ADMISSION TO PRACTICE RULES (APR)
TABLE OF RULES
Rules
1 In General, Supreme Court Prerequisites to The Practice of Law; Immunity
2 Board of Governors
3 Applicants To Take the Bar Examination
4 Bar Examinations; Certification of Results
5 Recommendation for Admission; Order Admitting to Practice; Payment of Membership Fee;
Oath of Attorney; Resident Agent
6 Law Clerk Program
7 Investigations; Duty of Applicant
8 Special Admissions
9 Legal Interns
10 Reserved
11 Continuing Legal Education
11.1 Purpose
11.2 Educational Requirement
11.3 Board of Mandatory Continuing Legal Education
11.4 Powers of the MCLE Board
11.5 Expenses of the MCLE Board
11.6 Reports and Enforcement
11.7 Confidentiality
Regs Regulations of the Washington State Continuing Legal Education Board
Regs Regulations of the Washington State Continuing Legal Education Board
12 Limited Practice Rule for Limited Practice Officers
LPO Continuing Education Regulations of the Limited Practice Board
LPO Regulations of the APR 12 Limited Practice Board
LPO Limited Practice Officer Rules of Professional Conduct (LPORPC)
LPO Disciplinary Regulations Applicable to ELPOC Title 15
LPO Rules for Enforcement of Limited Practice Officer Conduct (ELPOC)
13 Signing of Pleadings and Other Papers; Address of Record; Electronic Mail Address;
Notice of Change of Address, Telephone Number, or Name
14 Limited Practice Rule for Foreign Law Consultants
15 Lawyers' Fund for Client Protection
15 Lawyers' Fund for Client Protection - Procedural Rules
16 Mediation Program
17 Suspension from Practice
18 Admission of Lawyers Licensed in Other States or Territories of the United States or the
District of Columbia to Practice Law in Washington
19 Lawyer Services
20 Character and Fitness Board
20.1 Authority of Board
20.2 Meetings
20.3 Bar Counsel
20.4 Clerk
20.5 Service
21 Character Defined
22 Fitness Defined; Independent Fitness Examination
23 Character and Fitness Board - Prehearing Procedure - Applications for Admission
24 Applications for Admission
24.1 Duty of Applicant
24.2 Factors Considered when Determining Character and Fitness
24.3 Hearings
24.4 Decision and Recommendation
24.5 Action on Supreme Court's Determination
25 Petitions for Reinstatement after Disbarment
25.1 Restrictions on Reinstatement
25.2 Reversal of Conviction
25.3 Petitions and Investigations
25.4 Hearing Before Character and Fitness Board
25.5 Action by Character and Fitness Board
25.6 Action on Supreme Court's Determination
26 Insurance Disclosure
27 Provision of Legal Services Following Determination of Major Disaster
28 Limited Practice Rule for Limited License Legal Technicians
APR 1
IN GENERAL; SUPREME COURT; PREREQUISITES
TO THE PRACTICE OF LAW; IMMUNITY
(a) Supreme Court. The Supreme Court of Washington has the
exclusive responsibility and the inherent power to establish
the qualifications for admission to practice law, and to
admit persons to practice law in this state. Any person
carrying out the functions set forth in these rules is
acting under the authority and at the direction of the
Supreme Court.
(b) Prerequisites to the Practice of Law. Except as may be
otherwise provided in these rules, a person shall not appear
as an attorney or counsel in any of the courts of the State
of Washington, or practice law in this state, unless that
person has passed the Washington State bar examination, has
complied with the other requirements of these rules, and is
an active member of the Washington State Bar Association
(referred to in these rules as the Bar Association). A
person shall be admitted to the practice of law and become
an active member of the Bar Association only by order of the
Supreme Court.
(c) Communications to the Association. Communications to the
Association, the Board of Governors, the Board of Bar
Examiners, the Character and Fitness Board, the Law Clerk
Board, mediators, mediation staff, or any other individual
person, board, committee or other entity acting under
authority of these rules, are absolutely privileged, and no
lawsuit may be predicated thereon.
[Amended effective September 1, 1984; September 1, 1999;
September 1, 2005; September 1, 2006; January 2, 2008;
January 13, 2009]
APR 2
BOARD OF GOVERNORS
(a) Powers. In addition to any other power or authority in
other rules, the Board of Governors of the Bar Association
(referred to in these rules as the Board of Governors)
shall have the power and authority to:
(1) Appoint a Board of Bar Examiners from among the
active members of the Bar Association for the purposes
of assisting the Board of Governors in conducting the
bar examination;
(2) Appoint a Law Clerk Board from among the active
members of the Bar Association for the purposes of
assisting the Board of Governors in supervising the
Law Clerk Program;
(3) Appoint a Character and Fitness Board pursuant to
rule 20;
(4) Approve or deny applications for permission to
take the bar examination, to enroll in the law clerk
program, to be admitted to practice pursuant to rule
18, or to engage in the limited practice of law under
pertinent provisions of rules 8, 9, and 14;
(5) Investigate all aspects of an applicant's
qualifications to take the bar examination, to be
admitted to the practice of law, to engage in the
limited practice of law under pertinent provisions of
rules 8, 9, and 14, or to enroll in the law clerk
program;
(6) Recommend to the Supreme Court the admission or
rejection of each applicant who has passed the bar
examination or who is applying to engage in the
limited practice of law under pertinent provisions of
rules 8 and 9;
(7) Approve law schools for the purposes of these
rules and maintain a list of such approved law schools
on file with the Clerk of the Supreme Court;
(8) Prescribe, with the approval of the Supreme Court,
the amount of any fees required by these rules;
(9) Prescribe the form and content of any application,
certificate, or other document referred to in these
rules; and
(10) Perform any other functions and take any other
actions provided for in these rules, or as may be
delegated by the Supreme Court, or as may be necessary
and proper to carry out its duties.
(b) Written Request. Any request to the Board of Governors
for action on any subject under these rules shall be in
writing and shall be properly filed. For the purpose of
these rules, filing shall occur at the headquarters office
of the Bar Association.
[Amended effective July 9, 1965; May 9, 1967; August 1,
1968; September 27, 1968; March 10, 1971; January 1, 1974;
May 1, 1978; November 2, 1978; September 1, 1984; June 2,
1998; September 1, 2005; September 1, 2006; January 13,
2009.]
RULE 3
APPLICANTS TO TAKE THE BAR EXAMINATION
(a) Prerequisite for Admission. Every person desiring to be admitted
to the Bar of the State of Washington must be of good moral character
and must qualify for and pass a bar examination.
(b) Qualification for Bar Examination. To qualify to sit for the bar
examination, a person must present satisfactory proof of either (i)
graduation from a law school approved by the Board of Governors, or
(ii) completion of the law clerk program prescribed by these rules,
or (iii) admission to the practice of law by examination, together
with current good standing, in any state or territory of the United
States or the District of Columbia or any jurisdiction where the
common law of England is the basis of its jurisprudence, and active
legal experience for at least 3 of the 5 years immediately preceding
the filing of the application. "Active legal experience" shall mean
experience either in the active practice of law, or as a teacher at
an approved law school, or as a judge of a court of general or
appellate jurisdiction, or any combination thereof, in a state or
territory of the United States or in the District of Columbia or in
any jurisdiction where the common law of England is the basis of its
jurisprudence.
(c) Exceptions. The Board of Governors may, in its discretion,
withhold permission for an otherwise qualified person to sit for the
bar examination, until completion of an inquiry into the applicants
character and fitness, if the applicant (i) has ever been convicted
of a "serious crime" as defined in ELC 7.1(a)(2), or (ii) has ever
been disbarred or is presently suspended from the practice of law for
disciplinary reasons in any jurisdiction, or (iii) has previously
been denied admission to the Bar in this or any other jurisdiction
for reasons other than failure to pass a bar examination. The Board
of Governors may also withhold permission to sit for the bar
examination where for any other reason there are serious and
substantial questions regarding the present moral character or
fitness of the applicant. The Board of Governors may refer such
matters to the Character and Fitness Board for investigation and
hearing pursuant to these rules.
(d) Forms; Fees; Filing. Every applicant to take the bar examination shall:
(1) Execute and file an application, in the form and manner and
within the time limits that may be prescribed by the Board of Governors;
(2) Pay upon the filing of the application such fees as may be
set by the Board of Governors with the approval of the Supreme
Court; and
(3) Furnish whatever additional information or proof may be
required in the course of investigating the applicant.
(e) Disclosure of Records. Unless expressly authorized by the Supreme
Court or by the bar applicant, bar application forms and related
records, documents, and proceedings shall not be disclosed, except as
necessary to conduct an investigation and hearing pursuant to rule 7.
[Amended effective August 1, 1968; September 27, 1968; March 10,
1971; July 1, 1976; September 1, 1984; May 10, 1990; September 1,
1992; October 1, 2002; September 1, 2005; September 1, 2006.]
RULE 4
BAR EXAMINATIONS; CERTIFICATION OF RESULTS
(a) Bar Examination. The examination for admission to the
bar shall be conducted by and under the direction of the
Board of Governors with the assistance of the Board of Bar
Examiners. The bar examination shall be held in February
and in July of each year, or at such other times as the
Board of Governors may designate, commencing at the times
and in the locations selected by the Board of Governors.
(b) Certification of Results; Notice. As soon as
practicable after the completion of the bar examination,
the Board of Bar Examiners shall certify to the Board of
Governors the grades of all applicants who have taken the
bar examination. The Board of Governors shall cause each
applicant to be notified of the results of the bar
examination. No information will be divulged concerning the
applicants who failed the bar examination.
(c) Repeating Bar Examination. Any applicant failing a bar
examination may apply to take another bar examination.
[Amended effective July 1, 1974; September 1, 1984;
December 5, 2002; January 13, 2009]
RULE 5
RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE; PAYMENT OF MEMBERSHIP FEE;
OATH OF ATTORNEY; RESIDENT AGENT
(a) Recommendation for Admission. The Board of Governors shall recommend to the Supreme Court the admission
or rejection of each applicant who has passed the bar examination and who has complied with the preadmission
education requirement set forth in this rule. A recommendation for admission shall be based upon the
Board of Governors determination after investigation that the applicant appears to be of good moral character
and in all respects qualified to engage in the practice of law. All recommendations of the Board of Governors
shall be accompanied by the applicant's application for examination and any other documents deemed pertinent
by the Board of Governors or requested by the Supreme Court. The recommendation and all accompanying documents
and papers shall be kept by the Clerk of the Supreme Court in a separate file which shall not be a public record.
(b) Preadmission Education Requirement. Before an applicant who has passed the bar examination or who
qualifies for admission without passing the bar examination may be admitted, the applicant must complete a
minimum of 4 hours education in a curriculum and under circumstances approved by the Board of Governors. These
courses will be offered at no cost to the applicant.
(c) Order Admitting to Practice. After examining the recommendation and accompanying papers transmitted by the
Board of Governors, the Supreme Court may enter such order in each case as it deems advisable. For those applicants
it deems qualified, the Supreme Court shall enter an order admitting them to the practice of law, conditioned
upon such applicants:
(1) Taking and filing with the Clerk of the Supreme Court the Oath of Attorney within 1 year from the date
the bar examination results are made public, except for good cause shown; and
(2) Paying to the Bar Association its membership fee for the current year; and
(3) Designating a resident agent if required to do so by section (f).
(d) Oath of Attorney. The Oath of Attorney must be taken before an elected or appointed judge, excluding judges
pro tempore, sitting in open court in the state of Washington. In the event a successful applicant is outside the
state of Washington and the Chief Justice is satisfied that it is impossible or impractical for the applicant to take
the oath before an elected or appointed judge in this state, the Chief Justice may, upon proper application setting
forth all the circumstances, designate a person authorized by law to administer oaths, before whom the applicant may
appear and take said oath.
(e) Contents of Oath. The oath which all applicants shall take is as follows:
OATH OF ATTORNEY
State of Washington, County of _______________ ss.
I, _______________, do solemnly declare:
1. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide
by the same.
2. I will support the Constitution of the State of Washington and the Constitution of the United States.
3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts of justice and judicial officers.
5. I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, or any defense
except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a
public offense. I will employ, for the purpose of maintaining the causes confided to me, only those means consistent
with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.
6. I will maintain the confidence and preserve inviolate the secrets of my client and will accept no compensation
in connection with the business of my client, unless this compensation is from or with the knowledge and approval of
the client or with the approval of the court.
7. I will abstain from all offensive personalities and advance no fact prejudicial to the honor or reputation of
a party or witness unless required by the justice of the cause with which I am charged.
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed,
or delay unjustly the cause of any person.
______________________________________
(Signature)
SUBSCRIBED AND SWORN TO before me this _____ day of __________, 20__.
______________________________________
Judge
(f) Nonresident Lawyers; Resident Agent. There shall be no requirement that an applicant or a member of the
Bar Association be a resident or a bona fide resident in the state of Washington. Every active member of the
Bar Association who does not live or maintain an office in the state of Washington shall file with the Bar Association
the name and address of an agent within this state for the purpose of receiving service of process or of any other
document required or permitted by statute or court rule to be served or delivered to a resident lawyer. Service or
delivery to such agent shall be deemed service upon or delivery to the lawyer.
[Amended effective July 9, 1965; March 10, 1971; April 26, 1974; May 14, 1982; September 1, 1984; October 11, 1985;
June 25, 2002; June 1, 2006; January 8, 2013.]
