APR 19
                          LAWYER SERVICES DEPARTMENT


(a)  Purpose.  The purpose of this rule is to protect the public, to assist
lawyers in the performance of their duties and responsibilities in the
representation of clients, to maintain and improve the integrity of the legal
profession, and to promote the interests of justice.

(b)   Lawyers' Assistance Program (LAP).

     (1)  Authorization.  The Washington State Bar Association is authorized to
          create a program to help prevent and alleviate problems that may detrimentally
          influence a lawyer's performance, including physical illnesses, emotional
          problems or addictions.

     (2)  Confidentiality.  Confidential communications between a lawyer-client and
          staff or peer counselors of the Lawyers' Assistance Program shall be privileged
          against disclosure without the consent of the lawyer-client to the same extent
          and subject to the same conditions as confidential communications between a
          client and psychologist.

     (3)  Exoneration From Liability.

          (i)  Bar Association and Its Agents.  No cause of action shall
               accrue in favor of any person, arising from any action or
               proceeding pursuant to these rules, against the Bar
               Association, or its officers or agents (including but not
               limited to its staff, members of the Board of Governors, or
               any other individual acting under the authority of these
               rules) provided only that the Bar Association, officer or
               agent shall have acted in good faith.  The burden of proving
               bad faith in this context shall be upon the person asserting
               it.  The Bar Association shall provide defense to any action
               brought against an officer or agent of the Bar Association
               for actions taken in good faith under these rules and shall
               bear the costs of that defense and shall indemnify the
               officer or agent against any judgment taken therein.

          (ii) Other persons.  Communications to the Bar Association, Board of Governors,
               staff, or any other individual acting under the authority of these rules, are
               absolutely privileged, and no lawsuit predicated thereon may be instituted
               against them or other person providing information.

(c)  Fee Arbitration Program.  [Reserved.]

(d)  Law Office Management Assistance Program.

     (1)  Authorization.  The Washington State Bar Association is authorized to
          create a program to help improve the quality of legal services by assisting
          lawyers to manage better their offices and improve the professional delivery of
          legal services.

     (2)  Confidentiality.  Information obtained by staff or agents of the Law
          Office Management Assistance Program shall be confidential unless:

          (i)   the assisted lawyer consents to disclosure;

          (ii)  disclosure, based upon reasonable belief, is necessary to prevent the
                assisted lawyer from committing a crime; or

          (iii) pursuant to court order.

(e) Professional Responsibility Program.

     (1)  Authorization. The Washington State Bar Association is authorized
          to maintain a program to assist lawyers in complying with their
          obligations under the Rules of Professional Conduct, thereby
          enhancing the quality of legal representation provided by Washington lawyers.

     (2)  Professional Responsibility Counsel. "Professional responsibility
          counsel" denotes a lawyer employed or appointed by the Bar
          Association to act as counsel on the Bar Association's behalf in
          performing duties under part (e) of this rule, and any other
          lawyer employed or appointed by the Bar Association, including
          but not limited to disciplinary counsel or general counsel,
          whenever such lawyer is temporarily performing those duties.

     (3)  Ethics Inquiries. Any member of the Bar Association, or any
          lawyer or legal intern permitted by rule to practice law in this
          state, may direct an ethics inquiry to professional
          responsibility counsel. Such inquiries should be made by
          telephone to the Bar Association's designated ethics inquiry
          telephone line. The provisions of this rule also apply to ethics
          inquiries initially submitted in writing, including facsimile, e-mail,
          or other electronic means, but do not apply to requests for
          written ethics opinions directed to the Bar Association's Rules
          of Professional Conduct Committee or its equivalent.

     (4)  Scope. An inquirer may request the guidance of professional
          responsibility counsel in identifying, interpreting or applying
          the Rules of Professional Conduct as they relate to his or her
          prospective ethical conduct. If the inquiry presents a set of
          facts, those facts should ordinarily be presented in hypothetical
          format. Professional responsibility counsel provides only
          informal guidance. Professional responsibility counsel provides
          no legal advice or opinions, and the inquirer is responsible for
          making his or her own decision about the ethical issue presented.
          The inquiry shall be declined if it (i) requires analysis or
          resolution of legal issues other than those arising under the
          Rules of Professional Conduct; (ii) seeks an opinion about the
          ethical conduct of a lawyer other than the inquirer; or (iii)
          seeks an opinion about the ethical propriety of the inquirer's
          past conduct.

     (5)  Limitations and Inadmissibility. Neither the making of an inquiry
          nor the providing of information by professional responsibility
          counsel under this rule creates a client-lawyer relationship. Any
          information or opinion provided during the course of an ethics
          inquiry is the informal, individual view of professional
          responsibility counsel only. No information relating to an ethics
          inquiry, including the fact that an inquiry has been made, its
          content, or the response thereto, may be asserted in response to
          any grievance or complaint under the Rules for Enforcement of
          Lawyer Conduct, nor is such information admissible in any
          proceeding under the Rules for Enforcement of Lawyer Conduct.

     (6)  Records. Professional responsibility counsel shall not make or
          maintain any permanent record of the identity of an inquirer or
          the substance of a specific inquiry or response.  Professional
          responsibility counsel may keep records of the number of
          inquiries and the nature and type of inquiries and responses.
          Such records shall be used solely to aid the Bar Association in
          developing the Professional Responsibility Program and developing
          additional educational programs. Such records shall be exempt
          from public inspection and copying and shall not be subject to
          discovery or disclosure in any proceeding.

     (7)  Confidentiality. Communications between an inquirer and
          professional responsibility counsel are confidential and shall be
          privileged against disclosure except by consent of the inquirer
          or as authorized by the Supreme Court. Professional
          responsibility counsel shall not use or reveal information
          learned during the course of an ethics inquiry except as RPC 1.9
          would permit with respect to information of a former client. The
          provisions of RPC 8.3 do not apply to information received by
          professional responsibility counsel during the course of an
          ethics inquiry.

(f)  Communications to the Association.
          Communications to the Bar Association, Board of Governors,
          staff, or any other individual acting under the authority of this
          rule, are absolutely privileged, and no lawsuit predicated
          thereon may be instituted against them or other person providing information.


[Adopted effective September 1, 2001; amended effective April 1, 2003; December 4, 2007;
 January 2, 2008.]