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                                     APR 19
                                LAWYER SERVICES


     (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; December 28, 2010.]
	

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