APR RULE 6
LAW CLERK PROGRAM
(a) Applicants. Every applicant for enrollment in the law
clerk program shall:
(1) Be of good moral character;
(2) Present satisfactory proof of having been granted a
bachelors degree, other than a bachelor of laws, by a
college or university offering such a degree on the
basis of a 4-year course of study;
(3) Obtain regular, full-time employment in the State
of Washington as a law clerk with (i) a judge of a
court of general, limited, or appellate jurisdiction,
or (ii) a lawyer or firm of lawyers licensed to
practice in this state and actively engaged in the
practice of law;
(4) Submit on forms provided by the Bar Association (i)
an application for admission to the law clerk program,
(ii) the tutors statement required by subsection (b)(3)
of this rule, and (iii) an application fee; and
(5) Appear for an interview, provide any additional
information or proof, and cooperate in any
investigation, as may be deemed relevant by the Board
of Governors; and
(6) Pay such fees as may be set by the Board of
Governors with the approval of the Supreme Court.
(b) Tutors. A lawyer or judge may act as a tutor for only
one law clerk at a time. To be eligible to act as a tutor in
the law clerk program, a lawyer or judge shall:
(1) Be an active member in good standing of the Bar
Association, or be a judicial member who is currently
elected or appointed to an elected position, provided
that if a disciplinary sanction has been imposed upon
the lawyer or judge within the 5 years immediately
preceding approval of the law clerk's application for
enrollment, the Board of Governors shall have the
discretion to accept or reject the lawyer or judge as
tutor;
(2) Have been actively and continuously engaged in the
practice of law or have held the required judicial
position for at least 10 years immediately preceding
the filing of the law clerks application for
enrollment; this may be a combination of active
practice and judicial experience; and
(3) Provide a tutors statement certifying to the law
clerk's employment and to the tutors eligibility, and
agreeing to instruct and examine the law clerk in the
curriculum prescribed by the Law Clerk Board with the
approval of the Board of Governors.
(c) Length of Study. A law clerk, whose application for
enrollment has been accepted by the Board of Governors,
shall study for 4 calendar years. Each calendar year shall
consist of 12 months, with a minimum of 120 hours of study
each month, including the time spent in performing the
duties of a law clerk. The tutor shall give personal
supervision to the law clerk averaging at least 3 hours each
week. "Personal supervision" is defined as time actually
spent with the law clerk for the exposition and discussion
of the law, the recitation of cases, and the critical
analysis of the law clerk's written assignments.
(d) Course of Study. The subjects to be studied, the
sequence in which they are to be studied, and any other
matters pertaining thereto shall be as prescribed by the Law
Clerk Board with the approval of the Board of Governors.
(e) Examinations. All law clerks shall:
(1) Each month, complete a written examination
prepared, administered, and graded by the tutor. The
examination shall be answered without research,
assistance, or reference to source materials during the
examination;
(2) Annually, or at such other intervals as may be
established by the Law Clerk Board, appear with the
tutor before the Law Clerk Board for an oral evaluation
of the law clerks progress.
(f) Certificates. In addition to the tutor's statement
required by section (b)(3) of this rule, the tutor shall
submit, on forms provided by the Bar Association:
(1) A monthly certificate, accompanying the written
examination, stating the number of hours the law clerk
studied each week, the number of hours spent by the
tutor in personal supervision each week, that the
written examination was administered as required, and
that, in the opinion of the tutor, the law clerk is
progressing satisfactorily; and
(2) At the conclusion of the law clerk's course of
study, a certificate stating that the law clerk has
completed the prescribed length and course of study,
and, in the tutor's opinion, is qualified to take the
bar examination and is competent to practice law.
(g) Termination. The Board of Governors may direct a law
clerk to change tutors, and may terminate the enrollment of
law clerks or remove tutors from the program. The Law Clerk
Board may recommend to the Board of Governors that the
enrollment of the law clerk in the program be terminated
for:
(1) Failure to complete the prescribed length and
course of study within 6 years from the date the law
clerk's application for admission was accepted;
(2) Failure of the tutor to submit the monthly
examinations and certificates at the end of each month
in which they are due;
(3) Failure to comply with any of the requirements of
the law clerk program; and
(4) Any other grounds deemed pertinent by the Law Clerk
Board.
(h) Advanced Standing. The Board of Governors may grant
advanced standing to an enrolled law clerk who has attended
either an approved or a nonapproved law school.
(i) Effective Date. The revision of this rule shall not
apply retroactively to any law clerk whose enrollment has
been approved and accepted by the Board of Governors prior
to the effective date of this revision. Each law clerk may
complete the course of study under the version of the rule
in effect on the date the application for enrollment to the
law clerk program was accepted.
[Amended effective September 1, 1984; March 6, 1992;
September 1, 1994; June 2, 1998; April 1, 2003; January 13,
2009.]
RULE 7
INVESTIGATIONS; DUTY OF APPLICANT
(a) Investigations. The Board of Governors may refer any application
for permission to take the bar examination, to be admitted to the
practice of law or to be admitted to the limited practice of law
under pertinent provisions of rules 8 and 9, or to enroll in the law
clerk program to state bar counsel or to the Character and Fitness
Board for investigation pursuant to these rules.
(b) Duty of Applicant. It shall be the duty of every applicant to
cooperate with any investigation required by the Board of Governors,
by promptly furnishing written or oral explanations, documents,
releases, authorizations, or anything else reasonably required by the
investigator. Failure to appear as directed or to furnish additional
proof or answers as required or to cooperate fully shall be
sufficient reason for the Board of Governors to reject or to
recommend the rejection of an application.
(c) Subpoenas. The chairperson of the Character and Fitness Board or
Bar Counsel may issue subpoenas to compel attendance of an applicant
or witness, or the production of books, documents, or other evidence,
at a deposition or hearing. Subpoenas shall be served in the same
manner as in civil cases in the superior court.
[Amended effective January 1, 1974; July 1, 1975; July 1, 1977;
September 1, 1984; September 1, 2006.]
APR 8
SPECIAL ADMISSIONS
(a) In General. Lawyers admitted to the practice of law in any state or territory
of the United States or the District of Columbia or in any foreign jurisdiction,
who do not meet therequirements of rule 1(b), may engage in the practice of law in
this state as provided in this rule.
(b) Exception for Particular Action or Proceeding. A member in good standing of
the Bar of any other state or territory of the United States or of the District
of Columbia, who is a resident of and maintains a practice in such other state,
territory, or District, or a lawyer who is providing legal services for no fee
through a qualified legal services provider pursuant to RPC 5.5(e), may appear
as a lawyer in any action or proceeding only (i) with the permission of the court
or tribunal in which the action or proceeding is pending, and (ii) in association
with an active member of the Washington State Bar Association, who shall
be the lawyer of record therein, responsible for the conduct thereof, and present
at proceedings unless excused by the court or tribunal.
(1) An application to appear as such a lawyer shall be made by written motion
to the court or tribunal before whom the action or proceeding is pending, in a
form approved by the Board of Governors, which shall include certification by
the lawyer seeking admission under this rule and the associated Washington
lawyer that the requirements of this rule have been complied with, and shall
include an indication on which date the fee required in part (2) was paid, or
indicating that the fee was waived pursuant to part (2). The motion shall be
heard by the court or tribunal after such notice to the Washington State Bar
Association as is required in part (2) below unless waived pursuant to part
(2), together with the required fee, and to adverse parties as the court or
tribunal shall direct. Payment of the required fee shall only be necessary upon
a lawyer's first application to any court or tribunal in the same case. The
court or tribunal shall enter an order granting or refusing the motion, and, if
the motion is refused, the court or tribunal shall state its reasons.
(2) The lawyer making the motion shall submit a copy of the motion to the
Washington State Bar Association, accompanied by a fee in each case in an
amount set by the Board of Governors with the approval of the Supreme Court.
Payment of the fee shall only be necessary upon a lawyer's first motion to any
court or tribunal in the same case. The associated Washington counsel shall be
jointly responsible for payment of the fee. The fee shall be waived for a
lawyer providing legal services for no fee through a qualified legal services
provider pursuant to RPC 5.5(e). The Washington State Bar Association shall
maintain a public record of all motions for admission pursuant to this rule.
(3) No member of the Bar Association shall lend his or her name
for the purpose of, or in any way assist in, avoiding the effect of this rule.
(c) Exception for Indigent Representation. A member in good standing of the
Bar of another state or territory of the United States or of the District of
Columbia, who is eligible to take the bar examination in this state, while
rendering service in either a bar association or governmentally sponsored legal
services organization or in a public defender's office or similar program providing
legal services to indigents and only in that capacity, may, upon application and
approval, practice law and appear as a lawyer before the courts of this state in
any matter, litigation, or administrative proceeding, subject to the following
conditions and limitations:
(1) Application to practice under this rule shall be made to the Board of
Governors, and the applicant shall be subject to the Rules for Enforcement of
Lawyer Conduct and to the Rules of Professional Conduct.
(2) In any such matter, litigation, or administrative proceeding, the
applicant shall be associated with an active member of the Bar Association, who
shall be the lawyer of record and responsible for the conduct of the matter,
litigation, or administrative proceeding.
(3) The applicant shall apply for and take the first bar examination that is
given more than 90 days after the date of the applicant's admission to practice
under this rule.
(4) The applicant's right to practice under this rule (i) may be terminated
by the Supreme Court at any time with or without cause, or (ii) shall be terminated
automatically for failure to take or pass the required bar examination, or
(iii) shall be terminated for failure to become an active member of the Bar
Association within 60 days of the date the bar examination results are made public,
or (iv) in any event, shall be terminated within 1 year from the original date of
the applicants admission to practice law in this state under this rule.
(d) Exception for Educational Purposes. A lawyer who is enrolled and in good
standing as a postgraduate student or as a faculty member in a program of an
approved law school in this state, involving clinical work in the courts or in
the practice of law, may apply to the Board of Governors for admission to the limited
practice of law by paying an investigation fee and by presenting satisfactory proof
of (i) admission to the practice of law and current good standing in any state or
territory of the United States or the District of Columbia, and (ii) compliance
with the requirements of rule 3(b)(i), and (iii) good moral character.
(1) Upon approval of the application by the Board of Governors, the applicant
shall take the Oath of Attorney, and the Board of Governors shall transmit its
recommendation to the Supreme Court which shall enter an order admitting the
applicant to the limited practice of law under this section.
(2) The practice of an applicant admitted under this section shall be (i)
limited to the period of time the applicant actively participates in the
program, (ii) limited to the clinical work of the particular course of study in
which the applicant is enrolled or teaching, (iii) free of charge for the
services so rendered, and (iv) subject to the Rules of Professional Conduct and
the Rules for Enforcement of Lawyer Conduct.
(3) An applicant admitted under this section shall be deemed an active member
of the Bar Association only for the purpose of serving as a supervising lawyer
under rule 9, and for no other purpose.
(4) When the applicant ceases actively to participate in the program, the
law school dean shall immediately notify the Bar Association and the Clerk of the
Supreme Court so that the applicant's right to practice may be terminated of record.
(e) Exception for Emeritus Membership. A lawyer admitted to the practice of law
in a state or territory of the United States or the District of Columbia, including
Washington State, may apply to the Board of Governors for a limited license to
practice law as an emeritus member in this state when the lawyer is otherwise
fully retired from the practice of law. An emeritus member shall provide legal
services for a qualified legal services provider as defined in part (2) below.
The lawyer shall apply by (I) filing an application in the form and manner that
may be prescribed by the Board of Governors; (ii) presenting satisfactory proof
of admission by examination to the practice of law and current good standing in any
state or territory of the United States or the District of Columbia, provided that
if a disciplinary sanction has been imposed upon the lawyer within 15 years
immediately preceding the filing of the application for emeritus status, the
Board of Governors shall have the discretion to accept or reject the application;
(iii) presenting satisfactory proof of active legal experience as defined in APR
3(b) for at least 5 of the 10 years immediately preceding the filing of the
application for lawyers admitted in Washington and for at least 10 of the 15 years
immediately preceding the filing of the application for lawyers only admitted to
practice in jurisdictions other than Washington; (iv) filing certification
from a qualified legal services provider as defined in part (2) below that the
applicant's practice of law will comply with the terms of this rule; (v) paying
such fee as may be set by the Board of Governors with approval of the Supreme
Court; (vi) complying with training requirements as may be prescribed by the
Board of Governors; and (vii) furnishing whatever additional information or proof
that may be required in the course of investigating the applicant.
(1) Upon approval of the application by the Board of Governors, the lawyer
shall take the Oath of Attorney, pay the current year's annual membership fee
in the amount required of inactive members, and the Board of Governors shall
transmit its recommendation to the Supreme Court which may enter an order
admitting the lawyer to the limited practice of law under this section.
Emeritus status shall be for one year subject to annual renewal as provided by
the Board of Governors.
(2) The practice of a lawyer admitted under this section shall be limited to
providing legal service for no fee through a qualified legal services provider;
or serving as an unpaid governing or advisory board member or trustee of or
providing legal counsel or service for no fee to a qualified legal services
provider. A qualified legal services provider is a not-for-profit legal
services organization whose primary purpose is to provide legal services to low
income clients. The prohibition against compensation for emeritus members
shall not prevent a qualified legal services provider from reimbursing an
emeritus member for actual expenses incurred while rendering legal services
under this rule. A qualified legal services provider shall be entitled to
receive all court awarded attorney's fees for any representation rendered by
the emeritus member.
(3) A lawyer admitted under this section shall pay to the Washington State
Bar Association an annual license fee in the amount required of inactive members.
