[WSBARP] WSBARP Digest, Vol 69, Issue 25

Stephen Whitehouse swhite8893 at aol.com
Tue Jun 23 14:13:14 PDT 2020


     While we may not know all the facts yet on what prompted the SC to change the rules, what we do know is that they initially agreed with the Board of Governors to not suspend the bar exam requirement. Dean Clark then writes a letter to the SC and two days later the rule got changed. I am not aware of any input from any other law school. I am not aware of any input from any other person or entity in that two day period. Interestingly, the courtsuspended APR 3 and 4. It did not suspend APR 1(b) which requires the bar exam. The SC had the power under its own rules to modify a rule in an expedited fashion for "exceptional circumstances" under APR 9(j). But as I read that rule,they still have to comply with APR 9(i) or (h). I have no information they did. So subject to learning more about what occurred, they have violated their own rules. Of course, under case law, they have the inherent power to do as they please.      Even if the SC felt that Dean Clark's letter had substance, the SC could have granted provisional licenses subject to passing a bar exam when it becomes available.      The letter from Dean Clark indicates that the faculty at the Seattle University faculty unanimously supports the idea of a study to determine if the bar exam should be eliminated.       I think there is a great danger in allowing law schools, not just the three in Washington, but all "accredited" law schools from, essentially, determining who is qualified to practice law, that anyone who gets a JD is, per se, qualified. That is certainly a debatable proposition and, arguably, presumptuous. I think what can be safely asserted is that we regularly build into our systems checks and balances. Doing away with the bar exam would eliminate that.       The BOG is meeting this Friday and Saturday(virtually), and this is on Fridays agenda. Our bar association is meeting tomorrow to discuss this. I would encourage bar members to write the BOG and the SC to express their opinions.
Steve Whitehouse

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com


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Sent: Tue, Jun 23, 2020 1:37 pm
Subject: WSBARP Digest, Vol 69, Issue 25

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Today's Topics:

  1. Re: Supreme Court Grants Diploma privilege to LLTs and ABA
      accredited law school grads (Laurel Brown)
  2. Re: [WSBAPT] Supreme Court Grants Diploma privilege to LLTs
      and ABA accredited law school grads (Joshua McKarcher)
  3. Re: [WSBAPT] Supreme Court Grants Diploma privilege to LLTs
      and ABA accredited law school grads (Bryce Dille)
  4. Re: Supreme Court Grants Diploma privilege    to    LLTs    andABA
      accredited law school grads (John McLaughlin)
  5. Re: Supreme Court Grants Diploma    privilege    to    LLTs    andABA
      accredited law school grads (Carla J. Higginson)
  6. Re: Supreme Court Grants Diploma    privilege    to    LLTs    andABA
      accredited law school grads (Joshua McKarcher)
  7. Re: [WSBAPT] Supreme Court Grants Diploma privilege to LLTs
      and ABA accredited law school grads (Mark Vohr)
  8. referral needed (Tim Knowling)
  9. Re: [WSBAPT] Supreme Court Grants Diploma privilege to    LLTs
      and ABA accredited law school grads (nestor at pplsweb.com)
  10. Re: Supreme Court Grants Diploma    privilege    to    LLTs    andABA
      accredited law school grads (Justin Monro)
  11. Lien stripping - referral (Craig Gourley)
  12. Re: [WSBAPT] Supreme Court Grants Diploma privilege to    LLTs
      and ABA accredited law school grads (Joshua McKarcher)


----------------------------------------------------------------------

Message: 1
Date: Tue, 23 Jun 2020 12:05:15 -0700
From: Laurel Brown <laurel.brown8385 at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, "David
    J. Lawyer" <dlawyer at insleebest.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs
    and ABA accredited law school grads
Message-ID:
    <CAOm7W4uONtJvS+Cnt7ifdNus0ePzjtbe7dtL2rq7kdoZ_OQE5w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Gregory,

This is a very short version of my personal experience and opinion as to
why I believe eradicating the attorney bar exam is not the way to go.

I entered law school in my mid-50's, which is another story, but here is
what I would (if you allow) add to a petition:

 I have some mis-givings about this, especially in the light of the basis
for making the request by Annette Clark.

Dean Clark speaks to the recent trauma experienced by those who would be in
a position to be taking the Attorney bar exam.

While I was in law school (remember, graduating in 2-16), I lost several
close family members.  It was traumatic, but I kept compartmenteling my
feelings because classes and studying for exams was the priority.

I took several bar prep classes and was ready to headlong into the exam
process.  Once I received my diploma, however, I found myself constantly
distracted while studying for the Bar.  I also hit a point where my brain
just did not want to retain the information I was working so hard to
memorize.

I took the July exam, but failed passing by a few points.  I was not
surprised with the fail.  Afterwards, I took a month to just process the
trauma and loss of my close family members.

