APR 15
LAWYERS' FUND FOR CLIENT PROTECTION
(a) Purpose. The purpose of this rule is to create a
Lawyers' Fund for Client Protection, to be maintained and
administered as a trust by the Washington State Bar
Association (WSBA), in order to promote public confidence in
the administration of justice and the integrity of the legal
profession.
(b) Establishment. There is established the Lawyers' Fund
for Client Protection (Fund). The Fund may be used for the
purpose of relieving or mitigating a pecuniary loss
sustained by any client by reason of the dishonesty of, or
failure to account for money or property entrusted to, any
member of the WSBA in connection with the member's practice
of law or while acting as a fiduciary in a matter related to
the member's practice of law. The Fund may also be used to
relieve or mitigate like loss sustained by persons by reason
of similar acts of an individual who was at one time a
member of the WSBA but who was, at the time of the act
complained of, under court ordered suspension. The Fund
shall not be used for the purpose of relieving any pecuniary
loss resulting from an attorney's negligent performance of
services or for acts performed after a member is disbarred.
Payments from the Fund shall be considered gifts to the
recipients and shall not be considered entitlements.
(c) Funding. The Supreme Court may provide for funding by
assessment of members of the WSBA in amounts determined by
the court upon the recommendation of the Board of Governors
of the WSBA.
(d) Enforcement. Failure to pay any fee assessed by the
court on or before the date specified by the court shall be
a cause for suspension from practice until payment has been
made.
(e) Restitution. A lawyer whose conduct results in payment
to an applicant shall be liable to the Fund for restitution.
(f) Administration. The Fund shall be maintained and
administered by the Board of Governors acting as trustees
for the Fund. The Board shall appoint the Lawyers' Fund for
Client Protection Board (Client Protection Board) to
administer the Fund pursuant to rules adopted by the Board
of Governors and approved by the Supreme Court. The Client
Protection Board shall consist of 11 lawyers and 2
nonlawyers, who will be appointed to serve staggered 3-year
terms.
(g) Subpoenas. A lawyer member of the Client Protection
Board, or counsel for the Washington State Bar Association
assigned to the Client Protection Board, shall have the
power to issue subpoenas to compel the attendance of the
lawyer being investigated or of a witness, or the production
of books, or documents, or other evidence, at the taking of
a deposition. A subpoena issued pursuant to this rule shall
indicate on its face that the subpoena is issued in
connection with an investigation under this rule.
Subpoenas shall be served in the same manner as in civil
cases in the superior court.
(h) Reports. The Board of Governors, in consultation with
the Client Protection Board, shall file with the Supreme
Court a full report on the activities and finances of the
Fund at least annually and may make other reports to the
court as necessary.
(i) Communications to the Association: Communications to
the Association, Board of Governors (Trustees), Client
Protection Board, Association staff, or any other individual
acting under the authority of these rules, are absolutely
privileged, and no lawsuit predicated thereon may be
instituted against any applicant or other person providing
information.
[Adopted effective September 1, 1994; amended effective
October 1, 2002; January 2, 2008; January 13, 2009.]
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