(4) The practice of a lawyer admitted under this section shall be subject
to the Rules of Professional Conduct, the Rules for Enforcement of Lawyer Conduct,
and to all other laws and rules governing lawyers admitted to the bar of this state.
Jurisdiction shall continue whether or not the lawyer retains the limited license
and irrespective of the residence of the lawyer.
(5) Emeritus members shall be exempt from compliance with rule 11 concerning
Continuing Legal Education. However, prior to engaging in practice as an emeritus
member, the lawyer must complete a training course or courses as approved by the
Board of Governors.
(6) An emeritus member shall promptly report to the Washington State Bar
Association a change in membership status in a state or territory of the United
States or District of Columbia where the applicant has been admitted to the
practice of law or the commencement of any formal disciplinary proceeding in any
jurisdiction where the lawyerhas been admitted to the practice of law.
(7) The limited license granted under this section shall be automatically
terminated when the lawyer's practice fails to comply with part (2) above, the lawyer
fails to comply with the terms of this rule, or on suspension or disbarment in a
state or territory of the United States or District of Columbia where the applicant
has been admitted to the practice of law. If the lawyer whose limited license is
terminated was previously admitted to practice in Washington, the lawyer shall
be transferred to inactive membership status upon termination.
(f) Exception for Foreign House Counsel. A lawyer admitted to the practice of
law in a jurisdiction other than a United States jurisdiction may apply to the Board
of Governors for a limited license to practice law as in-house counsel in this state
when the lawyer is employed in Washington as a lawyer exclusively for a profit or
not for profit corporation, including its subsidiaries and affiliates, association,
or other business entity, that is not a government entity, and whose lawful
business consists of activities other than the practice of law or the provision of
legal services. The lawyer shall apply by (i) filing an application in the form and
manner that may be prescribed by the Board of Governors, (ii) presenting satisfactory
roof of (I) admission by examination to the practice of law and current good standing
in a jurisdiction other than United States jurisdiction and (II) good moral character,
(iii) filing an affidavit from an officer, director, or general counsel of the
applicant's employer in this state attesting to the fact the applicant is employed
as a lawyer for the employer, including its subsidiaries and affiliates, and the nature
of the employment conforms to the requirements of this rule, (iv) paying
the application fees required of foreign lawyer applicants for admission under APR 3,
and (v) furnishing whatever additional information or proof that may be required in
the course of investigating the applicant.
(1) Upon approval of the application by the Board of Governors, the lawyer
shall take the Oath of Attorney, pay the current year's annual membership fee
and the Board of Governors shall transmit its recommendation to the Supreme
Court which may enter an order admitting the lawyer to the limited practice of
law under this section.
(2) The practice of a lawyer admitted under this section shall be limited
to practice exclusively for the employer, including its subsidiaries and affiliates,
furnishing the affidavit required by this rule and shall not include (i) appearing
before a court or tribunal as a person admitted to practice law in this state,
(ii) offering legal services or advice to the public or (iii) holding oneself out
to be so engaged or authorized.
(3) All business cards and employer letterhead used by a lawyer admitted under
this section shall state clearly that the lawyer is admitted to practice in
Washington as in-house counsel.
(4) A lawyer admitted under this section shall pay to the Washington State Bar
Association an annual license fee in the maximum amount required of active
members.
(5) The practice of a lawyer admitted under this section shall be subject to
the Rules of Professional Conduct, the Rules for Enforcement of Lawyer Conduct,
and to all other laws and rules governing lawyers admitted to the active
practice of law in this state. Jurisdiction shall continue whether or not the
lawyer retains the limited license and irrespective of the residence of the lawyer.
(6) The lawyer shall promptly report to the Washington State Bar Association
a change in employment, a change in membership status any jurisdiction where the
applicant has been admitted to the practice of law or the commencement of any formal
disciplinary proceeding in any jurisdiction where the applicant has been admitted
to the practice of law.
(7) The limited license granted under this section shall be automatically
terminated when employment by the employer furnishing the affidavit required by this
rule is terminated, the lawyer has been admitted to the practice of law pursuant to
any other provision of the APR, the lawyer fails to comply with the terms of this
rule, the lawyer fails to maintain current good standing in at least one other
jurisdiction where the lawyer has been admitted to the practice of law, or on
suspension or disbarment for discipline in any jurisdiction where the lawyer has been
admitted to the practice of law. If a lawyer's employment is terminated but the
lawyer, within three months from the last day of employment, is employed by an employer
filing the affidavit required by (iii), the license shall be reinstated.
(g) Exception for Military Lawyers. A lawyer admitted to the practice of law in
a state or territory of the United States or of the District of Columbia, who is a
full-time active duty military officer serving in the office of a Staff Judge Advocate
of the United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval Legal
Service Office or a Trial Service Office, located in the State of Washington, may,
upon application and approval, appear as a lawyer and practice law before the courts
of this state in any matter, litigation, or administrative proceeding, subject to
the following conditions and limitations set forth in this rule. The applicant must
be of good moral character and shall apply by (i) filing an application in the
form and manner that may be prescribed by the Board of Governors; (ii) presenting
satisfactory proof of admission by examination to the practice of law and current
good standing as a member of the bar in any state or territory of the United States
or the District of Columbia; (iii) complying with training requirements as set forth
below; and (iv) furnishing whatever additional information or proof that may be
required in the course of processing the application.
(1) To qualify for admission to practice under this rule, an applicant must,
prior to admission, complete at least 15 credit hours of approved continuing
legal education on Washington practice, procedure, and professional responsibility.
(2) Military lawyers admitted to practice pursuant to this rule are not,
and shall not represent themselves to be members of the Washington State Bar Association.
(3) The applicant's right to practice under this rule: (i) may be terminated
by the Supreme Court at any time with or without cause, or (ii) shall be
terminated when the military lawyer ends active duty military service in this
state. The lawyer admitted under this rule and his or her supervisory Staff
Judge Advocate or his or her Commanding Officer are responsible to advise the
Washington State Bar Association of any change in status of the lawyer that may
affect his or her right to practice law under this rule.
(4) Military lawyers admitted pursuant to the rule may represent active duty
military personnel in enlisted grades E-1 through E-4 and their dependents in
noncriminal matters to the extent such representation is permitted by the
supervisory Staff Judge Advocate or Commanding Officer, Naval Legal Service
Office or Commanding Officer, Trial Service Office. Other active duty military
personnel and their dependents may be represented if approved by the Service
Judge Advocate General or his or her designee.
(5) Military lawyers admitted pursuant to this section may not demand or
receive any compensation from clients in addition to the military pay to which
they are already entitled.
(6) The practice of a lawyer admitted under this section shall be subject to
the Rules of Professional Conduct, the Rules for Enforcement of Lawyer Conduct,
the Admission to Practice Rules, and to all other laws and rules governing
lawyers admitted to the bar of this state. Jurisdiction shall continue whether
or not the lawyer retains the right to practice in Washington and irrespective
of the residence of the lawyer.
[Adopted effective May 20, 1966; amended effective March 10, 1971; July 9, 1982;
September 1, 1984; October 11, 1985; September 1, 1998; March 9, 1999;
March 5, 2002; October 1, 2002; June 24, 2003; November 25, 2003 September 1, 2004;
September 1, 2006; January 2, 2007, May 6, 2008; January 13, 2009; September 1, 2009.]
APR 9
LEGAL INTERNS
(a) Admission to Limited Practice. Qualified law students,
enrolled law clerks, and graduates of approved law schools may
be admitted to the status of legal intern and be granted a
limited license to engage in the practice of law only as
provided in this rule. To qualify, an applicant must:
(1) Be a student duly enrolled and in good academic
standing at an approved law school with legal studies
completed amounting to not less than two-thirds of a
prescribed 3-year course of study or five-eighths of a
prescribed 4-year course of study, and have the written
approval of the applicants law school dean or a person
designated by such dean; or
(2) Be an enrolled law clerk in compliance with the
provisions of rule 6 with not less than five-eighths of
the prescribed 4-year course of study completed, and have
the written approval of the tutor; or
(3) Make the application before the expiration of 9 months
following graduation from an approved law school, and
submit satisfactory evidence thereof for the Bar
Association; and
(4) Pay such fees as may be set by the Board of Governors
with the approval of the Supreme Court; and
(5) Certify in writing under oath that the applicant has
read, is familiar with, and will abide by, the Rules of
Professional Conduct and this rule.
(b) Procedure. The applicant shall submit an application, for
which no fee shall be required, on a form provided by the Bar
Association, setting forth the applicants qualifications.
(1) The application shall give the name of, and shall be
signed by, the supervising lawyer who, in doing so, shall
assume the responsibilities of supervising lawyer set
forth in this rule if the applicant is granted a limited
license as a legal intern. The supervising lawyer shall be
relieved of such responsibilities upon the termination of
the limited license or at an earlier time if the
supervising lawyer or the applicant gives written notice
to the Bar Association and the Supreme Court requesting
that the supervising lawyer be so relieved. In the latter
event another active member of the Bar Association may be
substituted as such supervising lawyer by giving written
notice of such substitution, signed by the applicant and
by such other active member, to the Bar Association and
the Supreme Court.
(2) Upon receipt of the application, it shall be examined
and evaluated by the Board of Governors which shall
endorse thereon its approval or disapproval and forward
the same to the Supreme Court.
(3) The Supreme Court shall issue or refuse the issuance
of a limited license of a legal intern. The Supreme Courts
decision shall be forwarded to the Bar Association, and
the applicant shall be informed of the Supreme Courts decision.
(c) Scope of Practice. A legal intern shall be authorized to
engage in the limited practice of law, in civil and criminal
matters, only as authorized by the provisions of this rule. A
legal intern shall be subject to the Rules of Professional
Conduct and the Rules for Enforcement of Lawyer Conduct as
adopted by the Supreme Court and to all other laws and rules
governing lawyers admitted to the Bar of this state, and shall
be personally responsible for all services performed as an
intern. Upon recommendation of the Disciplinary Board, a legal
intern may be precluded from sitting for the bar examination or
from being admitted as a member of the Bar Association within
the discretion of the Board of Governors. Any such intern
barred from the bar examination or from recommendation for
admission by the Board of Governors shall have the usual rights
of appeal to the Supreme Court.
(1) A judge may exclude a legal intern from active
participation in a case filed with the court in the
interest of orderly administration of justice or for the
protection of a litigant or witness, and shall thereupon
grant a continuance to secure the attendance of the
supervising lawyer.
(2) No legal intern may receive payment from a client for
the interns services. However, nothing contained herein
shall prevent a legal intern from being paid for services
by the interns employer or to prevent the employer from
making such charges for the service of the legal intern as
may otherwise be proper. A legal intern and the interns
supervising lawyer or a lawyer from the same office shall,
before the intern undertakes to perform any services for a
client, inform the client of the legal interns status.
(3) A legal intern may advise or negotiate on behalf of a
person referred to the intern by the supervising lawyer. A
legal intern may prepare necessary pleadings, motions,
briefs or other documents. It is not necessary in such
instances for the supervising lawyer to be present.
(4) A legal intern may participate in superior court and
Court of Appeals proceedings, including depositions,
provided the supervising lawyer or another lawyer from the
same office is present. Ex parte and agreed orders may be
presented to the court by a legal intern without the
presence of the supervising lawyer or another lawyer from
the same office. An intern may represent the State in
juvenile court in misdemeanor and gross misdemeanor cases
without in-court supervision after a reasonable period of
in-court supervision, which shall not be less than one trial.
(5) Except as otherwise provided in subsection (c)(6), in
courts of limited jurisdiction, a legal intern, only after
participating with the supervising lawyer in at least one
nonjury case, may try nonjury cases in such courts without
the presence of a supervising lawyer and, only after
participating with the supervising lawyer in at least one
jury case, may try jury cases in such courts without the
presence of a supervising lawyer.
(6) Either the supervising lawyer or a lawyer from the
same office shall be present in the representation of a
defendant in all preliminary criminal hearings.
(d) Supervising Lawyer. The supervising lawyer shall be an
active member of the Bar Association in good standing, provided
that if a disciplinary sanction has been imposed upon the
lawyer within the 5 years immediately preceding approval of the
application, the Board of Governors shall have the discretion
to accept or reject the lawyer as a supervising lawyer. The
supervising lawyer shall have been actively engaged in the
practice of law in the State of Washington or elsewhere for at
least 3 years at the time the application is filed.
(1) The supervising lawyer or another lawyer from the same
office shall direct, supervise and review all of the work
of the legal intern and both shall assume personal
professional responsibility for any work undertaken by the
legal intern while under the lawyer's supervision. All
pleadings, motions, briefs, and other documents prepared
by the legal intern shall be reviewed by the supervising
lawyer or a lawyer from the same office as the supervising
lawyer. When a legal intern signs any correspondence or
legal document, the interns signature shall be followed by
the title "legal intern" and, if the document is prepared
for presentation to a court or for filing with the clerk
thereof, the document shall also be signed by the
supervising lawyer or lawyer from the same office as the
supervising lawyer. In any proceeding in which a legal
intern appears before the court, the legal intern must
advise the court of the interns status and the name of the
interns supervising lawyer.
(2) Supervision shall not require that the supervising
lawyer be present in the room while the legal intern is
advising or negotiating on behalf of a person referred to
the intern by the supervising lawyer, or while the legal
intern is preparing the necessary pleadings, motions,
briefs, or other documents.
(3) As a general rule, no supervising lawyer shall have
supervision over more than 1 legal intern at any one time.
