APR 1 - In General; Supreme Court; Prerequisites to the Practice of Law; Communications to the Association; Confidentiality

• Proposed Changes to APR 1 - In General; Supreme Court; Prerequisites to the Practice of Law; Communications to the Association; Confidentiality (in Word Format)
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GR 9 Cover Sheet

Suggested Amendments

ADMISSION AND PRACTICE RULES (APR) Rule 1.

Submitted by the Washington State Bar Association

A. Name of Proponent:

Robin L. Haynes, President

Washington State Bar Association

B. Spokesperson:

Paula C. Littlewood, Executive Director

Washington State Bar Association

Jean K. McElroy, General Counsel/Chief Regulatory Counsel

Washington State Bar Association

C. Purpose:

The primary purposes of the suggested amendments to APR 1 are to (1) introduce the distinction between the use of the words “admission” and “license” (and their variations) and (2) include a definition section for terms used throughout the APR.

The suggested amendments to many of the rules in the APR refer to the “admission” to practice law or a “license” to practice law. In general, the suggested amendments propose to use “admission” when referring to someone who is admitted to practice law under APR 3 as a lawyer, LLLT or LPO. The authorization to practice law for individuals admitted under APR 3 does not have a time restriction. That is to say that absent non-compliance with continuing license requirements or ethical rules, the license continues indefinitely. All other authorizations to practice law are referred to as a “license” to practice law and are limited to a certain amount of time or only for so long as the individual meets certain conditions. For example, a person licensed as house counsel under APR 8(f) is licensed only so long as employed as house counsel; when the employment terminates, so too does the license to practice law as house counsel. The only exception to the term “license” is under APR 8(b), exception for particular action or proceeding, commonly referred to as pro hac vice. In that case the out of state lawyer is granted “permission” to practice law.

Suggested amendments to APR 1 also incorporate a new definitions section. The definition of “active legal experience” comes from current APR 3. The definition of “qualified legal services provider” comes from current APR 8(e). The rest of the definitions are new and all are meant to apply to all rules under the APR unless otherwise provided in a particular rule.

The remaining amendments relate to referring to the WSBA as the “Bar” throughout the amended APR, clarifying that some entities operating under these rules are administered by the Bar, and changing the name of the Lawyers’ Fund for Client Protection consistent with suggested amendments to APR 15.

D. Supporting Material:

http://www.courts.wa.gov/court_rules/pdf/2016APRCoverLetterToCourt.pdf