This did not prohibit me from gainful employment in the legal field as a
paralegal.

After having the chance to process the loss, my head was in a much better
place.  I studied again and took the Bar the following February and passed
with a couple dozen points to spare.

I am sharing this because, although it is just my own personal experience.
in hindsight, if I had passed the first time around and gone straight into
practicing law (without having processed my trauma, loss, grief), I do not
think I would have been as effective for my clients.

I do not agree that the Bar exam is only about memorization, it includes
other elements, including endurance.  My personal opinion is that lawyers
should continue to take the Attorney Bar exam, but after giving themselves
time to process their own personal feelings and issues.

Best,

Laurel

On Mon, Jun 22, 2020 at 8:09 PM Gregory L. Ursich <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
>
>
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> *vCard <http://www.insleebest.com/uploads/vcards/gursich.vcf>* | *website
> <http://www.insleebest.com/>* | *gursich at insleebest.com
> <gursich at insleebest.com>*
>
>
>
> This electronic mail transmission is privileged and confidential and is
> intended only for the review of the party to whom it is addressed.  If you
> have received this transmission in error, please immediately return it to
> the sender.  Unintended transmission shall not constitute waiver of the
> attorney-client or any other privilege.
>
>
>
> *From:* 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>
> *Cc:* WSBA Probate & Trust Listserv <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 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 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
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
> This communication, including attachments, may contain information that is
> confidential and protected by the attorney/client or other privileges. It
> constitutes non-public information intended to be conveyed only to the
> designated recipient(s). If the reader or recipient of this communication
> is not the intended recipient, an employee or agent of the intended
> recipient who is responsible for delivering it to the intended recipient,
> or you believe that you have received this communication in error, please
> notify the sender immediately by return e-mail and promptly delete this
> e-mail, including attachments without reading or saving them in any manner.
> The unauthorized use, dissemination, distribution, or reproduction of this
> e-mail, including attachments, is prohibited and may be unlawful. Receipt
> by anyone other than the intended recipient(s) is not a waiver of any
> attorney/client or other privilege.
>
>
>
> <Order Granting Diploma Privilege (004) (002).pdf>
>
> <Letter to WA Supreme Court 6-10-20.pdf>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
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>
>
> PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is
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> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
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> http://mailman.fsr.com/mailman/listinfo/wsbarp



-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*425-361-6286*
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------------------------------

Message: 2
Date: Tue, 23 Jun 2020 19:29:26 +0000
From: Joshua McKarcher <josh at mckarcherlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, WSBA
    Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege
    to LLTs and ABA accredited law school grads
Message-ID:
    <MW3PR11MB46522766F8B44892306ECEA5BB940 at MW3PR11MB4652.namprd11.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

Laurel,

This is compelling and relevant. I hope you will decide to share it with the court.

Best regards, Josh

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 Laurel Brown <laurel.brown8385 at gmail.com>
Sent: Tuesday, June 23, 2020 12:05:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; David J. Lawyer <dlawyer at insleebest.com>
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Gregory,

This is a very short version of my personal experience and opinion as to why I believe eradicating the attorney bar exam is not the way to go.

I entered law school in my mid-50's, which is another story, but here is what I would (if you allow) add to a petition:

 I have some mis-givings about this, especially in the light of the basis for making the request by Annette Clark.

Dean Clark speaks to the recent trauma experienced by those who would be in a position to be taking the Attorney bar exam.

While I was in law school (remember, graduating in 2-16), I lost several close family members.  It was traumatic, but I kept compartmenteling my feelings because classes and studying for exams was the priority.

I took several bar prep classes and was ready to headlong into the exam process.  Once I received my diploma, however, I found myself constantly distracted while studying for the Bar.  I also hit a point where my brain just did not want to retain the information I was working so hard to memorize.

I took the July exam, but failed passing by a few points.  I was not surprised with the fail.  Afterwards, I took a month to just process the trauma and loss of my close family members.

This did not prohibit me from gainful employment in the legal field as a paralegal.

After having the chance to process the loss, my head was in a much better place.  I studied again and took the Bar the following February and passed with a couple dozen points to spare.

I am sharing this because, although it is just my own personal experience. in hindsight, if I had passed the first time around and gone straight into practicing law (without having processed my trauma, loss, grief), I do not think I would have been as effective for my clients.

I do not agree that the Bar exam is only about memorization, it includes other elements, including endurance.  My personal opinion is that lawyers should continue to take the Attorney Bar exam, but after giving themselves time to process their own personal feelings and issues.