However, in the case of (i) recognized institutions of
legal aid, legal assistance, public defender and similar
programs furnishing legal assistance to indigents, or
legal departments of a state, county or municipality, the
supervising lawyer may have supervision over 2 legal
interns at one time, or (ii) a clinical course offered by
an approved law school where such course has been approved
by its dean and is directed by a member of its faculty,
and conducted within institutions or legal departments
described in (i) or the law school, each full-time
clinical supervising lawyer may have supervision over 10
legal interns at one time provided a supervising lawyer
attends all adversarial proceedings conducted by the legal interns.
(4) A lawyer currently acting as a supervising lawyer may
be terminated as a supervising lawyer at the discretion of
the Board of Governors. When an interns supervisor is so
terminated, the intern shall cease performing any services
under this rule and shall cease holding himself or herself
out as a legal intern until written notice of a substitute
supervising lawyer, signed by the intern and by the new
and qualified supervising lawyer, is given to the Bar
Association and to the Supreme Court.
(5) The failure of a supervising lawyer, or lawyer acting
as a supervising lawyer, to provide adequate supervision
or to comply with the duties set forth in this rule shall
be grounds for disciplinary action pursuant to the Rules
for Enforcement of Lawyer Conduct.
(6) For purposes of the attorney-client privilege, an
intern shall be considered a subordinate of the lawyer
providing supervision for the intern.
(7) For purposes of the provisions of this rule which
permit a lawyer from the same office as the supervising
lawyer to sign documents or be present with a legal intern
during court appearances, the lawyer so acting must be one
who meets all of the qualifications for becoming a
supervising lawyer under this rule.
(e) Term of Limited License. A limited license as a legal
intern shall be valid, unless revoked, for a period of not more
than 24 consecutive months, provided that a person shall not
serve as a legal intern more than 12 months after graduation
from law school.
(1) The approval given to a law student by the law school
dean or the dean's designee or to a law clerk by the tutor
may be withdrawn at any time by mailing notice to that
effect to the Clerk of the Supreme Court and to the Bar
Association, and shall be withdrawn if the student ceases
to be duly enrolled as a student prior to graduation or
ceases to be in good academic standing or if the law clerk
ceases to comply with rule 6.
(2) A limited license is granted at the sufferance of the
Supreme Court and may be revoked at any time upon the
courts own motion, or upon the motion of the Board of
Governors, in either case with or without cause.
(3) An intern shall immediately cease performing any
services under this rule and shall cease holding himself
or herself out as a legal intern (i) upon termination for
any reason of the interns limited license under this rule;
or (ii) upon the resignation of the interns supervising
lawyer; or (iii) upon the suspension or termination by the
Board of Governors of the supervising lawyers status as
supervising lawyer; or (iv) upon the withdrawal of
approval of the intern pursuant to this rule.
[Adopted effective Jun 4, 1970; amended effective May 21, 1971;
February 29, 1972; December 31, 1973; December 31, 1976;
January 1, 1977; January 1, 1979; January 1, 1981; November 2, 1981;
September 1, 1984; October 1, 1985; October 11, 1985;
November 29, 1991; September 1, 1994; June 2, 1998; October 1, 2002.]
RULE 10
(RESERVED)
[Originally adopted effective March 10, 1971; text deleted and
rule number reserved effective September 1, 1984.]
RULE 11
CONTINUING LEGAL EDUCATION
11.1 Purpose
11.2 Educational Requirement
11.3 Board of Mandatory Continuing Legal Education
11.4 Powers of the MCLE Board
11.5 Expenses of the MCLE Board
11.6 Reports and Enforcement
11.7 Confidentiality
Regulations of the Washington State Board of Continuing Legal Education (in Word Format)
RULE 11.1
PURPOSE
It is of primary importance to the members of the Washington State Bar
Association (referred to in these rules as the Bar Association) and to the
public that lawyers continue their legal education throughout the period of
their active practice of law. These rules state the minimum requirements for
continuing legal education.
[Adopted effective January 1, 1977; amended effective May 2, 2000; January 1, 2009.]
RULE 11.2
EDUCATIONAL REQUIREMENT
(a) Minimum Requirement. Each active member of the Bar Association, and
other lawyers who are required by the APRs to complete continuing legal
education credits, must complete a minimum of 45 credit hours of
accredited legal education (as provided in APR 11.4) by December 31 of the
last year of the lawyer's three-year reporting period as assigned by the
Bar Association. Specific requirements are the following, and are
described in Appendix APR 11 - Regulations of the Washington State Board
of Mandatory Continuing Legal Education
(1) A lawyer may earn all of the required credit hours, and must
earn at least half of the required credits, as live credits, as
described in Regulation 103(b) of Appendix APR 11.
(2) A lawyer must earn a minimum of six of the required 45 credit
hours of accredited legal education in the area of ethics, as that is
defined in Regulation 101(g) of Appendix APR 11.
(3) A lawyer may earn a maximum of one-half of the required credit
hours for any reporting period through self-study, as defined in
Regulation 103(h) of Appendix APR 11.
(4) A lawyer may earn a maximum of six credit hours annually through
pro bono training and service carried out strictly in compliance with
Regulation 103(f) of Appendix APR 11.
(5) A lawyer may earn a maximum of six of the required credit hours
for any reporting period for participation in law school
competitions, moot court, or mock trials programs, as described in
Regulation 103(g) of Appendix APR 11.
(b) New Admission. Newly admitted members must complete 45 continuing
legal education credits during the four full calendar years after the
member's date of admission. Following the new admission period, the
member shall complete 45 credits every three years as required by APR 11.2(a).
(c) Carryover of excess earned credits. If a member completes more than
the required credits for any one reporting period, up to 15 of the excess
credits may be carried forward and applied to that member's education
requirement for the next reporting period. Of the 15 credit hours that
may be carried forward to the next reporting period, pursuant to sections
(a) and (b) of this rule:
(1) A maximum of two credit hours may be applied toward the ethics
requirement; and
(2) A maximum of five credit hours may be applied to self-study credits.
[Amended effective September 1, 1992; September 1, 1995; May 2, 2000; January 1, 2009.]
RULE 11.3
BOARD OF MANDATORY CONTINUING LEGAL EDUCATION
There is hereby established a Board of Mandatory Continuing Legal
Education (the MCLE Board) consisting of seven members. Six of the members of
the MCLE Board must be active members of the Bar Association. The seventh
member shall not be a member of the Bar Association. The Supreme Court shall
designate a chairperson of the MCLE Board, who shall serve at the pleasure of
the Court. The members of the MCLE Board shall be nominated by the Board of
Governors of the Bar Association and appointed by the Supreme Court.
Appointments shall be staggered for a 3-year term. No member may serve more
than two consecutive terms. Terms shall end on September 30 of the applicable year.
[Adopted effective January 1, 1977; amended effective May 2, 2000; January 1, 2009.]
RULE 11.4
POWERS OF THE MCLE BOARD
The MCLE Board shall:
(a) Accredit and determine the number of credit hours to be allowed for
all or portions of individual courses that satisfy the education
requirements of these rules and Appendix APR 11 Regulations;
(b) Accredit all or portions of the entire legal educational program of a
given organization that satisfy the education requirements of these rules
and Appendix APR 11 Regulations;
(c) Adopt regulations pertinent to these powers subject to the approval
of the Board of Governors and the Supreme Court;
(d) Waive or modify individual compliance with the educational or time
requirements of these rules upon a showing of undue hardship, age, or
infirmity;
(e) Set and adjust fees and fines for failure to comply with these rules
and to defray the reasonably necessary costs of administering these rules
with the approval of the Board of Governors; and
(f) Waive or reduce fees or fines on a proper showing by the petitioner.
[Adopted effective January 1, 1977; amended effective May 2, 2000; January 1, 2009.]
RULE 11.5
EXPENSES OF THE MCLE BOARD
Members of the MCLE Board shall not be compensated for their services,
but actual and necessary expenses incurred in the performance of their duties
shall be reimbursed by the Bar Association in a manner consistent with the Bar
Association's reimbursement of its committee members. The Bar Association shall
furnish the MCLE Board with the necessary staff to carry out its duties. The
MCLE Board, directly or through the staff provided, annually shall submit a
budget to the Bar Association, which shall be subject to approval by the Board
of Governors.
[Amended effective May 2, 2000; January 1, 2009.]
RULE 11.6
REPORTS AND ENFORCEMENT
(a) Reporting and Other Activities.
(1) Sponsor Reports. The sponsor of each approved program (or each
program for which approval is sought) must make available attendance
reports to be completed by those lawyers in attendance to show the
actual time spent by each lawyer in attendance. The form of the
reports will be determined by the MCLE Board. The sponsor must send
a report, consisting of a compilation of the information contained in
these forms, to the Bar Association not later than 30 days after
conclusion of the program.
(2) Other Activities. Consistent with the provisions of Appendix
APR 11 Regulations, in the case of some programs for which approval
has not been sought or obtained by the sponsor, or for other
activities which may qualify for CLE credit under these rules,
individual lawyers may apply for credit by direct application to the
MCLE Board, using the form or forms specified by the MCLE Board for
that purpose.
(3) Member Credit Status Reports.
(A) Not later than July 1 of each year, the Bar Association
shall advise each active member and other lawyers required to
report in the current reporting cycle of the number of earned
credit hours reflected in that lawyer's records with the Bar Association.
(i) If the lawyers do not request changes to their records
within forty-five days of the mailing of the report, the
reported credits will be deemed correct.
(ii) After 45 days, the records may be changed upon a
showing of good cause.
(B) By not later than December 15 of each year, a similar
report shall be provided to all active members and other lawyers
required to report continuing education credits.
(b) Compliance Certification. Each active member or other lawyer
required to complete and report continuing legal education requirements
must submit an MCLE compliance certification form by February 1 following
the end of the lawyer's three-year reporting period or as approved by the
MCLE Board pursuant to rule 11.4. If a lawyer has not completed the
minimum education requirement for that lawyer's reporting period, the
lawyer may complete and return to the MCLE Board a petition, which shall
be accompanied by a declaration(s) or affidavit(s) in support of the
request, for an extension of time to complete the requirements. If the
petition is approved, the lawyer shall make up the deficiency, file a
supplemental report with the Bar Association, and pay a late filing fee by
the date set forth in the agreement or order extending the time for compliance.
(c) Delinquency. Any lawyer required to do so who has not complied by
the certification deadline, or by the date set forth in an agreement or
order extending the time for compliance, may be ordered suspended from the
practice of law by the Supreme Court.
(1) Pendency Notice. The MCLE Board shall send a written notice of
the pendency of suspension proceedings by certified mail to any
lawyer who has not complied with either the educational or
certification requirements of APR 11 and the Appendix APR 11
Regulations by the certification deadline for that lawyer's reporting
period or extended deadline granted by the MCLE Board. It will be
sent to the lawyer's address of record with the Bar Association. The
notice shall advise the member of the pendency of suspension
proceedings and state that the MCLE Board will recommend suspension
of the lawyer's license to practice law unless the lawyer becomes
compliant or completes and returns to the MCLE Board a petition for
extension of time, exemption from compliance, or ruling of complete
compliance as set forth below. The MCLE Board shall include with the
pendency notice a copy of the form of petition to be used.
(2) Petition for extension, waiver, modification or finding of compliance.
(A) Timing. Within 10 days of receipt of the pendency notice,
a lawyer may complete and return to the MCLE Board a petition
requesting an extension of time, a waiver of compliance,
modifications to the requirements, or ruling by the MCLE Board
of compliance with the standard requirements.
(B) Supporting documents. The petition may be accompanied by
supporting affidavit(s) or declaration(s).
(3) No timely petition filed; suspension recommendation. Unless
such petition is filed, the noncompliance is deemed agreed. The MCLE
Board shall report the lawyer's noncompliance to the Supreme Court
with its recommendations for appropriate action. The Supreme Court
shall enter such order, as it deems appropriate. The provisions of
RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration
of such order.
(4) Petition Filed. If such petition is filed, in its consideration
of the petition, the MCLE Board shall consider factors of undue
hardship, age, or disability. One of the following shall result from
consideration of a petition:
(A) Approval without hearing. The MCLE Board may, in its
discretion, approve the petition without hearing, or
(B) Agreement with lawyer. The MCLE Board may enter into
agreement on terms with such lawyer as to time and requirements
for achieving compliance with the provisions of APR 11.2(a) and
APR 11.6(b) or
(C) Hearing on petition. If the MCLE Board does not approve such
petition or enter into an agreement with terms, the MCLE Board
(or a subcommittee of one or more MCLE Board members) shall hold
a hearing upon the petition.
(i) The Board shall give the lawyer at least 10 days
notice of the time and place thereof.
(ii) Testimony taken at the hearing shall be under oath,
and an audio or stenographic record will be made at the
request and expense of the lawyer. The oath shall be
administered by the chairperson of the MCLE Board or the
chairperson of the subcommittee.
(iii) For good cause shown the MCLE Board may rule that
the lawyer has substantially complied with these rules for
the reporting period in question or, if he or she has not
done so, it may grant the lawyer an extension of time
within which to comply upon terms deems appropriate.
(iv) For each hearing, the MCLE Board shall enter written
findings of fact and an appropriate order. The MCLE Board
shall mail a copy of the findings and order forthwith to
the lawyer at the address on file with the Bar Association.
(v) The MCLE Board's order is final unless within 10 days
from the date thereof the lawyer files a written notice of
appeal with the Supreme Court and serves a copy of on the
Washington State Bar Association. The lawyer shall pay to
the Clerk of the Supreme Court a docket fee of $250.00.
