lawyer of the Day 

People should not have to navigate the court system without meaningful legal guidence simply because they cannot afford and attorney. 

Clark County already provides valuable assistance through the Family Court Facilitator program. However, there is an important limitation; a court facilitator cannot provide legal advice. Clark County specifically informs the public that only an attorney in private practice or a volunteer legal-services program can advise individuals about their legal rights and responsibilities.

As Clark County Clerk, I would work to establish a Lawyer of the Day program that connects qualifying self-represented litigants with volunteer licensed attorneys who can provide limited legal assistance through a coordinated Lawyer of the Day program. 

THE MASSACHUSETTS MODEL

Massachusetts courts have successfully used Lawyer for the Day programs in which volunteer attorneys provide limited assistance to people who do not have lawyers.

Depending upon the particular program and type of case, volunteer attorneys may provide basic legal advice, explain legal rights and options, help people understand court forms and procedures, discuss possible next steps, and in appropriate circumstances provide limited assistance in mediation or court proceedings.

As Clark County Clerk, I would work with Superior Court leadership and community partners to adapt this proven model to Washington law and the needs of Clark County. 

This would not mean applying Massachusetts law in Washington. Massachusetts provides the model; a Clark County program would operate entirely under Washington law, Washington court rules, and Washington professional conduct requirements.

BRIDGING THE JUSTICE GAP FOR THOSE WHO CANNOT AFFORD AN ATTORNEY

Many people represent themselves in court because they cannot afford an attorney.

The Clerk's Office and Family Court Facilitator can provide important procedural information, forms, filing assistance, and information about court procedures. But Clerk's Office employees and facilitators cannot become a person's attorney or provide the individualized legal advice that only a lawyer may provide.

This creates an important gap in access to legal assistance for self-represented litigants. A Lawyer of the Day program could help bridge that gap by bringing volunteer attorneys into the courthouse or making them available through a coordinated program to provide limited legal assistance to eligible self-represented litigants.

The goal would not be to provide every person with a free attorney for an entire case. Instead, the program could provide targeted assistance that helps people understand their legal situation, their options, and what they need to do next.

WASHINGTON LAW ALLOWS LIMITED LEGAL REPRESENTATION

Washington already recognizes limited legal representation.

Under Washington Rule of Professional Conduct 1.2(c), a lawyer may limit the scope of representation when the limitation is reasonable under the circumstances, and the client gives informed consent.

Washington court rules also recognize limited appearances by attorneys in appropriate civil matters.

These rules provide a legal framework through which attorneys can provide defined, limited legal services without necessarily undertaking representation of a person's entire case.

Washington's Rules of Professional Conduct specifically recognize short-term limited legal services provided through programs sponsored by nonprofit organizations or courts. Washington Rule of Professional Conduct 6.5 establishes rules governing lawyers who provide these short-term limited legal services.

Together, RPC 1.2(c) and RPC 6.5 provide an existing professional framework under which licensed attorneys may provide defined, limited legal assistance without necessarily representing a person throughout an entire case. Any Clark County Lawyer of the Day program would be developed in accordance with these rules and all other applicable Washington court rules and ethical requirements.

THE COUNTY CLERK'S ROLE

The Clark County Clerk cannot simply appoint attorneys to represent litigants, and the Clerk cannot require private attorneys to volunteer.

The Clerk also cannot independently create court rules or exercise the judicial authority of Superior Court judges.

However, the Clerk is an independently elected county officer responsible for substantial statutory functions supporting Superior Court.

Under RCW 2.32.050, the County Clerk maintains the records and files of Superior Court, files court papers, records court proceedings, attends court as required by law, administers oaths, and performs other duties prescribed by law.

The Clerk's Office is therefore one of the principal points of contact between the public and Superior Court.

As Clerk, I would use that administrative position to bring together the people and organizations necessary to determine how a Lawyer of the Day program can lawfully operate in Clark County.

WHO I WOULD WORK WITH

Establishing this program would require cooperation rather than unilateral action by the County Clerk.

I would work with Clark County Superior Court leadership, the Clark County Council and appropriate county departments, the Clark County Bar Association, the Washington State Bar Association, local volunteer attorneys, legal-aid organizations, the Clark County Law Library, and other community partners to develop a program appropriate for Clark County.

Superior Court would need to be involved in any aspects of the program affecting courtroom operations, court procedures, scheduling, courthouse space, or judicial administration.

Licensed attorneys and participating legal services organizations would remain responsible for providing legal advice and complying with Washington's Rules of Professional Conduct.

The Clerk's Office would help provide the administrative coordination and public access necessary to connect self-represented litigants with the program.

HOW THE PROGRAM COULD WORK

My goal would be to create designated times when volunteer attorneys are available to meet with eligible self represented litigants.

Depending upon the program developed with Superior Court and participating attorneys, assistance could include explaining legal rights and options, reviewing court documents, helping litigants understand what information they may need for court, explaining possible next steps, and providing other limited legal assistance permitted under Washington law.

The program could begin on a limited basis and expand as volunteer participation and resources permit.

Safeguards would be established for conflicts of interest, confidentiality, eligibility, informed consent, and the scope of each attorney's representation.

HELPING THE PUBLIC AND THE COURT

A person who understands the legal process is better prepared when appearing before a judge.

Providing access to limited legal assistance can help self-represented litigants better understand their responsibilities and legal options before entering the courtroom.

That can benefit not only the individual litigant but the administration of justice by helping people arrive better prepared and better informed.

MY COMMITMENT

As Clark County Clerk, I will not promise authority that the law does not give the Clerk. What I will promise is leadership. I will bring the appropriate people to the table and work collaboratively to determine how Clark County can provide greater access to volunteer legal assistance while protecting judicial independence and complying with Washington law and court rules.

The courthouse belongs to the people it serves. A person's ability to understand the legal system should not depend entirely upon whether that person can afford thousands of dollars in attorney fees.

A Lawyer of the Day program is one practical way Clark County can work toward a court system that is more accessible, understandable, and efficient for everyone.

Friends of Rachel Shapiro P.O. Box 5912 Vancouver, WA 98668