Best,

Laurel

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:172e28e73426917eb1]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>



This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



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
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>



This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp


--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
425-361-6286
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Message: 3
Date: Tue, 23 Jun 2020 19:38:33 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, WSBA
    Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege
    to LLTs and ABA accredited law school grads
Message-ID:
    <MW3PR11MB45888A3907F447C0EABD7DEFC8940 at MW3PR11MB4588.namprd11.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

It?s a shame these graduates won?t experience the ?Taking of the Bar? which ranks right up there with the more traumatic events of my life and 54 years later I still have dreams about it.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Tuesday, June 23, 2020 12:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Laurel,

This is compelling and relevant. I hope you will decide to share it with the court.

Best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.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 Laurel Brown <laurel.brown8385 at gmail.com<mailto:laurel.brown8385 at gmail.com>>
Sent: Tuesday, June 23, 2020 12:05:15 PM
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>>; David J. Lawyer <dlawyer at insleebest.com<mailto:dlawyer at insleebest.com>>
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Gregory,

This is a very short version of my personal experience and opinion as to why I believe eradicating the attorney bar exam is not the way to go.

I entered law school in my mid-50's, which is another story, but here is what I would (if you allow) add to a petition:

 I have some mis-givings about this, especially in the light of the basis for making the request by Annette Clark.

Dean Clark speaks to the recent trauma experienced by those who would be in a position to be taking the Attorney bar exam.

While I was in law school (remember, graduating in 2-16), I lost several close family members.  It was traumatic, but I kept compartmenteling my feelings because classes and studying for exams was the priority.

I took several bar prep classes and was ready to headlong into the exam process.  Once I received my diploma, however, I found myself constantly distracted while studying for the Bar.  I also hit a point where my brain just did not want to retain the information I was working so hard to memorize.

I took the July exam, but failed passing by a few points.  I was not surprised with the fail.  Afterwards, I took a month to just process the trauma and loss of my close family members.

This did not prohibit me from gainful employment in the legal field as a paralegal.

After having the chance to process the loss, my head was in a much better place.  I studied again and took the Bar the following February and passed with a couple dozen points to spare.

I am sharing this because, although it is just my own personal experience. in hindsight, if I had passed the first time around and gone straight into practicing law (without having processed my trauma, loss, grief), I do not think I would have been as effective for my clients.

I do not agree that the Bar exam is only about memorization, it includes other elements, including endurance.  My personal opinion is that lawyers should continue to take the Attorney Bar exam, but after giving themselves time to process their own personal feelings and issues.

Best,

Laurel

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 01D6495B.34CEADA0]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>



This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



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
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>



This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp


--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
425-361-6286
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------------------------------

Message: 4
Date: Tue, 23 Jun 2020 19:54:59 +0000
From: John McLaughlin <johnpmclaughlin at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege    to    LLTs
    andABA    accredited law school grads
Message-ID:
    <MWHPR16MB17433A7BB10E0355F326264AAE940 at MWHPR16MB1743.namprd16.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

Greg:

If we want to submit comments to whom should we direct these to?  Thanks

John McLaughlin

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Tuesday, June 23, 2020 10:47:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

I agree. Perhaps the most disturbing part of this situation is the utter lack of process the Court apparently chose to pursue. They are not subject to something like the federal APA, I realize, but we are still in a state that respects the rule of law, proper processes, reasoned decision making, and thoughtful contemplation of dramatic changes to long-standing rules and norms.

In my view, their decision is wrong at minimum because of the apparently permanent nature of the admission to practice; and the (again apparently permanent) application to re-takers (truly just a shocking ?wave of the wand? by a court entrusted to safeguard the public in its management of a very powerful profession).

But even if their decision were right on the substance (or eventually is determined to be right on the substance), the utter lack of process, adversarial presentation, notice and comment ? anything ? is just plain shocking. If they indeed received a letter from law school professors on June 10 and drafted and issued an order on June 12 that is so fundamentally ?disruptive of the norm,? then they violated the spirit of their inherent authority to manage the bar, if not the literal law applicable to their authority to manage the bar.

To me, this order goes far beyond any other orders or oversight they have provided to the recently tumultuous WSBA. I have not reacted at all to any of those orders or oversight efforts. To this one, I reacted with shocked disbelief. We few who did cannot be alone, and we cannot just be discounted as blind adherents to the way things have always been.

Best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Sent: Tuesday, June 23, 2020 10:19 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

While an argument can be made that those who aren?t able to take the test under these special circumstances should get a license (and yes why not make it provisional?) I think it is very poor judgment to grant a license to someone who flunked the test!!  This doesn?t make sense to me.