(d) Review by the Supreme Court. Within 15 days of filing a notice with
the Supreme Court for review of the MCLE Board's findings and order, after
a non-compliance petition hearing, the lawyer shall cause the record or a
narrative report in compliance with RAP 9.3 to be transcribed and filed
with the Bar Association.
(1) The MCLE Board chairperson or chairperson of the subcommittee
shall certify that any such record or narrative report of proceedings
contains a fair and accurate report of the occurrences in and
evidence introduced in the cause.
(2) The MCLE Board shall prepare a transcript of all orders,
findings, and other documents pertinent to the proceeding, before the
MCLE Board, which must be certified by the MCLE Board chairperson or
chairperson of the subcommittee.
(3) The MCLE Board shall then file promptly with the Clerk of the
Supreme Court the record or narrative report of proceedings and the
transcripts pertinent to the proceedings before the MCLE Board.
(4) The matter shall be heard in the Supreme Court pursuant to
procedures established by order of the Court.
(e) Time. The times set forth in this rule for filing notices of appeal
are jurisdictional. The Supreme Court, as to appeals pending before it,
may, for good cause shown:
(1) Extend the time for the filing or certification of said record
or narrative report of proceedings and transcripts; or
(2) Dismiss the appeal for failure to prosecute the same diligently.
(f) Costs. If the lawyer prevails in his or her appeal before the Supreme
Court, the lawyer shall be awarded costs against the Bar Association in an
amount equal to his or her reasonable expenditures for the preparation of
the record or narrative report of proceedings.
(g) Change of Status. Once a lawyer has been ordered suspended from
practice for noncompliance with these rules, the lawyer affected must
comply with the then applicable regulations of the MCLE Board and the WSBA
Bylaws in order to return to active status.
[Amended effective May 14, 1982; September 1, 1992; January 1, 2001; January 1, 2009.]
RULE 11.7
CONFIDENTIALITY
The files and records of the Bar Association, as they may relate to or
arise out of any failure of a member of the Association, or other lawyers, to
satisfy these continuing legal education requirements, shall be deemed
confidential and shall not be disclosed except in furtherance of its duties, or
upon request of the lawyer affected, or pursuant to a proper subpoena duces
tecum, or as directed by this Court. The records and information contained
therein should not be available to any sponsoring organization, including the
Continuing Legal Education Department of the Bar Association. In any matter
referred to the Supreme Court under these rules, the file, record, briefs, and
arguments shall not be subject to this confidentiality rule.
[Adopted effective January 1, 1977; amended effective May 14, 1982; May 2, 2000; January 1, 2009.]
REGS REGULATIONS OF THE WASHINGTON STATE CONTINUING LEGAL EDUCATION BOARD (IN WORD FORMAT) The contents of this item are only available on-line. REGS REGULATIONS OF THE WASHINGTON STATE CONTINUING LEGAL EDUCATION BOARD (IN PDF FORMAT) The contents of this item are only available on-line.
ADMISSION TO PRACTICE RULES
RULE 12.
LIMITED PRACTICE RULE FOR LIMITED PRACTICE OFFICERS
(a) Purpose. The purpose of this rule is to authorize certain lay persons to
select, prepare and complete legal documents incident to the closing of real
estate and personal property transactions and to prescribe the conditions of
and limitations upon such activities.
(b) Limited Practice Board.
(1) Establishment. There is hereby established a Limited Practice Board
(referred to herein as the "Board") consisting of nine members to be appointed
by the Supreme Court of the State of Washington. Not less than four of the
members of the Board must be admitted to the practice of law in the State of
Washington. Four of the members of the Board shall be business
representatives, one each of the following four industries: escrow, lending,
title insurance, and real estate. Appointments shall be for 4-year terms. No
member may serve more than two consecutive terms. Terms shall end on December
31 of the applicable year. The Supreme Court shall designate one of the
members of the Board as chairperson.
(2) Duties and Powers.
(i) Applications. The Board shall accept and process applications for
certification under this rule.
(ii) Examination. The Board shall conduct the examination for certification
required by this rule. The examination shall consist of such questions as
the Board may select on such subjects as may be listed by the Board and
approved by the Supreme Court. The Board shall establish the number of
examinations to be given each year and the dates of the examinations.
(iii) Investigation and recommendation for admission. The Board shall notify
each applicant of the results of the examination and shall recommend to the
Supreme Court the admission or rejection of each applicant who passes the
examination. The Supreme Court shall enter an order admitting to limited
practice those applicants it deems qualified, conditioned upon each applicant
taking an oath that he or she will comply with this rule and paying to the
Board the annual fee for the current year. Upon the entry of such order, the
taking and filing of the oath, and payment of the annual fee, an applicant
shall be enrolled as a limited practice officer and shall be entitled to
perform those services permitted by this rule. The oath must be taken before
a court of record in the State of Washington.
(iv) Education. The Board shall approve individual courses and may accredit
all or portions of the entire educational program of a given organization
which, in the Board's judgment, will satisfy the educational requirement of
these rules. It shall determine the number of credit hours to be allowed for
each such course. It shall encourage the offering of such courses and
programs by established organizations, whether offered within or outside this state.
(v) Grievances and discipline. The Board shall adopt hearing and appeal
procedures and shall hear complaints of persons aggrieved by the failure of
limited practice officers to comply with the requirements of this rule and of
the Limited Practice Officer Rules of Professional Conduct. Upon a finding
by the Board that a limited practice officer has failed to comply in any
material manner with the requirements of this rule, the Board shall take such
action as may be appropriate to the degree of the violation, considering also
the number of violations and the previous disciplinary record of the limited
practice officer. Disciplinary action may include admonitions, reprimands,
and recommendations to the Supreme Court for the suspension or revocation of
the limited practice officer's certification.
(vi) Investigation. Upon the receipt of a complaint that a limited practice
officer has violated the provisions of this rule and in other appropriate
circumstances, the Board may investigate the conduct of the limited practice
officer to determine whether the limited practice officer has violated the
requirements, conditions or limitations imposed by this rule.
(vii) Approval of forms. The Board shall approve standard forms for use by
limited practice officers in the performance of services authorized by this rule.
(viii) Fees. The Board shall establish and collect examination and annual
fees in such amounts as are necessary to carry out the duties and
responsibilities of the Board.
(ix) Regulations. The Board shall propose regulations to implement the
provisions of this rule for adoption by the Supreme Court.
(3) Expenses of the Board. Members of the Board shall not be compensated for
their services. For their actual and necessary expenses incurred in the
performance of their duties, they shall be reimbursed by the Board in a manner
consistent with its rules. All such expenses shall be paid pursuant to a
budget submitted to and approved by the Washington State Bar Association on an
annual basis. Funds accumulated from examination fees, annual fees, and other
revenues shall be used to defray all expenses of the Board. The administrative
support to the Board shall be provided by the Washington State Bar Association.
(c) Certification Requirements. An applicant for certification as a limited
practice officer shall:
(1) Age. Be at least 18 years of age.
(2) Moral Character. Be of good moral character.
(3) Examination. Satisfy the examination requirements established by the Board.
(4) Oath. Execute under oath and file with the Board two copies of his or her
application, in such form as may be required by the Board. Additional proof of
any fact stated in the application may be required by the Board. In the event
of the failure or refusal of an applicant to furnish any information or proof,
or to answer any interrogatories of the Board pertinent to the pending
application, the Board may deny the application.
(5) Examination Fee. Pay, upon the filing of an application, the examination fee.
(d) Scope of Practice Authorized by Limited Practice Rule. Notwithstanding any
provision of any other rule to the contrary, a person certified as a limited
practice officer under this rule may select, prepare and complete documents in
a form previously approved by the Board for use by others in, or in
anticipation of, closing a loan, extension of credit, sale or other transfer of
interest in real or personal property. Such documents shall be limited to
deeds, promissory notes, guaranties, deeds of trust, reconveyances, mortgages,
satisfactions, security agreements, releases, Uniform Commercial Code
documents, assignments, contracts, real estate excise tax affidavits, bills of
sale, and powers of attorney. Other documents may be from time to time
approved by the Board.
(e) Conditions Under Which Limited Practice Officers May Prepare and Complete
Documents. Limited practice officers may render services authorized by this
rule only under the following conditions and with the following limitations:
(1) Agreement of the Clients. Prior to the performance of the services, all
clients to the transaction shall have agreed in writing to the basic terms and
conditions of the transaction. In the case of a power of attorney prepared in
anticipation of a transaction, the principal(s) and attorney(s)-in-fact shall
have provided the limited practice officer consistent written instructions for
the preparation of the power of attorney.
(2) Disclosures to the Clients. The limited practice officer shall advise the
clients of the limitations of the services rendered pursuant to this rule and
shall further advise them in writing:
(i) that the limited practice officer is not acting as the advocate or
representative of either of the clients;
(ii) that the documents prepared by the limited practice officer will affect
the legal rights of the clients;
(iii) that the clients' interests in the documents may differ;
(iv) that the clients have a right to be represented by lawyers of their own
selection; and
(v) that the limited practice officer cannot give legal advice as to the
manner in which the documents affect the clients.
The written disclosure must particularly identify the documents selected,
prepared, and/or completed by the limited practice officer and must include the
name, signature and number of the limited practice officer.
(f) Continuing Certification Requirements.
(1) Continuing Education. Each limited practice officer must complete a
minimum number of credit hours of approved or accredited education, as
prescribed by regulation of the Board, during each calendar year in courses
certified by the Board to be appropriate for study by clo limited practice
officers providing services pursuant to this rule; provided, that the limited
practice officer shall not be required to comply with this subsection during
the calendar year in which he or she is initially certified.
(2) Financial Responsibility. Each limited practice officer or employer
thereof shall show proof of ability to respond in damages resulting from his or
her acts or omissions in the performance of services permitted by this rule.
The proof of financial responsibility shall be in such form and in such amount
as the Board may by regulation prescribe.
(3) Annual Fee. Each limited practice officer must pay the annual fee
established by the Board.
(g) Existing Law Unchanged. This rule shall in no way expand, narrow or affect
existing law in the following areas:
(1) The fiduciary relationship between a limited practice officer and his or
her customers or clients;
(2) Conflicts of interest that may arise between the limited practice officer
and a client or customer;
(3) The right to act as one's own attorney under the pro se exception to the
unauthorized practice of law including but not limited to the right of a lender
to prepare documents conveying or granting title to property in which it is
taking a security interest;
(4) The lack of authority of a limited practice officer to give legal advice
without being licensed to practice law;
(5) The standard of care which a limited practice officer must practice when
carrying out the functions permitted by this rule.
(h) Treatment of Funds Received Incident to the Closing of Real or Personal
Property Transactions. Persons admitted to practice under this rule shall
comply with LPORPC 1.12A and B regarding the manner in which they identify,
maintain and disburse funds received incidental to the closing of real and
personal property transactions, unless they are acting pursuant to APR 12(g)(3).
Comment
[1] Comment Re: APR 12(d)
Powers of attorney authorizing a person to negotiate and sign documents in
anticipation of, or in the closing of, a transaction are included in the
documents limited practice officers are authorized to prepare. Such documents
may include, but are not limited to, purchase and sale agreements for real or
personal property, loan agreements, and letters of intent.
[2] Comment Re: LPO Professional Standard Of Care
The purpose of this comment is to discuss the legal standard of care to which a
limited practice officer is subject, while also clarifying the limited duties
of a limited practice officer compared to an attorney when selecting and
preparing legal documents and to show the greater breadth of a lawyer's duties
and services which a party may not expect when engaging a limited practice officer.
Generally, when a non-lawyer selects and prepares a legal document for another,
the non-lawyer engages in the unauthorized practice of law. Despite this, the
non-lawyer (including a licensed limited practice officer) will be held to the
standard of a lawyer: "to comply with the duty of care, an attorney must
exercise the degree of care, skill, diligence, and knowledge commonly possessed
and exercised by a reasonable, careful and prudent lawyer in the practice of
law in this jurisdiction." Hizey v. Carpenter, 119 Wn.2d 251, 261, 830 P.2d
246 (1992). However, when selecting and preparing approved forms a limited
practice officer, though having a limited license to practice law as defined
and limited in APR 12, will not be authorized nor charged with many of the
duties of a lawyer. Except as provided otherwise in APR 12 rules and
regulations, these include the duty to investigate legal matters, to form legal
opinions (including but not limited to the capacity of an individual to sign
for an entity or whether a legal document is effective), to give legal advice
(including advice on how a legal document affects the rights or duties of a
party), or to consult with a party on the advisability of a transaction. See
also LPORPC 1.1, Competence, and LPORPC 1.3, Communication.
[Adopted effective January 21, 1983; amended effective October 28, 1983;
September 13, 1985; December 9, 1995; July 1, 2002; January 1, 2009.]
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APR 13
SIGNING OF PLEADINGS AND OTHER PAPERS; ADDRESS OF
RECORD; ELECTRONIC MAIL ADDRESS; NOTICE OF CHANGE OF
ADDRESS, TELEPHONE NUMBER, OR NAME
(a) Signing of Pleadings and Other Papers. All
pleadings and other papers signed by an attorney and
filed with a court shall include the attorney's
Washington State Bar Association membership number in
the signature block. The law department of a
municipality, county, or state, public defender
organization or law firm is authorized to make an
application to the Administrative Office of the Courts
for an office identification number. An office
identification number may be assigned by the
Administrative Office of the Courts upon a showing that
it will facilitate the process of electronic
notification. If an office identification number is
granted, it shall appear with the attorney's Washington
State Bar Association membership number in the signature block.
