Craig Schenck, a volunteer with the Washington Supreme Court’s Practice of Law Board, described a court-ordered pilot program that will let organizations apply for time-limited exemptions to deliver certain legal services.

Under an order issued Dec. 5, 2024, the Washington State Bar Association, together with the Practice of Law Board, will develop and operate the entity regulation pilot under the Supreme Court’s oversight. Schenck said the pilot will allow “entities, including nonprofits, law firms, [and] multidisciplinary groups” to apply for authorizations from the court that exempt them from specific rules governing the practice of law for a limited time.

The pilot is designed as a 10-year, evidence-driven experiment to test whether novel delivery models expand access to legal services without sacrificing consumer protections. “It’s a 10 year evidence driven experiment to learn what works and what doesn't,” Schenck said.

Schenck described examples from other states to illustrate possible models. He cited programs in Utah and Arizona that combine technology and nonlawyer specialists to deliver services such as criminal-record expungements and community-advocate assistance for protective-order cases; a Utah program that trains nonlawyer community advocates; work described as “Innovation for Justice” training nonlawyer advocates at Holy Cross Ministries to assist with medical-debt collections; and Alaska’s community justice worker programs. He also said some innovations relied on business structures and investor funding that would not be permissible under existing rules such as rule 5.4 and Washington’s unauthorized-practice-of-law (UPL) rules.

Schenck said applicants to the pilot must propose a clear hypothesis about how their model will expand access, designate a compliance officer, submit to rigorous oversight and data reporting, and agree to time-bound authorizations. Applications will be analyzed by WSBA staff and reviewed by the Practice of Law Board before recommendations go to the Supreme Court, which will make the final decision. “The pilot creates exemptions from rules, but not from consumer protection,” he said.

The pilot will use an online application system the WSBA will operate. Participants must deliver data to evaluate whether programs meet objectives set by the court. Schenck emphasized the pilot is not limited to any particular technology: while technology may play a role, the program is intended to test a range of business models and nonlawyer-delivery approaches.

Schenck encouraged interested organizations and individuals to learn more, sign up on the pilot website, and apply. He directed listeners to additional guidance in a subsequent presentation ("part 3") about engagement with the pilot.