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Gregory L. Ursich
Sent: Monday, June 22, 2020 8:05 PM
To: WSBA Real Property Listserv
Cc: David J. Lawyer ; WSBA Probate & Trust Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads


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:6494358F1B7D4636A729B9B58529B9F1 at JoshPC]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2Fuploads%2Fvcards%2Fgursich.vcf&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452970186&sdata=Q7m%2FIAe51fh%2FQ85og5KFVbqpkvdprqI8sx3FjqzpISs%3D&reserved=0> | website<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452980182&sdata=xMelZWC5ul3FdWOryaXgrgb9HJ6q%2FzTEZAQnQouoKts%3D&reserved=0> | gursich at insleebest.com



This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



From: 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>
Cc: WSBA Probate & Trust Listserv <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 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 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
P: (206) 859-5098 | E: msafren at jennylinglaw.com
www.jennylinglaw.com<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jennylinglaw.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452990174&sdata=R%2Fu18QmPrYMKNWDgmDTvddJ5YvRsxh2a0R%2B7s7xemlo%3D&reserved=0> | facebook.com/jennylinglaw/<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fjennylinglaw%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315453000170&sdata=KcDuaFdHyoTRZD6iffjpDkPSNlCNvdPJNFY%2BsZUf41M%3D&reserved=0>



This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 5
Date: Tue, 23 Jun 2020 20:10:14 +0000
From: "Carla J. Higginson" <carla at higginsonbeyer.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma    privilege    to    LLTs
    andABA    accredited law school grads
Message-ID: <A44C5B4A-6588-4362-861D-3713E9C69273 at higginsonbeyer.com>
Content-Type: text/plain; charset="utf-8"

?Hi John,

Send your comments to supreme at courts.wa.gov with a copy to me at Carla at higginsonbeyer.com.  I will pass them on to the entire Board of Governors.

Regards,
Carla Higginson

Sent from my iPhone

On Jun 23, 2020, at 12:59 PM, John McLaughlin <johnpmclaughlin at hotmail.com> wrote:

?
Greg:

If we want to submit comments to whom should we direct these to?  Thanks

John McLaughlin

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Tuesday, June 23, 2020 10:47:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

I agree. Perhaps the most disturbing part of this situation is the utter lack of process the Court apparently chose to pursue. They are not subject to something like the federal APA, I realize, but we are still in a state that respects the rule of law, proper processes, reasoned decision making, and thoughtful contemplation of dramatic changes to long-standing rules and norms.

In my view, their decision is wrong at minimum because of the apparently permanent nature of the admission to practice; and the (again apparently permanent) application to re-takers (truly just a shocking ?wave of the wand? by a court entrusted to safeguard the public in its management of a very powerful profession).

But even if their decision were right on the substance (or eventually is determined to be right on the substance), the utter lack of process, adversarial presentation, notice and comment ? anything ? is just plain shocking. If they indeed received a letter from law school professors on June 10 and drafted and issued an order on June 12 that is so fundamentally ?disruptive of the norm,? then they violated the spirit of their inherent authority to manage the bar, if not the literal law applicable to their authority to manage the bar.

To me, this order goes far beyond any other orders or oversight they have provided to the recently tumultuous WSBA. I have not reacted at all to any of those orders or oversight efforts. To this one, I reacted with shocked disbelief. We few who did cannot be alone, and we cannot just be discounted as blind adherents to the way things have always been.

Best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Sent: Tuesday, June 23, 2020 10:19 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

While an argument can be made that those who aren?t able to take the test under these special circumstances should get a license (and yes why not make it provisional?) I think it is very poor judgment to grant a license to someone who flunked the test!!  This doesn?t make sense to me.

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Gregory L. Ursich
Sent: Monday, June 22, 2020 8:05 PM
To: WSBA Real Property Listserv
Cc: David J. Lawyer ; WSBA Probate & Trust Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads


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:6494358F1B7D4636A729B9B58529B9F1 at JoshPC]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2Fuploads%2Fvcards%2Fgursich.vcf&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452970186&sdata=Q7m%2FIAe51fh%2FQ85og5KFVbqpkvdprqI8sx3FjqzpISs%3D&reserved=0> | website<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452980182&sdata=xMelZWC5ul3FdWOryaXgrgb9HJ6q%2FzTEZAQnQouoKts%3D&reserved=0> | gursich at insleebest.com



This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



From: 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>
Cc: WSBA Probate & Trust Listserv <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 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 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
P: (206) 859-5098 | E: msafren at jennylinglaw.com
www.jennylinglaw.com<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jennylinglaw.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452990174&sdata=R%2Fu18QmPrYMKNWDgmDTvddJ5YvRsxh2a0R%2B7s7xemlo%3D&reserved=0> | facebook.com/jennylinglaw/<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fjennylinglaw%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315453000170&sdata=KcDuaFdHyoTRZD6iffjpDkPSNlCNvdPJNFY%2BsZUf41M%3D&reserved=0>



This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315453010165&sdata=MAEXtkLw97akxJ%2F4Cy8qT2MZJNCUHeQeGzOC%2BLLV860%3D&reserved=0>

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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http://mailman.fsr.com/mailman/listinfo/wsbarp
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------------------------------

Message: 6
Date: Tue, 23 Jun 2020 20:16:07 +0000
From: Joshua McKarcher <josh at mckarcherlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma    privilege    to    LLTs
    andABA    accredited law school grads
Message-ID:
    <MW3PR11MB4652BC02BE9D3AC793FE10B5BB940 at MW3PR11MB4652.namprd11.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

Per Carla, direct comments to:

supreme at courts.wa.gov<mailto:supreme at courts.wa.gov> with a copy to her at carla at higginsonbeyer.com (to reach the WSBA Board of Governors).