(b) Address of Record; Change of Address. An
attorney must advise the Washington State Bar
Association of a current mailing address and telephone
number. The mailing Address shall be the attorney's
address of record. An attorney whose mailing address or
telephone number changes shall, within 10 days after
the change, notify the Executive Director of the
Washington State Bar Association, who shall forward
changes weekly to the Office of the Clerk of the
Supreme Court for entry into the state computer system.
The notice shall be in a form acceptable to the Bar
Association and shall include (1) the attorney's full
name, (2) the attorney's Washington State Bar
Association membership number, (3) the previous address
and telephone number, clearly identified as such, (4)
the new address and telephone number, clearly
identified as such, and (5) the effective date of the
change. The courts of this state may rely on the
address information contained in the state computer
system in issuing notices in pending actions.
(c) Electronic mail address: An attorney should
advise the Washington State Bar Association of a
current business electronic mail address if one exists.
An attorney whose business electronic mail address
changes should, within 10 days after the change, notify
the Executive Director of the Washington State Bar
Association, who shall forward changes weekly to the
Office of the Clerk of the Supreme Court for entry into
the state computer system. Use of electronic mail
addresses for court notice, service and filing must
comply with GR 30.
(d) Change of Name. An attorney whose name changes
shall, within 10 days after the change, notify the
Executive Director of the Washington State Bar
Association, who shall forward changes weekly to the
Office of the Clerk of the Supreme Court for entry into
the state computer system. The notice shall be in a
form acceptable to the Bar Association and shall
contain (1) the full previous name, clearly identified
as such, (2) the full new name, clearly identified as
such, (3) the attorney's Washington State Bar
Association membership number, and (4) the effective
date of the change.
(e) Requirements of Local and Other Court Rules Not
Affected. The responsibility of a party or an attorney
to keep the court and other parties and attorneys
informed of the party's or attorney's correct name and
current address, as may be required by local or other
court rule, is not affected by this rule.
[Adopted effective September 1, 1990; amended effective October 30, 2001.]
APR 14
LIMITED PRACTICE RULE FOR FOREIGN
LAW CONSULTANTS
(a) Purpose. The purpose of this rule is to authorize lawyers from a
foreign country to advise or consult about foreign law and to
prescribe the conditions and limitations upon such limited practice.
(b) Qualifications.
(1) To qualify as a Foreign Law Consultant applicant for admission
to the limited practice of law in the State of Washington as provided
in these rules, a person must:
(i) Present satisfactory proof of both admission to the practice
of law, together with current good standing, in a foreign
jurisdiction, and active legal experience as a lawyer or counselor at
law or the equivalent in a foreign jurisdiction for at least 5 of the
7 years immediately preceding the application; and
(ii) Possess the good moral character and fitness requisite for a
member of the Bar of the State of Washington; and
(iii) Execute under oath and file with the Bar Association two
copies of an application, in such form as may be required by the Board
of Governors; and
(iv) File with the application a certificate from the authority
in such foreign country having final jurisdiction over professional
discipline, certifying as to the applicants admission to practice, and
the date thereof, and as to the good standing of such lawyer or
counselor at law or the equivalent, together with a duly authenticated
English translation of such certificate, if it is not in English; and
(v) File with the application a letter of recommendation from one
of the members of the executive body of such authority or from one of
the judges of the highest law court or courts of original jurisdiction
of such foreign country, together with a duly authenticated English
translation of such letter, if it is not in English; and
(vi) Provide with the application such other evidence of the
applicants educational and professional qualifications, good moral
character and fitness and compliance with the requirements of this
rule as the Board of Governors may require; and
(vii) Pay upon the filing of the application a fee equal to that
required pursuant to rule 3(d)(2) to be paid by an attorney applicant
to take the bar examination.
(2) Upon a showing that strict compliance with the provisions of
subsections (b)(1)(iv) or (b)(1)(v) would cause the applicant
unnecessary hardship, the Board of Governors may at its discretion
waive or vary the application of such provisions and permit the
applicant to furnish other evidence in lieu thereof.
(c) Procedure. The Board of Governors shall approve or disapprove
applications for admission of Foreign Law Consultants. Additional
proof of any facts stated in the application may be required by the
Board. In the event of the failure or refusal of the applicant to
furnish any information or proof, or to answer any inquiry of the
Board pertinent to the pending application, the Board may deny the
application. Upon approval of the application by the Board of
Governors, the Board shall recommend to the Supreme Court the
admission of the applicant for the purposes herein stated. The Supreme
Court may enter an order admitting to practice those applicants it
deems qualified, conditioned upon such applicants:
(1) Taking and filing with the Clerk of the Supreme Court the Oath
of Attorney pursuant to rule 5; and
(2) Paying to the Bar Association its membership fee for the current
year in the maximum amount required of active members; and
(3) Filing with the Bar Association in writing his or her address in
the State of Washington, or the name and address of his or her
registered agent as provided in APR 5(e), together with a statement
that the applicant has read the Rules of Professional Conduct and
Rules for Enforcement of Lawyer Conduct, is familiar with their
contents and agrees to abide by them.
(d) Scope of Practice. A Foreign Law Consultant shall be authorized to
engage in the limited practice of law only as authorized by the
provisions of this rule. A Foreign Law Consultant may not:
(1) Appear for a person other than the Foreign Law Consultant as
lawyer in any court or before any magistrate or other judicial officer
in this state (other than upon admission for a particular action or
proceeding pursuant to rule 8(b)) or prepare pleadings or any other
papers or issue subpoenas in any action or proceeding brought in any
court or before any judicial officer of this state;
(2) Prepare any deed, mortgage, assignment, discharge, lease or any
other instrument affecting title to real estate located in the United
States; or
(3) Prepare any will or trust instrument affecting the disposition
on death of any property located in the United States and owned by a
resident thereof; or any instrument related to the administration of a
decedents estate in the United States; or
(4) Prepare any instrument with respect to the marital relations,
rights or duties of a resident of the United States, or the custody or
care of the children of such a resident; or
(5) Render legal advice on the law of the State of Washington, of
any other state or territory of the United States, of the District of
Columbia or of the United States (whether rendered incident to
preparation of legal instruments or otherwise) unless and to the
extent that the Foreign Law Consultant is admitted to practice law
before the highest court of such other jurisdiction; or
(6) In any way hold himself or herself out as a member of the Bar of
the State of Washington; or
(7) Use any title other than "Foreign Law Consultant", the firm
name, and/or authorized title used in the foreign country where the
Foreign Law Consultant is admitted to practice. In each case, such
title or name shall be used in conjunction with the name of such
foreign country.
(e) Regulatory Provisions. A Foreign Law Consultant shall be subject
to the Rules for Enforcement of Lawyer Conduct and the Rules of
Professional Conduct as adopted by the Supreme Court and to all other
laws and rules governing lawyers admitted to the Bar of this state,
except for the requirements of APR 11 relating to continuing legal
education. Jurisdiction shall continue whether or not the Consultant
retains the authority for the limited practice of law in this state,
and regardless of the residence of the Consultant.
(f) Continuing Requirements.
(1) Annual Fee. A Foreign Law Consultant shall pay to the Bar
Association its membership fee for the current year in the maximum
amount required of active members.
(2) Report. A Foreign Law Consultant shall promptly report to the
Bar Association any change in his or her status in any jurisdiction
where he or she is admitted to practice.
(g) Termination of License. A limited license is granted at the
sufferance of the Supreme Court and may be revoked at any time upon
the courts own motion, or upon the motion of the Board of Governors,
with or without cause, including failure to comply with the terms of
this rule.
(h) Reciprocity. A Foreign Law Consultant applicant shall demonstrate
that the country or jurisdiction from which he or she applies does not
impose, by any law, rule or regulation, any requirements, limitations,
restrictions or conditions upon the admission of members of the
Washington State Bar Association as Foreign Law Consultants in that
foreign country or jurisdiction which are significantly more limiting
or restrictive than the requirements of this rule. The Supreme Court
may deny admission to a Foreign Law Consultant applicant upon that
basis, or may impose similar limitations, restrictions or conditions
upon foreign legal consultant applicants from that foreign country or jurisdiction.
[Adopted effective September 1, 1990; amended effective December 28, 1999;
October 1, 2002; November 25, 2003; January 2, 2007.]
APR 15
LAWYERS' FUND FOR CLIENT PROTECTION
(a) Purpose. The purpose of this rule is to create a Lawyers' Fund for
Client Protection, to be maintained and administered as a trust by the
Washington State Bar Association (WSBA), in order to promote public
confidence in the administration of justice and the integrity of the legal profession.
(b) Establishment. There is established the Lawyers' Fund for Client
Protection (Fund). The Fund may be used for the purpose of relieving or
mitigating a pecuniary loss sustained by any client by reason of the
dishonesty of, or failure to account for money or property entrusted to,
any member of the WSBA as a result of or directly related to the member's
practice of law (as defined in GR 24) or while acting as a fiduciary in a
matter directly related to the member's practice of law. The Fund may also
be used to relieve or mitigate like loss sustained by persons by reason of
similar acts of an individual who was at one time a member of the WSBA but
who was, at the time of the act complained of, under court ordered
suspension. The Fund shall not be used for the purpose of relieving any
pecuniary loss resulting from an attorney's negligent performance of
services or for acts performed after a member is disbarred. Payments from
the Fund shall be considered gifts to the recipients and shall not be
considered entitlements.
(c) Funding. The Supreme Court may provide for funding by assessment of
members of the WSBA in amounts determined by the court upon the
recommendation of the Board of Governors of the WSBA.
(d) Enforcement. Failure to pay any fee assessed by the court on or before
the date specified by the court shall be a cause for suspension from
practice until payment has been made.
(e) Restitution. A lawyer whose conduct results in payment to an applicant
shall be liable to the Fund for restitution.
(f) Administration. The Fund shall be maintained and administered by the
Board of Governors acting as trustees for the Fund. The Board shall
appoint the Lawyers' Fund for Client Protection Board (Client Protection
Board) to administer the Fund pursuant to rules adopted by the Board of
Governors and approved by the Supreme Court. The Client Protection Board
shall consist of 11 lawyers and 2 nonlawyers, who will be appointed to
serve staggered 3-year terms.
(g) Subpoenas. A lawyer member of the Client Protection Board, or counsel
for the Washington State Bar Association assigned to the Client Protection
Board, shall have the power to issue subpoenas to compel the attendance of
the lawyer being investigated or of a witness, or the production of books,
or documents, or other evidence, at the taking of a deposition. A
subpoena issued pursuant to this rule shall indicate on its face that the
subpoena is issued in connection with an investigation under this rule.
Subpoenas shall be served in the same manner as in civil cases in the
superior court.
(h) Reports. The Board of Governors, in consultation with the Client
Protection Board, shall file with the Supreme Court a full report on the
activities and finances of the Fund at least annually and may make other
reports to the court as necessary.
(i) Communications to the Association: Communications to the Association,
Board of Governors (Trustees), Client Protection Board, Association staff,
or any other individual acting under the authority of these rules, are
absolutely privileged, and no lawsuit predicated thereon may be instituted
against any applicant or other person providing information.
[Adopted effective September 1, 1994; amended effective October 1, 2002;
January 2, 2008; January 13, 2009; December 1, 2009.]
Lawyers' Fund for Client Protection
(APR 15)
Procedural Rules
RULE 1. PURPOSE
A. The purpose of these rules is to establish procedures pursuant to Rule 15
of the Admission to Practice Rules, to maintain and administer a Lawyers'
Fund for Client Protection established as a trust by the Washington State
Bar Association (WSBA), in order to promote public confidence in the
administration of justice and the integrity of the legal profession.
B. Funds accruing and appropriated to the Fund may be used for the purpose of
relieving or mitigating a pecuniary loss sustained by any person by reason
of the dishonesty of, or failure to account for money or property
entrusted to, any member of the WSBA as a result of or directly related to
the member's practice of law (as defined in GR 24), or while acting as a
fiduciary in a matter directly related to the member's practice of law.
Such funds may also, through the Fund, be used to relieve or mitigate like
losses sustained by persons by reason of similar acts of an individual who
was at one time a member of the WSBA but who was at the time of the act
complained of under a court ordered suspension.
C. The Fund shall not be used for the purpose of relieving any pecuniary loss
resulting from an attorney's negligent performance of services.
RULE 2. ESTABLISHMENT OF THE FUND.
A. Trustees. Pursuant to APR 15, the members of the Board of Governors of the
WSBA will serve during their terms of office as Trustees (Trustees) for
the Fund to hold funds assessed by the Supreme Court for the purposes of
the Fund. The WSBA President will serve as President of the Trustees.
B. Funding. The Trustees may recommend to the Supreme Court that it order an
annual assessment of all active members of the WSBA in an amount
recommended by the Trustees to be held by them in trust for the purposes
of the Fund.
C. Enforcement. Any active member failing to pay any annual assessment on
or before the date set for payment by the Supreme Court shall, after 60
days written notice sent to his or her last known business address as
shown in the records of the WSBA, be ordered suspended from the practice
of law until the assessment is paid.
RULE 3. LAWYERS' FUND FOR CLIENT PROTECTION BOARD
A. Membership. The Lawyers Fund for Client Protection Board shall consist
of 11 lawyers and 2 nonlawyers appointed by the Trustees for terms not
exceeding 3 years each.
B. Vacancies. Vacancies on the Board shall be filled by appointment of the Trustees.
C. Officers. The Trustees shall appoint a chairperson of the Board for a term
of one-year or until a successor is appointed. The secretary of the Board
shall be a staff member of the WSBA assigned to the Board by the Executive
Director of the WSBA.
