ELC 4.1
                      SERVICE OF PAPERS


(a) Service Required.  Every pleading, every paper relating
to discovery, every written request or motion other than one
which may be heard ex parte, and every similar paper or
document issued by disciplinary counsel or the respondent
lawyer under these rules must be served on the opposing
party.  If a hearing is pending and a hearing officer has
been assigned, except for discovery, the party also must
serve a copy on the hearing officer or panel chair or, if
required by these rules, on each member of a hearing panel.

(b) Methods of Service.

  (1) Service by Mail.

     (A) Unless personal service is required or these rules
        specifically provide otherwise, service may be
        accomplished by postage prepaid mail.  If properly
        made, service by mail is deemed accomplished on the
        date of mailing and is effective regardless of
        whether the person to whom it is addressed actually
        receives it.

     (B) Except as provided below, service by mail must be
        by certified or registered mail, return receipt
        requested.  Service may be by first class mail if:

        (i) the parties so agree;

        (ii) the document is a notice of dismissal by
            disciplinary counsel or by a review committee
            under rule 5.6, a notice regarding deferral
            under rule 5.3(c), or a request for review of
            any of these notices;

        (iii) one or more properly made certified
            mailings is returned as unclaimed; or

        (iv) service is on a hearing officer or panel.

     (C) The address for service by mail is as follows:

        (i) for the respondent, or his or her attorney of
            record, the address in the answer, a notice of
            appearance, or any subsequent document filed by
            the respondent or his or her attorney; or, in
            the absence of an answer, the respondent’s
            address on file with the Association;

        (ii) for disciplinary counsel, at the address
            of the Association or other address that
            disciplinary counsel requests.

  (2) Service by Delivery.  If service by mail is
     permitted, service may instead be accomplished by
     leaving the document at the address for service by
     mail.

  (3) Personal Service.  Personal service on a
     respondent is accomplished as follows:

     (A) if the respondent is found in Washington State, by
        personal service in the manner required for
        personal service of a summons in a civil action in
        the superior court;

     (B) if the respondent cannot be found in Washington
        State, service may be made either by:

        (i) leaving a copy at the respondent’s place of
            usual abode in Washington State with a person
            of suitable age and discretion then resident
            therein; or

        (ii) mailing by registered or certified mail,
            postage prepaid, a copy addressed to the
            respondent at his or her last known place of
            abode, office address maintained for the
            practice of law, post office address, or
            address on file with the Association.

     (C) if the respondent is found outside of Washington
        State, then by the methods of service described in
        (A) or (B) above.

(c) Service Where Question of Mental Competence.  If a
guardian or guardian ad litem has been appointed for a
respondent who has been judicially declared to be of unsound
mind or incapable of conducting his or her own affairs,
service under sections  (a) and (b) above must also be made
on the guardian or guardian ad litem.

(d) Proof of Service.  If personal service is required,
proof of service may be made by affidavit of service,
sheriff's return of service, or a signed acknowledgment of
service.  In other cases, proof of service may also be made
by certificate of a lawyer similar to that allowed by CR
5(b)(2)(B), which certificate must state the form of mail
used.  Proof of service in all cases must be filed but need
not be served on the opposing party.


[Adopted effective October 1, 2002.]