Updated: Sept. 28, 2024

Pilot Test of Entity Regulation

Proposed Order

On July 17, 2024, the Practice of Law Board approved an initial draft order for implementing a pilot test of entity regulation. Following a comment period, on September 18, 2024, the Practice of Law Board approved a revised draft order to implement a pilot test for submission to the Washington Supreme Court. A clean version of the revised order was submitted to the Court as a Proposed Order for Pilot Project to Test Entity Regulation on September 27, 2024. 

What is the Pilot Project on Entity Regulation?

 

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  • 00:35 – What does “entity regulation” mean: How are people currently allowed to offer legal services and what would change with the pilot test?
  • 02:39 – Why are you proposing this pilot test now?
  • 04:25 – Do you have personal experiences that have informed your own viewpoint about piloting entity regulation
  • 08:02 – How would the pilot test work?
  • 10:13 – How will the proposed pilot test ensure there are safeguards for Washingtonians who seek legal help
  • 12:45 – Will this pilot test negatively impact lawyers and their traditional/historic ways of offering legal services?
  • 15:23 – How long has this pilot test concept been in development?
  • 17:30 – As you imagine what could come from this pilot test, what hopes do you have for what changes might come from this process in five or 10 years?

Historically, only individuals licensed by the Washington Supreme Court have been allowed to own law firms, share legal fees, and practice law in the state of Washington. Technology, however, is rapidly transforming our world, and the legal landscape is no exception. In Washington State, it would be difficult not to notice the impact of new technologies on the world around us, and in particular the potential for technology and innovative business models to impact the delivery of legal services and the practice of law in ways that may be positive, negative, or both. Online companies and innovative business models are already delivering legal services to the public and will undoubtedly expand in prevalence and sophistication in the coming years.

Recognizing the profound implications of these changes and to better understand the opportunities and threats presented by these emerging technologies—in terms of safety, quality, and access to legal help for Washingtonians—the WSBA and Practice of Law Board (POLB) are proposing a pilot test of entity regulation to the Washington Supreme Court (Court). What does that mean, if approved? For the first time, entities with innovative business models (including those operated by individuals not licensed to practice law) could apply to offer legal services under timebound, limited exemptions from the otherwise applicable rules governing the practice of law. At the end of the pilot, the Court would consider the accumulated data to determine whether to move forward with more permanent regulatory reforms. Per the Court’s request, the WSBA and POLB expect to finalize and send the proposed Order to create the pilot test by the end of September.

The proposed pilot test is the beginning of a process, not the end; the goal is to learn more and make transparent, data-driven decisions before any permanent regulatory reform is put in place. Throughout the upcoming process, the WSBA and POLB invite feedback and welcome opportunities to engage about the proposed pilot test.

Background

With an eye toward consumer protection and safeguarding against the unauthorized practice of law, the POLB for years has been monitoring the ways technology is changing the legal landscape. More specifically, the POLB has been studying how online and innovative legal service providers are delivering legal services to the public and how the delivery of these services has the potential to increase access to justice. The POLB has studied the issue closely and engaged with legal technology experts to better understand current and potential ways entities might provide legal services; this work is already being done by national and international companies, unregulated by the WSBA, and is sure to expand in coming years.

The overriding question is: What role can and should the Court take with its plenary authority over the regulation of the practice of law, given the threats and opportunities presented by emerging legal technologies? The potential to close access-to-justice gaps is great, but so is the possibility of bad and harmful legal advice. To get to an answer, the POLB, with guidance from the Court, began exploring a process for a pilot test of entity regulation—that is, allowing innovative business models to offer legal services under carefully monitored conditions.

Also recognizing the profound implications of these changes in the delivery of legal services, the WSBA Board of Governors made it a strategic priority for fiscal year 2024 to “Assess technology‐related opportunities and threats and determine WSBA’s role vis‐a‐vis regulation, consumer protection, and support to legal professionals.” In furtherance of its strategic priority, the WSBA Board of Governors voted in November 2023 to support the pilot test and become partners, as the WSBA acts under delegated authority from the Court to assist in regulating the practice of law and would have the expertise and responsibility of running the pilot in collaboration with the POLB. The POLB and WSBA have since drafted a proposed order to implement the pilot.

As proposed, the pilot would allow entities to provide legal and law-related services in Washington under time-bound, limited exemptions from the otherwise applicable rules and statutes governing entities practicing law. If approved by the Court, among U.S. jurisdictions, Washington would follow only Utah and Arizona in executing a plan to determine how the delivery of legal services by entities can be regulated in a manner that protects consumers and promotes broader access to legal services. Under the proposal, participating entities would be required to abide by a Supreme Court authorizing order detailing conditions on their participation, including adherence to rules of ethics and regular reporting of data and information relating to their delivery of services to the public.

Resources

Feedback? Send it to entityregulationpilot@wsba.org

Questions? Contact POLB liaison Thea Jennings