D. Meetings. The Board shall meet not less than once per year upon call of
the chairperson, or at the request of the staff member of the WSBA, who
shall not be entitled to vote on Board matters.
E. Quorum. A majority of the Board members, excluding the secretary, shall
constitute a quorum.
F. Record of Meetings. The secretary shall maintain minutes of the Board
deliberations and recommendations.
G. Authority and Duties of Board. The Board shall have the power and authority to:
(1) Consider claims for reimbursement of pecuniary loss and make a report and
recommendation regarding payment or nonpayment on any claim to the Trustees.
(2) Provide a full report of its activities annually to the Supreme Court
and the Trustees and to make other reports and to publicize its
activities as the Court or Trustees may deem advisable.
H. Conflict of Interest.
(1) A Board member who has or has had a lawyer/client relationship or
financial relationship with an applicant or lawyer who is the subject
of an application shall not participate in the investigation or
deliberation of an application involving that applicant or lawyer.
(2) A Board member with a past or present relationship, other than that
as provided in section (1), with an applicant or lawyer who is the
subject of an application, shall disclose such relationship to the
Board and, if the Board deems it appropriate, that member shall not
participate in any action relating to that application.
RULE 4. APPLICATIONS FOR PAYMENT
A. Application Form. All applications for payment through the Lawyers Fund
for Client Protection shall be made by submitting an application on a form
approved by the Board, and shall include all information requested on the form.
B. Disciplinary Grievances. Before an application for payment from the Fund
will be considered, the applicant must also file a disciplinary grievance
with the Office of Disciplinary Counsel, unless the lawyer is disbarred or
deceased, or unless the Board in its discretion finds that no disciplinary
grievance is required.
C. Notice by Office of Disciplinary Counsel. Any person who has filed a
disciplinary grievance with the WSBA alleging a loss occasioned by the
dishonest conduct of a lawyer should be provided with a Lawyers Fund for
Client Protection application form and given information about the Fund.
RULE 5. ELIGIBLE CLAIMS
A. Eligibility. To be eligible for payment from the Fund, the loss must be
caused by the dishonest conduct of a lawyer or the failure to account for money
or property entrusted to a lawyer as a result of or directly related to the
lawyer's practice of law (as defined in GR 24). The loss must also have arisen
out of and by reason of a client-lawyer relationship or a fiduciary
relationship in a matter directly related to the lawyer's practice of law.
B. Time Limitations. Any application must be made within three years from
the date on which discovery of the loss was made or reasonably should have
been made by the applicant, and in no event more than three years from the
date the lawyer dies, is disbarred, is disciplined for misappropriation of
funds, or is criminally convicted for matters relating to the applicant's
loss, provided that the Board or Trustees in their discretion may waive
any limitations period for excusable neglect or other good cause.
C. Dishonest Conduct. As used in these rules, "dishonest conduct" or
"dishonesty" means wrongful acts committed by a lawyer in the nature of
theft or embezzlement of money or the wrongful taking or conversion of
money, property or other thing of value, including but not limited to
refusal to refund unearned fees or expenses as required by the Rules of
Professional Conduct.
D. Excluded Losses. Except as provided by Section E of this Rule, the
following losses shall not be reimbursable:
(1) Losses incurred by related persons, law partners and associate attorneys
of the lawyer causing the loss. For purposes of these Rules, "related persons"
includes a spouse, domestic partner, child, grandchild, parent, grandparent,
sibling, or other Relative or individual with whom the lawyer maintains a
close, familial relationship;
(2) Losses covered by any bond, surety agreement, or insurance contract to the
extent covered thereby, including any loss to which any bonding agent, surety,
or insurer is subrogated, to the extent of that subrogated interest;
(3) Losses incurred by any financial institution which are recoverable under a
"banker's blanket bond" or similar commonly available insurance or surety contract;
(4) Losses incurred by any business entity controlled by the lawyer or any
person or entity described in Rule 5 D (1), (2) or (3);
(5) Losses incurred by an assignee, lienholder, or creditor of the applicant
or lawyer, unless application has been made by the client or beneficiary or the
client or beneficiary has authorized such reimbursement;
(6) Losses incurred by any governmental entity or agency;
(7) Losses arising from business or personal investments not arising in the
course of or arising out of the client-lawyer relationship;
(8) Consequential damages, such as lost interest, or attorney's fees or other
costs incurred in seeking recovery of a loss.
E. Special and Unusual Circumstances. In cases of special and unusual circumstances,
the Board may, in its discretion, consider an application which would otherwise
be excluded by reason of the procedural requirements of these rules.
F. Unjust Enrichment. In cases where it appears that there will be unjust
enrichment, or that the applicant contributed to the loss, the Board may,
in its discretion, recommend the denial of the application. No rule should
be interpreted as to provide a financial windfall to a claimant from the fund.
G. Investment Victims. When considering gifts to claimants who were
victimized after investing with a lawyer, the Board may consider such
factors as the sophistication of the investor, the length of the
relationship with the lawyer, and whether the invester was aware that the
lawyer had non-lawyer partners.
H. Exhaustion of Remedies. The Board may consider whether an applicant has
made reasonable attempts to seek reimbursement of a loss before taking action
on an application. This may include, but is not limited to, the following:
(1) Filing a claim with an appropriate insurance carrier;
(2) Filing a claim on a bond, when appropriate;
(3) Filing a claim with any and all banks which honored a financial
instrument with a forged endorsement;
(4) As a prelude to possible suit under part (5) below, demanding
payment from any business associate or employer who may be liable for
the actions of the dishonest lawyer; or
(5) Commencing appropriate legal action against the lawyer or against any
other party or entity who may be liable for the applicant's loss.
RULE 6. PROCEDURES
A. Ineligibility. Whenever it appears that an application is not eligible for
reimbursement pursuant to Rule 5, the applicant shall be advised of the
reasons why the application may not be eligible for reimbursement.
B. Investigation and Report. The WSBA staff member assigned to the Board
shall conduct an investigation regarding any application. The
investigation may be coordinated with any disciplinary investigation
regarding the lawyer. The staff member shall report to the Board and make
a recommendation to the Board.
C. Notification of Lawyer. The lawyer, or his or her representative,
regarding whom an application is made shall be notified of the application
and provided a copy of it, and shall be requested to respond within 20
days. If the lawyer's address of record on file with the WSBA is not
current, then a copy of the application should be sent to the lawyer at
any other address on file with the WSBA. A copy of these Rules shall be
provided to the lawyer or representative.
D. Withdrawal of Application/Restitution. If, during the investigation of an
application, the Applicant withdraws the Application or the Applicant
receives full restitution of the amount stated in the Application, the
Applicant and the lawyer shall be advised that the file will be closed
without further action.
E. Testimony. The Board may request that testimony be presented to complete
the record. Upon request, the lawyer or applicant, or their representatives,
may be given an opportunity to be heard at the discretion of the Board.
F. Finding of Dishonest Conduct. The Board may make a finding of dishonest
conduct for purposes of considering an application. Such a determination
is not a finding of dishonest conduct for purposes of professional discipline.
G. Evidence and Burden of Proof. Consideration of an application need not be
conducted according to technical rules relating to evidence, procedure and
witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence commonly accepted by reasonably prudent persons in the conduct
of their affairs. The applicant shall have the burden of establishing
eligibility for reimbursement by a clear preponderance of the evidence.
H. Pending Disciplinary Proceedings. Unless the Trustees otherwise direct, no
application shall be acted upon during the pendency of a disciplinary proceeding
or investigation involving the same act or conduct that is alleged in the claim.
I. Public Participation. Public participation at Board meetings shall be
permitted only by prior permission granted by the Board chairperson.
J. Board Action.
(1) Actions of the Board Which Are Final Decisions. A decision by the
Board on an application for payment of $25,000 or less -- whether
such decision be to make payment, to deny payment, to defer consid
eration, or for any action other than payment of more than $25,000 --
shall be final and without right of appeal to the Trustees.
(2) Actions of the Board Which Are Recommendations to the Trustees. A
decision by the Board (a) on an application for more than $25,000, or (b)
involving a payment of more than $25,000 (regardless of the amount stated in
the application), is not final and is a recommendation to the Trustees which
shall have sole authority for final decisions in such cases.
RULE 7. ADJUDICATION BY TRUSTEES
A. A recommendation by the Board (a) concerning applications for more than
$25,000, or (b) that payments of more than $25,000 be made to applicants
regarding any one lawyer, shall be reported to the Trustees which may, in
its discretion, adopt, modify, disapprove or take any other appropriate
action on the Board's recommendation.
B. A decision of the Trustees shall be final and there shall be no right of
appeal from that decision.
RULE 8. NOTIFICATION OF APPLICANT AND LAWYER
Both the applicant and the lawyer who is the subject of an application
shall be advised of any decision of the Board or the Trustees.
RULE 9. LIMITATIONS ON AMOUNT OF REIMBURSEMENT
The Trustees may, at their discretion, set limitations on the amount of reimbursement.
RULE 10. NO LEGAL RIGHT TO PAYMENT
Any and all payments made to applicants in connection with the Lawyers' Fund for
Client Protection are gratuitous and are at the sole discretion of the Trustees.
RULE 11. RESTITUTION AND SUBROGATION
A. Restitution. A lawyer whose conduct results in payment to an applicant
shall be liable to the Fund for restitution, and the Trustees may bring
such action as they deem advisable to enforce restitution.
B. Subrogation. As a condition of payment, an applicant shall be required
to provide the Fund with a pro tanto transfer of the applicant's rights
against the lawyer, the lawyer's legal representative, estate or assigns;
and of the claimant's rights against any third party or entity who may be
liable for the applicant's loss. Failure to return a signed subrogation
agreement to the Fund within three years of approval of the application
will result in revocation of that approval.
C. Action to Enforce Restitution. In the event the Trustees commence a
judicial action to enforce restitution, they shall advise the applicant
who may then join in the action to recover any unreimbursed losses. If
the applicant commences such an action against the lawyer or another
entity who may be liable for the loss, the applicant shall notify the Fund
who may join in the action.
D. Duty to Cooperate. As a condition of payment, the applicant shall be required
to cooperate in all efforts that the Fund undertakes to achieve restitution.
RULE 12. COMPENSATION FOR REPRESENTING APPLICANTS
No lawyer shall charge or accept any payment for prosecuting an
application on behalf of an applicant, unless such charge or payment has
been approved by the Trustees.
RULE 13. CONFIDENTIALITY
A. Matters Which Are Public. The facts and circumstances which generated
the loss, the Board's findings of fact and recommendations to the Trustees
with respect to payment of a claim, the amount of claim, the amount of
loss as determined by the Board, and the amount of payment authorized and
made, shall be public. After payment is authorized, the name of the
lawyer causing the loss shall be public.
B. Matters Which Are Not Public. The Board's investigation and deliberations
of any application; the name of the applicant, unless the applicant
consents; or the name of the lawyer, unless the lawyer consents or unless
the lawyer's name is made public pursuant to these rules, shall not be public.
RULE 14. NOTICE OF ACTION
Notice of approval of an application to the Fund may be published in the
Washington State Bar News and elsewhere at the direction of the Board or
Trustees. Notice may also be posted electronically on any web site
maintained by the WSBA. If the lawyer has made full restitution to the
Fund, any notice posted electronically by the WSBA may, at the request of
the lawyer, be removed.
RULE 15. AMENDMENTS
These Rules may be amended, altered or repealed on the recommendation of
the Board by a vote of the Trustees, with the approval of the Supreme Court.
(Adopted by the Washington Supreme Court July 18, 1995; amended February 11, 1997;
May 6, 1999; October 5, 2001; December 2, 2004; September 1, 2006; November 2, 2006,
September 1, 2008; January 13, 2009; December 1, 2009; September 1, 2012.)
APR 16
Mediation Program
(a) Policy. It is the policy of the Supreme Court to encourage through a
conciliatory process the informal and prompt resolution of disputes
between lawyers and their clients, disputes between lawyers and other
lawyers, and other disputes, including disputes between lawyers and
other professionals regarding expert witness fees.
(b) Mediation Program. The Washington State Bar Association is authorized
to maintain and administer a Mediation Program for the resolution of
disputes voluntarily submitted by the parties, or referred by the
Office of Disciplinary Counsel, when mediation appears appropriate,
and to be governed by such guidelines as may be adopted by the Bar
Association's Board of Governors and approved by the Supreme Court.
(c) Confidentiality. Mediation under this rule shall be confidential, and
communications made or materials submitted in, or in connection with,
the mediation proceeding will be privileged and confidential as
provided by RCW 5.60.070, provided that no party to the mediation
will be precluded from filing or pursuing a grievance under the Rules
for Enforcement of Lawyer Conduct.
(d) Selection and Appointment of Mediators. Mediators may be agreed upon
by the parties or shall be assigned from a list approved by the Board
of Governors and maintained by the Bar Association of both lawyers
and non-lawyers with the appropriate training and experience to serve
effectively in a facilitative role. Lawyers assigned as mediators
shall be active members of the Bar Association for at least 7 years.
(e) Communications to the Association.
Communications to the Bar Association, Board of Governors, mediator,
mediation staff, or any other individual acting under authority of
these rules, are absolutely privileged, and no lawsuit predicated
thereon may be instituted against any party to a mediation, witness
or other person providing information.
[Adopted effective September 1, 1999; amended effective October 1, 2002; January 2, 2008.]
