s?) letter(s) that were so persuasive to the Supreme Court.  They must be somewhere on the listserve.

Best regards,
Kerry
Kerry E. Brink • Attorney at Law

Estate Planning, Probate, Elder Law

Vandeberg Johnson & Gandara, LLP
1201 Pacific Avenue, Suite 1900
PO Box 1315
Tacoma, WA 98401-1315
Office: 253-383-3791
Direct: 253-591-8555
Fax: 253-383-6377
Cell:  253-230-7999

As you would expect, due to COVID-19 concerns, our office is closed and we are all working remotely.  Thank you for your understanding in these unprecedented times.  Please stay safe and take care of yourselves and the people you love.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of sgay at sbglaw-wa.com
Sent: Tuesday, June 23, 2020 8:16 AM
To: ak at seattle-silvalaw.com; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; gursich at insleebest.com
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

I agree with Laurel, Andrekita and Gregory and would sign a group letter if proposed.  Best regards,

Sandi Gay
SANDRA BATES GAY, PS
Attorney at Law
Sandra Bates Gay, PS
23515 N.E. Novelty Hill Rd.
Suite B211-397
Redmond, WA  98053
Ph:  (425) 637-3040
Fax: (425) 952-0156
E-Mail:  sgay at sbglaw-wa.com<mailto:sgay at sbglaw-wa.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Andrekita Silva
Sent: Monday, June 22, 2020 10:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; gursich at insleebest.com<mailto:gursich at insleebest.com>
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Law Office of
F.ANDREKITA SILVA
________________________________________________________________________

.                                                                                      June 22, 2020

Gregory and Laurel,

Although I really like to keep an open mind about testing, and although I wasn't aware that some states had wiped out this requirement so hadn't given it much thought, this seems a little sweeping to me, too.

If there is a letter being circulated that we can sign, please send it to me as I would like to either sign off or write my own.

Maybe I would write my own but attach yours and reference it.  I assume many letters have more impact than one signed by a bunch of people.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
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Quoting Laurel Brown <laurel.brown8385 at gmail.com<mailto:laurel.brown8385 at gmail.com>>:
Gregory,

I for one, would be willing to sign your letter.  I would also be willing to offer up my personal experiences and opinion on this matter, should  you be interested.

Laurel Brown

On Mon, Jun 22, 2020 at 8:09 PM Gregory L. Ursich <gursich at insleebest.com<mailto:gursich at insleebest.com>> wrote:
List serve colleagues:
I, for one, plan to write to the Supreme Court on this issue.  This broad and sweeping decision to exempt all applicants for the summer 2020 bar exams to never have to take the bar in Washington is too broad.  First, bar applicants who previously failed the Washington bar, no matter how many times, are now automatically admitted if signed up for the Summer 2020 exams (July and September).  Second, the last bar exam pass rate was only 49%.  When I took the bar in 1989, the pass rate was only 62%.  I certainly have not followed bar passage rates in Washington, but I think they have varied between about 45% to 75% over the last 30 years.  The exam is a competency measure to protect the public and to ensure a certain level of competency to practice law in Washington.  We are a profession with many technical rules and requirements and the public deserves the protection the bar exam provides.

A more balanced approach could be that the 2020 summer exam applicants are admitted on a provisional basis and can practice law so long as they sit for the bar exam by the summer of 2021.  Their admission to the bar would remain valid until the results are announced for the summer 2021 exam in the fall of 2021.  If they pass that exam their admission continues.  If they fail the bar exam in either the winter of 2021 or summer 2021, then their provisional admission ends until they take the exam again and pass.  This approach balances the effect of the Corona Crisis on studying for and passing the bar exam during the crisis and allows for gainful employment in the interim.  This approach would also protect the public because those who ultimately have a problem passing the exam will not be admitted on a long term basis until they can show their basic competency to practice law.

I understand that this approach of temporary licensing is being used by the Washington State boards that license dentists and pharmacists; similarly it should apply to lawyers.  I encourage each of you to write to the Supreme Court on this important issue for our profession.  –Greg Ursich

[cid:image001.jpg at 01D64961.77E43C30]
Gregory L. Ursich
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Kaitlyn Jackson
Sent: Saturday, June 20, 2020 11:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Thanks, Michael.

It also looks like Dean Clark set the stage to appeal to the Court to consider doing away with the bar exam altogether.

Something to ruminate on, for sure.

Sent from my iPhone

On Jun 19, 2020, at 7:44 PM, msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com> wrote:

Hello Fellow Listservs and RPPT section members:

Below please find an important message from Carla Higginson, WSBA Governor for District 2.

“Colleagues,

As you may recall, I am on the Board of Governors.  I am writing with regard to the Court’s recent decision to allow law school graduates to skip the bar exam this year.  Here is some background. The Board of Governors was approached at our April meeting by law students asking that graduates be allowed to practice without taking the bar exam due to the COVID-19 situation.  The Board voted 12 to 1 not to do so and urged the Court to require that the exam be held.  The exam was scheduled to be held in several locations rather than one, and in both July and September, to minimize travel and associated virus risks by insuring that there was plenty of room in the exam rooms to follow social distancing requirements.   The Board felt that requiring applicants to take and pass the bar exam was important to protect the public and ensure qualified and competent attorneys.  The Court initially accepted this recommendation, but has now reversed itself, apparently in response to a letter from the Seattle University law school dean asking that their graduates be allowed to practice law without taking the bar exam this year.  This letter (copy attached) was sent directly to the Court and I did not know the request had been made until after the Court issued its decision (copy attached), so there was no opportunity to alert members to the request or obtain member comment.

The Court’s decision allows candidates who have previously failed a bar exam or LLLT exam to automatically be granted diploma privileges to practice law as an attorney or LLLT.  However, people who have completed the law clerk (APR 6) program and are registered for the bar exam must still take it, and apparently, so do limited practice officer candidates.

The pass rate statistics are as follows:

For attorney applicants, the Winter 2020 bar exam resulted in approximately 49 percent passage rate, so slightly more than half of all attorney applicants failed.

For LLLT applicants, the Winter 2020 exam was a 40% pass rate (4 passed out of 10).  The Summer 2019 exam was a 25% pass rate (1 passed out of 4).  Over the last four LLLT exams, a total of 8 out of 24 passed.

The Board of Governors is meeting on June 26th in virtual session and the Court’s decision to grant diploma privileges is on the agenda.  It will probably occur about 4 pm.  Unfortunately, there will not be more than about 45 minutes or so to discuss this very important topic, but I invite you to send letters to the Court:  supreme at courts.wa.gov<mailto:supreme at courts.wa.gov> with a copy to me, and I will make sure that your comments are provided to the entire Board.  If you wish to call in to the meeting, the number is  1-888-788-0099 or 1-877-853-5247 and the meeting ID is:  956 2364 5735.

Regards,
Carla J. Higginson
WSBA Governor, District 2”

Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
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<Order Granting Diploma Privilege (004) (002).pdf>
<Letter to WA Supreme Court 6-10-20.pdf>
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