ELC 10.4
NOTICE TO ANSWER
(a) Content. The notice to answer must be substantially in
the following form:
BEFORE THE DISCIPLINARY BOARD OF THE
WASHINGTON STATE BAR ASSOCIATION
In re ) NOTICE TO ANSWER
) NOTICE OF HEARING OFFICER [OR PANEL]
_________________, ) NOTICE OF DEFAULT PROCEDURE
Lawyer. )
To: The above named lawyer:
A formal complaint has been filed against you, a copy of
which is served on you with this notice. You are notified
that you must file your answer to the complaint within 20
days of the date of service on you, by filing the original
of your answer with the Clerk to the Disciplinary Board of
the Washington State Bar Association, [insert address] and
by serving one copy [on the hearing officer] [on each member
of the hearing panel] if one has been assigned and one copy
on disciplinary counsel at the address[es] given below.
Failure to file an answer may result in the imposition of a
disciplinary sanction against you and the entry of an order
of default under rule 10.6 of the Rules for Enforcement of
Lawyer Conduct.
Notice of default procedure: Your default may be entered
for failure to file a written answer to this formal
complaint within 20 days of service as required by rule 10.6
of the Rules for Enforcement of Lawyer Conduct. The entry
of an order of default may result in the charges of
misconduct in the formal complaint being admitted and
discipline being imposed or recommended based on the
admitted charges of misconduct. If an order of default is
entered, you will lose the opportunity to participate
further in these proceedings unless and until the order of
default is vacated on motion timely made under rule 10.6(c)
of the Rules for Enforcement of Lawyer Conduct. The entry
of an order of default means that you will receive no
further notices regarding these proceedings except those
required by rule 10.6(b)(2).
The [hearing officer] [hearing panel] assigned to this
proceeding is: [insert name, address, and telephone number
of hearing officer, or name, address, and telephone number
of each hearing panel member with an indication of the chair
of the panel].
Dated this __________ day of __________________, 20___.
WASHINGTON STATE BAR ASSOCIATION
By
_________________________________
Disciplinary Counsel, Bar No.
Address:
_______________________________
Telephone:
_____________________________
(b) Notice When Hearing Officer or Panel Not Assigned. If
no hearing officer or panel has been assigned when a formal
complaint is served, disciplinary counsel serves the formal
complaint and a notice to answer as in section (a), but
without reference to the hearing officer or panel.
[Adopted effective October 1, 2002.]
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