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                                  ELC  15.4.
                     TRUST ACCOUNT OVERDRAFT NOTIFICATION


  (a) Overdraft Notification Agreement Required.  To be authorized as a
depository for lawyer trust accounts referred to in RPC 1.15A(i) or LPO trust
accounts referred to in LPO RPC 1.12A(i), a financial institution, bank, credit
union, savings bank, or savings and loan association must file with the Legal
Foundation of Washington an agreement, in a form provided by the Washington
State Bar Association, to report to the Washington State Bar Association if any
properly payable instrument is presented against a lawyer, LPO or closing firm
trust account containing insufficient funds, whether or not the instrument is
honored.  The agreement must apply to all branches of the financial institution
and cannot be canceled except on 30 days' notice in writing to the Legal
Foundation of Washington.  The Legal Foundation of Washington must provide
copies of signed agreements and notices of cancellation to the Washington State
Bar Association

  (b) Overdraft Reports.

      (1)  The overdraft notification agreement must provide that all reports made
by the financial institution must contain the following information:

          (A) the identity of the financial institution;

          (B) the identity of the (1) the lawyer or law firm, or (2) the limited
              practice officer or closing firm;

          (C) the account number; and

          (D) either:

              (i)  the amount of overdraft and date created; or

              (ii) the amount of the returned instrument(s) and the date returned.

  (2) The financial institution must provide the information required by the
notification agreement within five banking days of the date the item(s) was
paid or returned unpaid.

  (c) Costs.  Nothing in these rules precludes a financial institution from
charging a particular lawyer or law firm for the reasonable cost of producing
the reports and records required by this rule, but those charges may not be a
transaction cost charged against funds payable to the Legal Foundation of
Washington under RPC 1.15A(i)(1) and ELC 15.7(e).

  (d) Notification by Lawyer.  Every lawyer who receives notification that any
instrument presented against his or her trust account was presented against
insufficient funds, whether or not the instrument was honored, must promptly
notify the Office of Disciplinary Counsel of the Association of the information
required by section (b).  The lawyer must include a full explanation of the
cause of the overdraft.
	

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