________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McLaughlin <johnpmclaughlin at hotmail.com>
Sent: Tuesday, June 23, 2020 12:54:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

Greg:

If we want to submit comments to whom should we direct these to?  Thanks

John McLaughlin

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Tuesday, June 23, 2020 10:47:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

I agree. Perhaps the most disturbing part of this situation is the utter lack of process the Court apparently chose to pursue. They are not subject to something like the federal APA, I realize, but we are still in a state that respects the rule of law, proper processes, reasoned decision making, and thoughtful contemplation of dramatic changes to long-standing rules and norms.

In my view, their decision is wrong at minimum because of the apparently permanent nature of the admission to practice; and the (again apparently permanent) application to re-takers (truly just a shocking ?wave of the wand? by a court entrusted to safeguard the public in its management of a very powerful profession).

But even if their decision were right on the substance (or eventually is determined to be right on the substance), the utter lack of process, adversarial presentation, notice and comment ? anything ? is just plain shocking. If they indeed received a letter from law school professors on June 10 and drafted and issued an order on June 12 that is so fundamentally ?disruptive of the norm,? then they violated the spirit of their inherent authority to manage the bar, if not the literal law applicable to their authority to manage the bar.

To me, this order goes far beyond any other orders or oversight they have provided to the recently tumultuous WSBA. I have not reacted at all to any of those orders or oversight efforts. To this one, I reacted with shocked disbelief. We few who did cannot be alone, and we cannot just be discounted as blind adherents to the way things have always been.

Best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Sent: Tuesday, June 23, 2020 10:19 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

While an argument can be made that those who aren?t able to take the test under these special circumstances should get a license (and yes why not make it provisional?) I think it is very poor judgment to grant a license to someone who flunked the test!!  This doesn?t make sense to me.

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Gregory L. Ursich
Sent: Monday, June 22, 2020 8:05 PM
To: WSBA Real Property Listserv
Cc: David J. Lawyer ; WSBA Probate & Trust Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads


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:6494358F1B7D4636A729B9B58529B9F1 at JoshPC]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

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This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



From: 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>
Cc: WSBA Probate & Trust Listserv <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 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 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
P: (206) 859-5098 | E: msafren at jennylinglaw.com
www.jennylinglaw.com<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jennylinglaw.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452990174&sdata=R%2Fu18QmPrYMKNWDgmDTvddJ5YvRsxh2a0R%2B7s7xemlo%3D&reserved=0> | facebook.com/jennylinglaw/<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fjennylinglaw%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315453000170&sdata=KcDuaFdHyoTRZD6iffjpDkPSNlCNvdPJNFY%2BsZUf41M%3D&reserved=0>



This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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------------------------------

Message: 7
Date: Tue, 23 Jun 2020 20:21:46 +0000
From: Mark Vohr <mcv at ohanafc.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, WSBA
    Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: "David J. Lawyer" <dlawyer at insleebest.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege
    to LLTs and ABA accredited law school grads
Message-ID:
    <MW3PR13MB41079A9AF96365316F3888D6A1940 at MW3PR13MB4107.namprd13.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

I?ll add that as a professional fiduciary and attorney we often see the fallout of substandard legal work.  The public pays the price for this, and when it results in engaging the courts that price can be quite high.  Sorry to say, but this is our experience from attorneys who have passed the bar.  None of us is perfect, that?s for sure, and I have made my share of mistakes, however, the knowledge and discipline required to pass the bar seems to be to be an important filter to obtaining a license with a significant impact on the public.

Also, we hire people with law degrees, and greatly appreciate the skill sets they bring, even though that person may not be a member of the bar.  In particular, we would want someone with the education, but who really is not interested in the private practice.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laurel Brown
Sent: Tuesday, June 23, 2020 12:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; David J. Lawyer <dlawyer at insleebest.com>
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

Gregory,

This is a very short version of my personal experience and opinion as to why I believe eradicating the attorney bar exam is not the way to go.

I entered law school in my mid-50's, which is another story, but here is what I would (if you allow) add to a petition:

 I have some mis-givings about this, especially in the light of the basis for making the request by Annette Clark.

Dean Clark speaks to the recent trauma experienced by those who would be in a position to be taking the Attorney bar exam.

