Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
                              RPC RULE 6.5
        NONPROFIT AND COURT-ANNEXED LIMITED LEGAL SERVICE PROGRAMS


   (a) A lawyer who, under the auspices of a program sponsored by a
nonprofit organization or court, provides short-term limited legal services
to a client without expectation by either the lawyer or the client that the
lawyer will provide continuing representation in the matter and without
expectation that the lawyer will receive a fee from the client for the
services provided:

   (1) is subject to Rules 1.7, 1.9(a), and 1.18(c) only if the lawyer
knows that the representation of the client involves a conflict of
interest, except that those Rules shall not prohibit a lawyer from
providing limited legal services sufficient only to determine eligibility
of the client for assistance by the program and to make an appropriate
referral of the client to another program;

   (2) is subject to Rule 1.10 only if the lawyer knows that another
lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7
or 1.9(a) with respect to the matter; and

   (3) notwithstanding paragraphs (1) and (2), is not subject to
Rules 1.7, 1.9(a), 1.10, or 1.18(c) in providing limited legal services to
a client if:

   (i) the program lawyers representing the opposing clients are
screened by effective means from information relating to the representation
of the opposing client;

   (ii) each client is notified of the conflict and the screening
mechanism used to prohibit dissemination of information relating to the
representation; and

   (iii) the program is able to demonstrate by convincing evidence that
no material information relating to the representation of the opposing
client was transmitted by the personally disqualified lawyers to the lawyer
representing the conflicting client before implementation of the screening
mechanism and notice to the opposing client.

   (b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to
a representation governed by this Rule.

Comment

   [1] [Washington revision] Legal services organizations, courts and
various nonprofit organizations have established programs through which
lawyers provide short-term limited legal services - such as advice or the
completion of legal forms - that will assist persons to address their legal
problems without further representation by a lawyer. In these programs,
such as legal-advice hotlines, advice-only clinics or pro se counseling
programs, a client-lawyer relationship is established, but there is no
expectation that the lawyer's representation of the client will continue
beyond the limited consultation. Such programs are normally operated under
circumstances in which it is not feasible for a lawyer to systematically
screen for conflicts of interest as is generally required before
undertaking a representation. See, e.g., Rules 1.7, 1.9, 1.10, and 1.18.

   [2] A lawyer who provides short-term limited legal services pursuant to
this Rule must secure the client's informed consent to the limited scope of
the representation. See Rule 1.2(c). If a short-term limited representation
would not be reasonable under the circumstances, the lawyer may offer
advice to the client but must also advise the client of the need for
further assistance of counsel. Except as provided in this Rule, the Rules
of Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to
the limited representation.

   [3] [Washington revision] Because a lawyer who is representing a client
in the circumstances addressed by this Rule ordinarily is not able to check
systematically for conflicts of interest, paragraph (a) requires compliance
with Rules 1.7 or 1.9(a), or 1.18(c) only if the lawyer knows that the
representation presents a conflict of interest for the lawyer, and with
Rule 1.10 only if the lawyer knows that another lawyer in the lawyer's firm
is disqualified by Rules 1.7 or 1.9(a) in the matter.

   [4] Because the limited nature of the services significantly reduces the
risk of conflicts of interest with other matters being handled by the
lawyer's firm, paragraph (b) provides that Rule 1.10 is inapplicable to a
representation governed by this Rule except as provided by paragraph
(a)(2). Paragraph (a)(2) requires the participating lawyer to comply with
Rule 1.10 when the lawyer knows that the lawyer's firm is disqualified by
Rules 1.7 or 1.9(a). By virtue of paragraph (b), however, a lawyer's
participation in a short-term limited legal services program will not
preclude the lawyer's firm from undertaking or continuing the
representation of a client with interests adverse to a client being
represented under the program's auspices. Nor will the personal
disqualification of a lawyer participating in the program be imputed to
other lawyers participating in the program.

   [5] If, after commencing a short-term limited representation in
accordance with this Rule, a lawyer undertakes to represent the client in
the matter on an ongoing basis, Rules 1.7, 1.9(a) and 1.10 become applicable.

Additional Washington Comments (6 - 7)

   [6] Washington's version of this Rule differs from the Model Rule. The
differences accommodate the unique civil legal services delivery system,
which uses a statewide centralized telephone intake and referral system for
low-income persons to access free civil legal services. The Rule recognizes
that lawyers who provide intake and referral services such as these will
necessarily at times receive confidential information from adverse parties.
The risk that such information will be used against the material interests
of either party is relatively low in comparison to the need for services,
and when such a risk exists, protections of lawyer screening and notice to
the client are required by the Rule.

   [7] Paragraph (a)(3) was taken from former Washington RPC 6.5(a)(3) as
enacted in 2002. The replacement of "confidences and secrets" in paragraph
(a)(3) with "information relating to the representation" was necessary to
conform the language of the Rule to a terminology change in Rule 1.6. No
substantive change is intended. See Comment [19] to Rule 1.6.


[Adopted effective September 1, 2006.]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices