[WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Tue Jun 23 15:32:45 PDT 2020
The letter doesn't really (in my opinion) point to "taking" the exam as the
issue - it appears to focus on the fact that students had problems *studying
for the exam. *Personally, I think this makes the risk of malpractice even
higher for these practitioners because not only have they not passed the
exam - but they haven't properly studied all the topics which the WSBA and
UBE have deemed to be critical for competent practice. When I was studying
for the exam I virtually never needed to be around other people because it
was all online. However, there were secure places you were welcome to go to
study if your home life was a little too distracting.
I am sure many of these new attorneys will be great attorneys. However, I
think this was poorly decided and could have been more narrowly-tailored
(remember that term, anyone?) to protect the interests of the community and
allow some leniency for new lawyers under the unique circumstances
presented to these students.
Plus, if I were a client, I'm not sure I would feel comfortable hiring an
attorney who didn't take the bar exam. I would maybe even feel more harmed
if I didn't feel they did a good job, or worse, they committed malpractice
and the mistake could have been avoided if they had studied for and sat for
the exam. Would I have the right to know whether they passed the bar? Would
that have to be disclosed to me? This issue could create distrust and could
actually have a long term negative effect on the careers of these attorneys
which, maybe, the Supreme Court didn't weigh in the balance of their
decision.
Just some of my wandering thoughts. I also think we have officially spent
more time debating and considering this decision than the Court did.
Kaitlyn
On Tue, Jun 23, 2020 at 1:40 PM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:
> 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*
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>
>
> *As you would expect, due to COVID-19 concerns, our office is closed and
> we are all working remotely. Thank you for your understanding in these
> unprecedented times. Please stay safe and take care of yourselves and the
> people you love. *
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *sgay at sbglaw-wa.com
> *Sent:* Tuesday, June 23, 2020 8:16 AM
> *To:* ak at seattle-silvalaw.com; 'WSBA Probate & Trust Listserv' <
> wsbapt at lists.wsbarppt.com>; gursich at insleebest.com
> *Subject:* Re: [WSBAPT] [WSBARP] Supreme Court Grants Diploma privilege
> to LLTs and ABA accredited law school grads
>
>
>
> I agree with Laurel, Andrekita and Gregory and would sign a group letter
> if proposed. Best regards,
>
>
>
> Sandi Gay
>
> SANDRA BATES GAY, PS
>
> Attorney at Law
>
> Sandra Bates Gay, PS
>
> 23515 N.E. Novelty Hill Rd.
>
> Suite B211-397
>
> Redmond, WA 98053
>
> Ph: (425) 637-3040
>
> Fax: (425) 952-0156
>
> E-Mail: sgay at sbglaw-wa.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>;
> 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>:
>
> 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>
> 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
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>
> *From:*
>
>
>
> * wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> [mailto:wsbarp-bounces at lists.wsbarppt.com
> <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 <wsbarp at lists.wsbarppt.com>> Cc: WSBA Probate &
> Trust Listserv <wsbapt at lists.wsbarppt.com <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
> <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
> <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 <msafren at jennylinglaw.com>
> www.jennylinglaw.com
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>
>
>
>
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> *<Order Granting Diploma Privilege (004) (002).pdf>*
>
> *<Letter to WA Supreme Court 6-10-20.pdf>*
>
>
>
>
>
>
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> *--*
>
> *Laurel Brown*
>
> *Attorney and Counselor at Law*
>
> *5071 SW Waite St.*
>
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>
> *425-361-6286*
>
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Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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