While I was in law school (remember, graduating in 2-16), I lost several close family members.  It was traumatic, but I kept compartmenteling my feelings because classes and studying for exams was the priority.

I took several bar prep classes and was ready to headlong into the exam process.  Once I received my diploma, however, I found myself constantly distracted while studying for the Bar.  I also hit a point where my brain just did not want to retain the information I was working so hard to memorize.

I took the July exam, but failed passing by a few points.  I was not surprised with the fail.  Afterwards, I took a month to just process the trauma and loss of my close family members.

This did not prohibit me from gainful employment in the legal field as a paralegal.

After having the chance to process the loss, my head was in a much better place.  I studied again and took the Bar the following February and passed with a couple dozen points to spare.

I am sharing this because, although it is just my own personal experience. in hindsight, if I had passed the first time around and gone straight into practicing law (without having processed my trauma, loss, grief), I do not think I would have been as effective for my clients.

I do not agree that the Bar exam is only about memorization, it includes other elements, including endurance.  My personal opinion is that lawyers should continue to take the Attorney Bar exam, but after giving themselves time to process their own personal feelings and issues.

Best,

Laurel

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 01D64961.3C7982E0]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.insleebest.com_uploads_vcards_gursich.vcf&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=SbkuVeJyNqdCbCUOK0YuOhs6rorQtreXEHzzN_oyeWg&s=1u2HHvI1278UCKUTqxj2ORixRd1CbHybvRu1c-DcU3M&e=> | website<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.insleebest.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=SbkuVeJyNqdCbCUOK0YuOhs6rorQtreXEHzzN_oyeWg&s=jWs7UrdmV24yZ58PJm9zXYxzWPLZi7SAN_ZNE1OrXEI&e=> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

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
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.jennylinglaw.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=SbkuVeJyNqdCbCUOK0YuOhs6rorQtreXEHzzN_oyeWg&s=Ca6Mf5Qn5XmFK2EMbeu5CaTfCSZuLkcsJuNCDBYqXwE&e=> | facebook.com/jennylinglaw/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_jennylinglaw_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=SbkuVeJyNqdCbCUOK0YuOhs6rorQtreXEHzzN_oyeWg&s=ImQCKdVUWzZNcShWFQLMUjGfWh7olkuP4zd6eJMkWRw&e=>


This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.

<Order Granting Diploma Privilege (004) (002).pdf>
<Letter to WA Supreme Court 6-10-20.pdf>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
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WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
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--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
425-361-6286
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------------------------------

Message: 8
Date: Tue, 23 Jun 2020 20:22:31 +0000
From: Tim Knowling <tim at knowlinglaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] referral needed
Message-ID: <6356f4c5ec1f46038dedde880ad8f454 at knowlinglaw.com>
Content-Type: text/plain; charset="us-ascii"

PC, who reside in Seattle would like to consult with a land use attorney.  They own 300 acres of idle farmland near Yakima.  The land is enrolled in Yakima County's "Current Land Use programs".    They need some advice and guidance on whether they should stay in the program.

All referrals will be forwarded to PC.

Thanks in advance.

Tim Knowling
LAW OFFICES OF TIMOTHY J. KNOWLING
1833 N 105th  Street      Suite 101
Seattle, WA  98133
O: 206-282-5630
F: 206-281-9032

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Message: 9
Date: Tue, 23 Jun 2020 13:23:23 -0700
From: <nestor at pplsweb.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>,
    "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege
    to    LLTs and ABA accredited law school grads
Message-ID: <003201d6499c$25543610$6ffca230$@pplsweb.com>
Content-Type: text/plain; charset="utf-8"

This is not right. As stated, a provisional entry with an obligation to pass the bar with 12 months should be the route.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, June 23, 2020 12:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

 

It?s a shame these graduates won?t experience the ?Taking of the Bar? which ranks right up there with the more traumatic events of my life and 54 years later I still have dreams about it.

 

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 Joshua McKarcher
Sent: Tuesday, June 23, 2020 12:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads

 

Laurel,

 

This is compelling and relevant. I hope you will decide to share it with the court.

 

Best regards, Josh

 

Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com <mailto:josh at mckarcherlaw.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 Laurel Brown <laurel.brown8385 at gmail.com <mailto:laurel.brown8385 at gmail.com> >
Sent: Tuesday, June 23, 2020 12:05:15 PM
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> >; David J. Lawyer <dlawyer at insleebest.com <mailto:dlawyer at insleebest.com> >
Subject: Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads 

 

Gregory, 

 

This is a very short version of my personal experience and opinion as to why I believe eradicating the attorney bar exam is not the way to go.

 

I entered law school in my mid-50's, which is another story, but here is what I would (if you allow) add to a petition:

 

 I have some mis-givings about this, especially in the light of the basis for making the request by Annette Clark.

