ELC 5.3
                 INVESTIGATION OF GRIEVANCE


(a) Review and Investigation.  Disciplinary counsel must
review and may investigate any alleged or apparent
misconduct by a lawyer and any alleged or apparent
incapacity of a lawyer to practice law, whether disciplinary
counsel learns of the misconduct by grievance or otherwise.
If there is no grievant, the Association may open a
grievance in the Association’s name.

(b) Adjunct Investigative Counsel.  Disciplinary counsel may
assign a case to adjunct investigative counsel for
investigation.  Disciplinary counsel assists in those
investigations and monitors the performance of adjunct
investigative counsel.  On receiving a report of an
investigation by an adjunct investigative counsel,
disciplinary counsel may, as appears appropriate, request or
conduct additional investigation or take any action under
these rules.

(c) Deferral by Disciplinary Counsel.

  (1) Disciplinary counsel may defer an investigation
     into alleged acts of misconduct by a lawyer:

     (A) if it appears that the allegations are related to
         pending civil or criminal litigation;

     (B) if it appears that the respondent lawyer is
         physically or mentally unable to respond to the
         investigation; or

     (C) for other good cause, if it appears that the
         deferral will not endanger the public.

  (2) Disciplinary counsel must inform the grievant and
     respondent of a decision to defer or a denial of a
     request to defer and of the procedure for requesting
     review.  A grievant or respondent may request review of
     a decision on deferral.  If review is requested,
     disciplinary counsel refers the matter to a review
     committee for reconsideration of the decision on
     deferral.  To request review, the grievant or
     respondent must deliver or deposit in the mail a
     request for review to the Association no later than 45
     days after the Association mails the notice regarding
     deferral.

(d) Dismissal of Grievance Not Required.  None of the
following alone requires dismissal of a grievance: the
unwillingness of a grievant to continue the grievance, the
withdrawal of the grievance, a compromise between the
grievant and the respondent, or restitution by the
respondent.

(e) Duty To Furnish Prompt Response.  Any lawyer must
promptly respond to any inquiry or request made under these
rules for information relevant to grievances or matters
under investigation.  Upon inquiry or request, any lawyer
must:

  (1) furnish in writing, or orally if requested, a full
     and complete response to inquiries and questions;

  (2) permit inspection and copying of the lawyer’s
     business records, files, and accounts;

  (3) furnish copies of requested records, files, and
     accounts;

  (4) furnish written releases or authorizations if
     needed to obtain documents or information from third
     parties; and

  (5) comply with discovery conducted under rule 5.5.

(f) Failure To Cooperate.

  (1) Noncooperation Deposition.  If a lawyer has not
     complied with any request made under section (e) or
     rule 2.13(d) for more than 30 days, disciplinary
     counsel may notify the lawyer that failure to comply
     within ten days may result in the lawyer’s deposition
     or subject the lawyer to interim suspension under rule
     7.2.  Ten days after this notice, disciplinary counsel
     may serve the lawyer with a subpoena for a deposition.
     Any deposition conducted after the ten-day period and
     necessitated by the lawyer’s continued failure to
     cooperate may be conducted at any place in Washington
     State.

  (2) Costs and Expenses.

     (A) Regardless of the underlying grievance’s ultimate
        disposition, a lawyer who has been served with a
        subpoena under this rule is liable for the actual
        costs of the deposition, including but not limited
        to service fees, court reporter fees, travel
        expenses, and the cost of transcribing the
        deposition, if ordered by disciplinary counsel.  In
        addition, a lawyer who has been served with a
        subpoena for a deposition under this rule is liable
        for a reasonable attorney fee of $500.

     (B) The procedure for assessing costs and expenses is
         as follows:

        (i) Disciplinary counsel applies to a review
            committee by itemizing the cost and expenses
            and stating the reasons for the deposition.

        (ii) The lawyer has ten days to respond to
             disciplinary counsel’s application.

        (iii) The review committee by order assesses
              appropriate costs and expenses.

        (iv) Rule 13.9(e) governs Board review of the
             review committee order.

  (3) Grounds for Discipline.  A lawyer’s failure to
     cooperate fully and promptly with an investigation as
     required by section (e) or rule 2.13(d) is also grounds
     for discipline.


[Adopted effective October 1, 2002.]