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WSBA panel outlines Washington Supreme Court's entity regulation pilot to test nontraditional legal-service models
Summary
At a Washington State Bar Association panel, Practice of Law Board member Craig Schenk and Pro Bono Counsel Michael Terasaki described a Washington Supreme Court-authorized 10-year entity regulation pilot that will allow entities such as nonprofits, multidisciplinary groups and tech-enabled providers to apply for time-limited authorizations to deliver limited legal services under oversight.
Craig Schenk, a member of the Washington Supreme Court's Practice of Law Board, told a Washington State Bar Association panel that the court authorized an "entity regulation" pilot in December 2024 to test new ways of delivering legal services.
"For the first time, entities, including nonprofits, law firms, legal aid organizations, multidisciplinary groups, corporations, can apply to deliver legal services," Schenk said, describing a framework that issues time-limited authorizations and narrow exemptions from specific rules so applicants can try new models.
Schenk said the pilot is meant as a 10-year, evidence-driven experiment to identify which approaches expand access to justice without sacrificing consumer protection. He emphasized that the pilot creates exemptions from some rules but not from consumer-protection obligations: each applicant must submit a hypothesis for how its model would expand access, designate a compliance officer and agree to rigorous monitoring and reporting.
Schenk and Michael Terasaki, who coordinates county-based volunteer lawyer programs and spoke from his pro bono-counsel role, said the pilot is designed to respond to a widening access-to-justice gap that training, pro bono hours or modest funding increases alone cannot close. Schenk noted gaps identified by a recent legal-technology task force, including needs for training, ethics guidance and stronger cybersecurity practices for legal-service providers.
Panelists cited examples from other states as possible models for Washington: Alaska's community justice worker program, which trains trusted local helpers to provide limited-scope assistance; Utah and Arizona authorizations for groups such as Grama Legal and Timpanogos Legal Center; and nonprofit efforts on medical-debt assistance. Schenk also observed that some innovations required navigating ownership rules (he referenced "rule 5.4") in jurisdictions that permit nonlawyer ownership or alternative structures.
Schenk said detailed program documents and a public website will post updates and that program materials were expected to go live in coming months. He invited participants to learn more, sign up via flyers and QR codes at the session, and consider applying when the pilot opens for applications.
The panel did not vote on or adopt any policy during the session; speakers urged attendees to read forthcoming program materials and consider submitting pilot applications.
Next steps: Schenk said the pilot website and program documents will post updates; interested organizations can sign up for notifications via the WSBA desk and the panel's outreach materials.
