GENERAL RULE 24
DEFINITION OF THE PRACTICE OF LAW
(a) General Definition: The practice of law is the
application of legal principles and judgment with regard
to the circumstances or objectives of another entity or
person(s) which require the knowledge and skill of a
person trained in the law. This includes but is not
limited to:
(1) Giving advice or counsel to others as to their
legal rights or the legal rights or responsibilities of
others for fees or other consideration.
(2) Selection, drafting, or completion of legal
documents or agreements which affect the legal rights of
an entity or person(s).
(3) Representation of another entity or person(s) in a
court, or in a formal administrative adjudicative
proceeding or other formal dispute resolution process or
in an administrative adjudicative proceeding in which
legal pleadings are filed or a record is established as
the basis for judicial review.
(4) Negotiation of legal rights or responsibilities on
behalf of another entity or person(s).
(b) Exceptions and Exclusions: Whether or not they
constitute the practice of law, the following are
permitted:
(1) Practicing law authorized by a limited license to
practice pursuant to Admission to Practice Rules 8 (special
admission for: a particular purpose or action; indigent
representation; educational purposes; emeritus membership;
house counsel), 9 (legal interns), 12 (limited practice for
closing officers), or 14 (limited practice for foreign law
consultants).
(2) Serving as a courthouse facilitator pursuant to court
rule.
(3) Acting as a lay representative authorized by
administrative agencies or tribunals.
(4) Serving in a neutral capacity as a mediator, arbitrator,
conciliator, or facilitator.
(5) Participation in labor negotiations, arbitrations or
conciliations arising under collective bargaining rights or
agreements.
(6) Providing assistance to another to complete a form
provided by a court for protection under RCW chapters 10.14
(harassment) or 26.50 (domestic violence prevention) when no
fee is charged to do so.
(7) Acting as a legislative lobbyist.
(8) Sale of legal forms in any format.
(9) Activities which are preempted by Federal law.
(10) Serving in a neutral capacity as a clerk or court
employee providing information to the public pursuant to
Supreme Court Order.
(11) Such other activities that the Supreme Court has
determined by published opinion do not constitute the
unlicensed or unauthorized practice of law or that have been
permitted under a regulatory system established by the Supreme
Court.
(c) Non-lawyer Assistants: Nothing in this rule shall
affect the ability of non-lawyer assistants to act under
the supervision of a lawyer in compliance with Rule 5.3
of the Rules of Professional Conduct.
(d) General Information: Nothing in this rule shall
affect the ability of a person or entity to provide
information of a general nature about the law and legal
procedures to members of the public.
(e)Governmental agencies: Nothing in this rule shall
affect the ability of a governmental agency to carry out
responsibilities provided by law.
(f) Professional Standards: Nothing in this rule shall
be taken to define or affect standards for civil
liability or professional responsibility.
[Adopted effective September 1, 2001;
amended effective April 30, 2002.]
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