 

Dean Clark speaks to the recent trauma experienced by those who would be in a position to be taking the Attorney bar exam.

 

While I was in law school (remember, graduating in 2-16), I lost several close family members.  It was traumatic, but I kept compartmenteling my feelings because classes and studying for exams was the priority.

 

I took several bar prep classes and was ready to headlong into the exam process.  Once I received my diploma, however, I found myself constantly distracted while studying for the Bar.  I also hit a point where my brain just did not want to retain the information I was working so hard to memorize.

 

I took the July exam, but failed passing by a few points.  I was not surprised with the fail.  Afterwards, I took a month to just process the trauma and loss of my close family members.  

 

This did not prohibit me from gainful employment in the legal field as a paralegal.

 

After having the chance to process the loss, my head was in a much better place.  I studied again and took the Bar the following February and passed with a couple dozen points to spare.

 

I am sharing this because, although it is just my own personal experience. in hindsight, if I had passed the first time around and gone straight into practicing law (without having processed my trauma, loss, grief), I do not think I would have been as effective for my clients.

 

I do not agree that the Bar exam is only about memorization, it includes other elements, including endurance.  My personal opinion is that lawyers should continue to take the Attorney Bar exam, but after giving themselves time to process their own personal feelings and issues.

 

Best,

 

Laurel

 

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

 




Gregory L. Ursich 

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard <http://www.insleebest.com/uploads/vcards/gursich.vcf>  | website <http://www.insleebest.com/>  | gursich at insleebest.com <mailto:gursich at insleebest.com> 

 

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

 

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:  <mailto:supreme at courts.wa.gov> 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 
P: (206) 859-5098 | E: msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com>  
www.jennylinglaw.com <http://www.jennylinglaw.com>  | facebook.com/jennylinglaw/ <http://www.facebook.com/jennylinglaw/>  

 


This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. 

 

<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
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-- 

Laurel Brown 

Attorney and Counselor at Law

5071 SW Waite St.

Seattle, WA  98116

425-361-6286

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------------------------------

Message: 10
Date: Tue, 23 Jun 2020 20:27:50 +0000
From: Justin Monro <justinm at monrolawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma    privilege    to    LLTs
    andABA    accredited law school grads
Message-ID:
    <MWHPR13MB13410F4064CA0C54B66A15BADC940 at MWHPR13MB1341.namprd13.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

I believe the bar exam waiver for this year was only for ABA graduates only. All the Rule 6 law clerks, non ABA graduates and foreign LLM still have to take the exam.

Why is one group better than the other? I don?t know.

I was a Rule 6 Law Clerk, I passed the winter 2012 bar exam, the pass rate was 51%. Many attorneys said, geez your exam must have been horrible, I think most attorneys will say they are all horrible or a war story about the exam. I wanted to take the exam, it makes you a better attorney. The exam should not be exempt to any graduates regardless of where he/she went to school.

I was a real estate broker, the economy was failing in 2007, I didn?t have the means to go to law school and sustain all the bills.  I enrolled in the Rule 6 program. I defiantly had a lot of hands on experience working with a practicing attorney.

I studied for a least 6 months for the exam, I took the bar bri course, 2 times and countless exams from previous bar exams. The exam teaches you discipline, issues identification and ethics. Memorization was key and breaking down subjects to really attack the  essays.

Do the law schools teach ethics? I don?t know.

These students that diploma through are at a disadvantage, because not only is it good to know the laws, issues, dealing with clients, but Ethics are a priority every day in practice.

Thank you,

Justin Monro
Attorney at Law



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McLaughlin
Sent: Tuesday, June 23, 2020 12:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

Greg:

If we want to submit comments to whom should we direct these to?  Thanks

John McLaughlin

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Joshua McKarcher <josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>>
Sent: Tuesday, June 23, 2020 10:47:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; 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 andABA accredited law school grads

I agree. Perhaps the most disturbing part of this situation is the utter lack of process the Court apparently chose to pursue. They are not subject to something like the federal APA, I realize, but we are still in a state that respects the rule of law, proper processes, reasoned decision making, and thoughtful contemplation of dramatic changes to long-standing rules and norms.

In my view, their decision is wrong at minimum because of the apparently permanent nature of the admission to practice; and the (again apparently permanent) application to re-takers (truly just a shocking ?wave of the wand? by a court entrusted to safeguard the public in its management of a very powerful profession).

But even if their decision were right on the substance (or eventually is determined to be right on the substance), the utter lack of process, adversarial presentation, notice and comment ? anything ? is just plain shocking. If they indeed received a letter from law school professors on June 10 and drafted and issued an order on June 12 that is so fundamentally ?disruptive of the norm,? then they violated the spirit of their inherent authority to manage the bar, if not the literal law applicable to their authority to manage the bar.

