[WSBARP] [WSBAPT] Supreme Court Grants Diploma privilege to LLTs and ABA accredited law school grads
K. Garl Long
Garl at longlaw.biz
Tue Jun 23 16:20:34 PDT 2020
How will insurance providers account for the increased risk?
KGL
On 06/23/2020 03:32 PM, Kaitlyn Jackson wrote:
> 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 <mailto: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 <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 Kerry
> Brink <Kbrink at vjglaw.com <mailto:Kbrink at vjglaw.com>>
> *Sent:* Tuesday, June 23, 2020 1:30 PM
> *To:* WSBA Probate & Trust Listserv; ak at seattle-silvalaw.com
> <mailto:ak at seattle-silvalaw.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
>
> 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
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>
> *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
> *sgay at sbglaw-wa.com <mailto:sgay at sbglaw-wa.com>
> *Sent:* Tuesday, June 23, 2020 8:16 AM
> *To:* ak at seattle-silvalaw.com <mailto:ak at seattle-silvalaw.com>;
> '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
>
> 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_
>
> __
>
>
>
> *_Gregory L. Ursich_*
>
> _Shareholder_
>
> _Skyline Tower, Suite 1500 | 10900 NE 4^th Street |
> Bellevue, WA 98004_
>
> _P: 425.450.4258 | F: 425.635.7720_
>
> _vCard
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> *_From:_*_wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>
> [mailto:wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of*
> Kaitlyn Jackson
> *Sent:* Saturday, June 20, 2020 11:13 AM
> *To:* WSBA Real Property Listserv
> <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> *Cc:* WSBA Probate & Trust Listserv
> <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> *Subject:* Re: [WSBARP] Supreme Court Grants Diploma
> privilege to LLTs and ABA accredited law school grads_
>
> __
>
> _Thanks, Michael._
>
> __
>
> _It also looks like Dean Clark set the stage to appeal to
> the Court to consider doing away with the bar exam
> altogether. _
>
> __
>
> _Something to ruminate on, for sure._
>
> __
>
> _Sent from my iPhone_
>
>
> _On Jun 19, 2020, at 7:44 PM, msafren at jennylinglaw.com
> <mailto:msafren at jennylinglaw.com> wrote:_
>
> __
>
> _Hello Fellow Listservs and RPPT section members:_
>
> __
>
> _Below please find an important message from Carla
> Higginson, WSBA Governor for District 2._
>
> __
>
> _“__Colleagues,_
>
> __
>
> _As you may recall, I am on the Board of Governors. I
> am writing with regard to the Court’s recent decision
> to allow law school graduates to skip the bar exam
> this year. Here is some background. The Board of
> Governors was approached at our April meeting by law
> students asking that graduates be allowed to practice
> without taking the bar exam due to the COVID-19
> situation. The Board voted 12 to 1 not to do so and
> urged the Court to require that the exam be held. The
> exam was scheduled to be held in several locations
> rather than one, and in both July and September, to
> minimize travel and associated virus risks by insuring
> that there was plenty of room in the exam rooms to
> follow social distancing requirements. The Board
> felt that requiring applicants to take and pass the
> bar exam was important to protect the public and
> ensure qualified and competent attorneys. The Court
> initially accepted this recommendation, but has now
> reversed itself, apparently in response to a letter
> from the Seattle University law school dean asking
> that their graduates be allowed to practice law
> without taking the bar exam this year. This letter
> (copy attached) was sent directly to the Court and I
> did not know the request had been made until after the
> Court issued its decision (copy attached), so there
> was no opportunity to alert members to the request or
> obtain member comment. _
>
> __
>
> _The Court’s decision allows candidates who have
> previously failed a bar exam or LLLT exam to
> automatically be granted diploma privileges to
> practice law as an attorney or LLLT. However, people
> who have completed the law clerk (APR 6) program and
> are registered for the bar exam must still take it,
> and apparently, so do limited practice officer
> candidates. _
>
> __
>
> _The pass rate statistics are as follows:_
>
> __
>
> _For attorney applicants, the Winter 2020 bar exam
> resulted in approximately 49 percent passage rate, so
> slightly more than half of all attorney applicants
> failed. _
>
> __
>
> _For LLLT applicants, the Winter 2020 exam was a 40%
> pass rate (4 passed out of 10). The Summer 2019 exam
> was a 25% pass rate (1 passed out of 4). Over the
> last four LLLT exams, a total of 8 out of 24 passed. _
>
> __
>
> _The Board of Governors is meeting on June 26^th 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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>
> __
>
>
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> __
>
> _<Order Granting Diploma Privilege (004) (002).pdf>_
>
> _<Letter to WA Supreme Court 6-10-20.pdf>_
>
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> --
> Thank you,*
> *
>
> Kaitlyn R. Jackson|Attorney|DIMENSIONLAWGROUPPLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
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