By Bridget Schuster and
Christy Carpenter
KCBA has actively worked to increase access to justice in King County for all citizens throughout its 137-year history. In particular, KCBA’s pro bono legal services assist thousands of low-
income citizens each year — people who would otherwise be unable to afford legal help. We also provide opportunities to our members to extend services to lower income individuals via volunteer opportunities, contributions to the King County Bar Foundation, and others. Our mission states, KCBA “works . . . to achieve excellence, equity, accessibility in the administration of justice.”
But in one area, KCBA has been missing the mark. Since 2012, the Washington State Bar Association has recognized Limited License Legal Technicians (LLLTs or “Triple L.T.’s) as “legal professionals.” WSBA Bylaws include LLLTs as one of three types of “licensed legal professionals.”1 WSBA licenses attorneys, LLLTs, and LPOs. WSBA’s website refers to these three groups collectively as “licensed legal professionals.”
As currently written, KCBA’s bylaws describe the following individuals as eligible for membership: Section 2.1 defines “Regular Membership” and states that the person must be “licensed to practice law by the licensing authority of any state, the District of Columbia or Puerto Rico.” It does not explicitly limit this to attorneys. In fact, KCBA’s bylaws have used the term “licensed legal professionals” in defining regular KCBA membership since at least 2018 and likely well before. Despite this, KCBA’s membership staff has been operating under the understanding that LLLTs were not eligible for membership. This may have been a holdover position from previous conversations among the Board or Membership Committees regarding expansion of membership to paralegals and other groups. Whatever the reason, KCBA has now identified the discrepancy, thanks in large part to the vocal objection of a longtime KCBA member who pointed out the disconnect between KCBA’s mission of increasing access to justice and diversity in the profession and its decision not to allow LLLTs to join. This member urged KCBA to “live [its] values”; we agree, denying membership to LLLTs who provide justice to a group not previously able to afford professional legal services is in clear contrast with our mission and values.
The LLLT program was launched as a means to provide affordable legal services to people in low- to middle-
income brackets. These are people who do not qualify for pro bono services but cannot necessarily afford an attorney. In the “Purpose” section of Admission to Practice Rule (APR) 28, titled Limited Practice Rule for Limited License Legal Technicians, the reason for creating the LLLT program is to address the Civil Legal Needs Study finding that “the legal needs of the consuming public are not currently being met.” It further states: “This rule is intended to permit trained [LLLTs] to provide limited legal assistance under carefully regulated circumstances in ways that expand the affordability of quality legal assistance which protects the public interest.”
LLLTs receive bar numbers, have CLE requirements, and pay WSBA dues just as attorneys do. LLLTs can be disciplined in the same fashion as attorneys.
To become a Washington LLLT, an individual must meet specific curriculum requirements, including Civil Procedure, Contracts, Interviewing and Investigations Techniques, Introduction to Law and Legal Process, Law Office Procedures and Technology, Legal Research, Writing, and Analysis, and Professional Responsibility. In addition, the individual must complete 15 credit hours in the pertinent practice area (to date, LLLTs are limited to Family Law and therefore these 15 credits are in domestic relations subjects). Further, applicants must show they have completed 1,500 hours of substantive legal work experience under the supervision of an attorney. A prospective LLLT also must pass the Paralegal Core Curriculum Exam (PCCE) or other core paralegal exam offered by one of the national paralegal associations. The final hurdle is passing the LLLT family law practice area and ethics exams, which are administered in February and July of every year (sound familiar?). Upon obtaining a license, the LLLT is required to complete continuing education requirements, show proof of professional liability insurance (note: insurance is not currently required for attorneys), and provide annual certification of their trust account compliance (another requirement not currently imposed on attorneys).
On October 18, 2023, KCBA membership team presented this issue to current President Karen Orehoski and KCBA’s Board of Trustees. President Orehoski determined that, under Section 3.1, the Board President can determine whether a particular individual is eligible for membership. After discussion at the October 18 Board meeting, Pres. Orehoski informed the Board that because she had heard no objections, she would inform KCBA’s membership team that LLLTs should be permitted to join KCBA membership, effective immediately.
In 2020, the Washington State Supreme Court issued a directive that “sunsetted” the licensing of new LLLTs. The last LLLT licenses were issued in 2023, with a total of 96 licenses issued over eight years. There are 83 LLLTs actively practicing at this time. Therefore, while we open our doors to LLLT membership, we do so with the understanding there will never be more than a handful of LLLT members. Nevertheless, we hope to extend our assistance to this vital group of competent legal professionals as we address the lack of access to justice experienced by those 85% of low- to moderate-
income people who are forced to face their legal issues without the help of an attorney.2 We hope to give LLLTs the tools, networking and volunteering opportunities, and other benefits we’ve been providing to our attorney members for 137 years.
This change is one of potentially several to come. KCBA’s Board of Trustees and New Lawyers Division Board have launched a taskforce to determine whether other groups are being lost in the cracks between our membership levels and groups. For example, individuals with JDs that have never or are not currently practicing law; law school graduates who have not yet passed the bar; retired attorneys who do not qualify for our 25-year legacy KCBA membership; and possibly others.
These changes, unlike admitting LLLTs who already qualify for membership under the KCBA Bylaws, will require a vote of KCBA’s membership. I urge our members to consider whether our community gains anything by keeping these groups out. Instead, with a diversity of perspectives and life experiences, KCBA’s programs and member benefits will only get better. These new categories of membership will help us understand and serve our community more effectively. We hope you will follow this process with excitement and encouragement.
Bridget Schuster is KCBA’s Member Services Director and can be reached by email at bridgets@kcba.org.
Christy Carpenter is a Limited License Legal Technician working at Pacific Cascade Legal in Tacoma.
1 WSBA Bylaws, III.A.1.
2 2003 Civil Legal Needs Study