To me, this order goes far beyond any other orders or oversight they have provided to the recently tumultuous WSBA. I have not reacted at all to any of those orders or oversight efforts. To this one, I reacted with shocked disbelief. We few who did cannot be alone, and we cannot just be discounted as blind adherents to the way things have always been.

Best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Josh Grant <jgrant at accima.com<mailto:jgrant at accima.com>>
Sent: Tuesday, June 23, 2020 10:19 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads

While an argument can be made that those who aren?t able to take the test under these special circumstances should get a license (and yes why not make it provisional?) I think it is very poor judgment to grant a license to someone who flunked the test!!  This doesn?t make sense to me.

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Gregory L. Ursich
Sent: Monday, June 22, 2020 8:05 PM
To: WSBA Real Property Listserv
Cc: David J. Lawyer ; WSBA Probate & Trust Listserv
Subject: Re: [WSBARP] Supreme Court Grants Diploma privilege to LLTs andABA accredited law school grads


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:image002.jpg at 01D64961.84392040]

Gregory L. Ursich

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2Fuploads%2Fvcards%2Fgursich.vcf&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452970186&sdata=Q7m%2FIAe51fh%2FQ85og5KFVbqpkvdprqI8sx3FjqzpISs%3D&reserved=0> | website<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.insleebest.com%2F&data=02%7C01%7C%7C0eb0b89492d5408dac5508d8179e2ecd%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637285315452980182&sdata=xMelZWC5ul3FdWOryaXgrgb9HJ6q%2FzTEZAQnQouoKts%3D&reserved=0> | gursich at insleebest.com<mailto:gursich at insleebest.com>



This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.



From: 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
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.



<Order Granting Diploma Privilege (004) (002).pdf>

<Letter to WA Supreme Court 6-10-20.pdf>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

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Message: 11
Date: Tue, 23 Jun 2020 20:34:07 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Lien stripping - referral
Message-ID:
    <MW3PR12MB43465D9FA3BCFDB64A527A91AE940 at MW3PR12MB4346.namprd12.prod.outlook.com>
    
Content-Type: text/plain; charset="us-ascii"

Listmates, I have a new client referral that needs guidance regarding stripping an old DOT.  Short story is property owner went through bankruptcy years ago, reaffirmed the first and has never paid anything on the second.  Debt on second was discharged but no effort was made to strip the lien in the banko.    This is not my wheelhouse.  Any takers??

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>


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Message: 12
Date: Tue, 23 Jun 2020 20:37:11 +0000
From: Joshua McKarcher <josh at mckarcherlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, WSBA
    Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege
    to    LLTs and ABA accredited law school grads
Message-ID:
    <MW3PR11MB4652969E29062A063986B704BB940 at MW3PR11MB4652.namprd11.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

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.
______________________________
This email and any files transmitted with it are from the law firm of Vandeberg Johnson & Gandara, LLP and may contain privileged, confidential, or protected information. If you are not the intended recipient, any disclosure, copying, or use of the contents of this message or any attachments is prohibited. If you have received this transmission in error, please notify us and delete this email and any attached files.




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
www.seattle-silvalaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.seattle-2Dsilvalaw.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=Sw0BCEegZXP0_UgCvPsrKaQ_3-CYjW46P1OrPspUihY&s=emZuPUNMsIIVy3DSvmdmmuUX-_uXCSzx_mH8p7yY4uY&e=>





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
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.insleebest.com_uploads_vcards_gursich.vcf&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=Sw0BCEegZXP0_UgCvPsrKaQ_3-CYjW46P1OrPspUihY&s=2c7HwZwSwemwp4eQsYXkU39w3j1h88dsvOC9krhZXWM&e=> | website<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.insleebest.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=Sw0BCEegZXP0_UgCvPsrKaQ_3-CYjW46P1OrPspUihY&s=nIrg31KIhKWI_IEqkDBUhFpaEhcIM1n6TQ0Nqu-zXfs&e=> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

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
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.jennylinglaw.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=Sw0BCEegZXP0_UgCvPsrKaQ_3-CYjW46P1OrPspUihY&s=CBQazyanXBB_x2V8-6Fcb7XjnWVBq3bfAypqozBdLHM&e=> | facebook.com/jennylinglaw/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_jennylinglaw_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=z5lwBaVm9sc2C54yY_FPxTMT_RJMPLISAW_7ZYYYxoA&m=Sw0BCEegZXP0_UgCvPsrKaQ_3-CYjW46P1OrPspUihY&s=3SxGG6F8PZkCL-U0uX8oHX5B2yN_fHVgVVb9TvIO4JU&e=>


This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.

<Order Granting Diploma Privilege (004) (002).pdf>
<Letter to WA Supreme Court 6-10-20.pdf>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
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--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
425-361-6286


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End of WSBARP Digest, Vol 69, Issue 25
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