APR 17
SUSPENSION FROM PRACTICE
(a) Suspension from Practice: The Washington State Bar
Association shall request that the Supreme Court suspend a
member from the practice of law upon the execution of
written findings from an adjudicative process that: (1) the
member is more than six months delinquent in noncompliance
with a valid and enforceable order entered by a court of
competent jurisdiction requiring the member to pay child
support, and (2) the member has had the opportunity for an
adjudicative proceeding to contest the issue of compliance
with the child support order, and (3) there are currently no
good faith negotiations for a repayment agreement or other
modification of the order, and (4) there are no pending
judicial or administrative proceedings to determine whether
child support is delinquent. A member shall be considered
in compliance with an order of child support if the member
is current with a payment arrangement pursuant to an order
which contemplates payments for past due child support. The
hearing will be held, on actual notice to the member of no
less than sixty days. The hearing shall otherwise be
conducted pursuant to and in accordance with the Rules for
Enforcement of Lawyer Conduct but will be for an
administrative suspension only so long as the conditions set
forth above exist.
(b) Order of Suspension: After 60 days from the
execution of the written findings the Court may enter an
order suspending the member from practice, unless the member
submits satisfactory proof one of the conditions set forth
above does not exist.
(c) Reinstatement: A member who has been
administratively suspended under this rule shall have a
right to submit proof of a condition for suspension no
longer exists. The Court may enter an order of
reinstatement upon determination said proof is satisfactory
and so long as the member meets all other requirements to
practice law.
(d) Rules of Professional Conduct not Superseded:
Nothing in this rule supersedes any of the Rules of
Professional Conduct.
[Adopted effective September 1, 1999; October 1, 2002.]
APR 18
ADMISSION OF LAWYERS LICENSED IN OTHER STATES OR TERRITORIES
OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA
TO PRACTICE LAW IN WASHINGTON
(a) Purpose. This rule prescribes the procedure,
conditions, and limitations for admission of lawyers from other
states or territories of the United States or the District of
Columbia, except as provided in rule 3. Lawyers from other
states or territories or the District of Columbia will be
admitted in Washington pursuant to this rule under procedures and
conditions that, in the judgment of the Washington State Supreme
Court, are substantially similar to the procedures and conditions
under which the other licensing state or territory or the
District of Columbia allows the admission of licensed Washington
lawyers to their states.
(b) Qualifications. Before a lawyer licensed to practice law
in another state or territory of the United States or the
District of Columbia qualifies for admission to the practice of
law in the State of Washington, the lawyer must:
(1) Present satisfactory proof of both admission to the
practice of law, together with current good standing, in another
state or territory of the United States or the District of
Columbia, and active legal experience as a lawyer or counselor at
law at the time of the application;
(2) Possess the good moral character and fitness requisite
for a member of the Bar of the State of Washington;
(3) Execute under oath and file with the Bar Association two
copies of an application in such form as may be required by the
Board of Governors; and
(4) File with the application a certificate from the
authority in such other state or territory or the District of
Columbia having final jurisdiction over professional discipline,
certifying as to the applicant's admission to practice, and the
date thereof, and as to the good standing of such lawyer or
counselor at law or the equivalent; and
(5) Provide with the application such other evidence of the
applicant's educational and professional qualifications, good
moral character and fitness and compliance with the requirements
of this rule as the Board of Governors may require; and
(6) Establish to the satisfaction of the Board of Governors
that the state or territory or the District of Columbia that
licensed the lawyer applicant allows the admission of licensed
Washington lawyers under terms and conditions substantially
similar to those set forth in these rules, provided that if the
state or territory or the District of Columbia that licensed the
lawyer applicant requires Washington lawyers to complete or meet
other conditions or requirements, the applicant must meet a
substantially similar requirement for admission in Washington; and
(7) Pay upon the filing of the application the fee
established for such admission which shall be at least equal to
that required pursuant to rule 3(d)(2) to be paid by a lawyer
applicant to take the bar examination.
(c) Procedure.
(1) The Board of Governors shall approve or disapprove
applications for admission of lawyers admitted to the practice of
law in other states or territories of the United States or the
District of Columbia. The Board may require additional proof of
any facts stated in the application. In the event of the failure
or refusal of the applicant to furnish any information or proof,
or to answer any inquiry of the Board pertinent to the pending
application, the Board may deny the application. Upon approval
of the application by the Board of Governors, the Board shall
recommend to the Supreme Court the admission of the applicant for
the purposes herein stated. The Supreme Court may enter an order
admitting to practice those applicants it deems qualified,
conditioned upon such applicant:
(i) Completing a minimum of 4 hours approved preadmission
education pursuant to rule 5(b); and
(ii) Taking and filing with the Clerk of the Supreme Court
the Oath of Attorney pursuant to rule 5; and
(iii) Paying to the Bar Association its membership fee for
the current year in the maximum amount required of active
members; and
(iv) Filing with the Bar Association in writing his or her
address in the State of Washington, together with a statement
that the applicant has read the Rules of Professional Conduct and
Rules for Enforcement of Lawyer Conduct, is familiar with their
contents and agrees to abide by them.
(2) Upon the entry of an order of admission, the filing of
the required materials and payment of the membership fee, the
applicant shall be admitted to the practice of law in the State
of Washington as specified by this rule.
[Adopted effective September 21, 1999; October 1, 2002; amended effective June 1, 2006.]
APR 19
LAWYER SERVICES
(a) Purpose. The purpose of this rule is to protect the public, to assist
lawyers in the performance of their duties and responsibilities in the
representation of clients, to maintain and improve the integrity of the legal
profession, and to promote the interests of justice.
(b) Lawyers' Assistance Program (LAP).
(1) Authorization. The Washington State Bar Association is authorized to
create a program to help prevent and alleviate problems that may detrimentally
influence a lawyer's performance, including physical illnesses, emotional
problems or addictions.
(2) Confidentiality. Confidential communications between a lawyer-client and
staff or peer counselors of the Lawyers' Assistance Program shall be privileged
against disclosure without the consent of the lawyer-client to the same extent
and subject to the same conditions as confidential communications between a
client and psychologist.
(3) Exoneration From Liability.
(i) Bar Association and Its Agents. No cause of action shall accrue in
favor of any person, arising from any action or proceeding pursuant to these
rules, against the Bar Association, or its officers or agents (including but not
limited to its staff, members of the Board of Governors, or any other individual
acting under the authority of these rules) provided only that the Bar Association,
officer or agent shall have acted in good faith. The burden of proving
bad faith in this context shall be upon the person asserting it. The Bar
Association shall provide defense to any action brought against an officer or
agent of the Bar Association for actions taken in good faith under these rules
and shall bear the costs of that defense and shall indemnify the officer or agent
against any judgment taken therein.
(ii) Other persons. Communications to the Bar Association, Board of Governors,
staff, or any other individual acting under the authority of these rules, are
absolutely privileged, and no lawsuit predicated thereon may be instituted
against them or other person providing information.
(c) Fee Arbitration Program. [Reserved.]
(d) Law Office Management Assistance Program.
(1) Authorization. The Washington State Bar Association is authorized to
create a program to help improve the quality of legal services by assisting
lawyers to manage better their offices and improve the professional delivery of
legal services.
(2) Confidentiality. Information obtained by staff or agents of the Law
Office Management Assistance Program shall be confidential unless:
(i) the assisted lawyer consents to disclosure;
(ii) disclosure, based upon reasonable belief, is necessary to prevent the
assisted lawyer from committing a crime; or
(iii) pursuant to court order.
(e) Professional Responsibility Program.
(1) Authorization. The Washington State Bar Association is authorized
to maintain a program to assist lawyers in complying with their obligations
under the Rules of Professional Conduct, thereby enhancing the quality
of legal representation provided by Washington lawyers.
(2) Professional Responsibility Counsel. "Professional responsibility
counsel" denotes a lawyer employed or appointed by the Bar
Association to act as counsel on the Bar Association's behalf in
performing duties under part (e) of this rule, and any other
lawyer employed or appointed by the Bar Association, including
but not limited to disciplinary counsel or general counsel,
whenever such lawyer is temporarily performing those duties.
(3) Ethics Inquiries. Any member of the Bar Association, or any
lawyer or legal intern permitted by rule to practice law in this
state, may direct an ethics inquiry to professional
responsibility counsel. Such inquiries should be made by
telephone to the Bar Association's designated ethics inquiry
telephone line. The provisions of this rule also apply to ethics
inquiries initially submitted in writing, including facsimile, e-
mail, or other electronic means, but do not apply to requests for
written ethics opinions directed to the Bar Association's Rules
of Professional Conduct Committee or its equivalent.
(4) Scope. An inquirer may request the guidance of professional
responsibility counsel in identifying, interpreting or applying
the Rules of Professional Conduct as they relate to his or her
prospective ethical conduct. If the inquiry presents a set of
facts, those facts should ordinarily be presented in hypothetical
format. Professional responsibility counsel provides only
informal guidance. Professional responsibility counsel provides
no legal advice or opinions, and the inquirer is responsible for
making his or her own decision about the ethical issue presented.
The inquiry shall be declined if it (i) requires analysis or
resolution of legal issues other than those arising under the
Rules of Professional Conduct; (ii) seeks an opinion about the
ethical conduct of a lawyer other than the inquirer; or (iii)
seeks an opinion about the ethical propriety of the inquirer's past conduct.
(5) Limitations and Inadmissibility. Neither the making of an inquiry
nor the providing of information by professional responsibility
counsel under this rule creates a client-lawyer relationship. Any
information or opinion provided during the course of an ethics
inquiry is the informal, individual view of professional
responsibility counsel only. No information relating to an ethics
inquiry, including the fact that an inquiry has been made, its
content, or the response thereto, may be asserted in response to
any grievance or complaint under the Rules for Enforcement of
Lawyer Conduct, nor is such information admissible in any
proceeding under the Rules for Enforcement of Lawyer Conduct.
(6) Records. Professional responsibility counsel shall not make or
maintain any permanent record of the identity of an inquirer or
the substance of a specific inquiry or response. Professional
responsibility counsel may keep records of the number of
inquiries and the nature and type of inquiries and responses.
Such records shall be used solely to aid the Bar Association in
developing the Professional Responsibility Program and developing
additional educational programs. Such records shall be exempt
from public inspection and copying and shall not be subject to
discovery or disclosure in any proceeding.
(7) Confidentiality. Communications between an inquirer and
professional responsibility counsel are confidential and shall be
privileged against disclosure except by consent of the inquirer
or as authorized by the Supreme Court. Professional
responsibility counsel shall not use or reveal information
learned during the course of an ethics inquiry except as RPC 1.9
would permit with respect to information of a former client. The
provisions of RPC 8.3 do not apply to information received by
professional responsibility counsel during the course of an ethics inquiry.
(f) Communications to the Association.
Communications to the Bar Association, Board of Governors,
staff, or any other individual acting under the authority of this
rule, are absolutely privileged, and no lawsuit predicated
thereon may be instituted against them or other person providing information.
[Adopted effective September 1, 2001; amended effective April 1, 2003; December
4, 2007; January 2, 2008; December 28, 2010.]
APR 20
CHARACTER AND FITNESS BOARD
(a) Composition. The Board shall consist of not less than three nonlawyer
members, appointed by the Supreme Court, and not less than one lawyer member
from each congressional district, appointed by the Board of Governors.
(b) Qualifications. Lawyer members must have been active members of the Bar
Association for at least 7 years.
(c) Board Chair. The Board of Governors shall annually designate one lawyer
member of the Board to act as chair and another as vice-chair. The vice-chair
shall serve in the absence of or at the request of the Board chair.
(d) Vacancies. Vacancies in lawyer membership on the Board and in the office
of the Board chair and the vice-chair shall be filled by the Board of
Governors. Vacancies in nonlawyer membership shall be filled by the Supreme
Court. A person appointed to fill a vacancy shall complete the unexpired term
of the person he or she replaces, and if that unexpired term is less than 24
months he or she may be reappointed to a consecutive term.
(e) Quorum. A majority of the Board members shall constitute a quorum. Given
a quorum, the concurrence of a majority of those present shall constitute
action of the Board. In the even of a quorum is not present, the Applicant or
Petitioner may waive the requirement of a quorum.
(f) Disqualification. In the event a grievance is made to the Bar Association
alleging an act of misconduct by a lawyer member of the Board the procedures
specified in ELC2.3(b)(5) shall apply.
(g) Pro Tempore Members. When a member of the Board is disqualified or unable
to function on a case for good cause, the chair of the Board may, by written
order, designate a member pro tempore to sit with the Board to hear and
determine the cause. A member pro tempore may be appointed from among those
persons who have previously served as members of the Character and Fitness
Board (or its predecessor Character and Fitness Committee), or from among
lawyers appointed as alternate Board members by the Board of Governors and
nonlawyers appointed as alternate Board members by the Supreme Court. A lawyer
shall be appointed to substitute for a lawyer member of the Board, and a
nonlawyer to substitute for a nonlawyer member of the board.
(h) Voting. Each member, whether nonlawyer or lawyer, shall have one vote.
(i) Terms of Office. The term of office for a member of the Board shall be 3
years. Newly created Board positions may be filled by appointments of less than
3 years, as designated by the Supreme Court or the Board of Governors, to
permit as equal a number of positions as possible to be filled each year. All
terms of office begin October 1 and end September 30 or when a successor has
been appointed whichever occurs later. Members may not serve more than one term
except as otherwise provided in these rules. Members shall continue to serve
until replaced.
(j) Application of Rules. These rules and any subsequent amendments will
apply in their entirety, on the effective date as ordered by the Supreme Court,
to any pending matter, except as would not be feasible or would work an
injustice. The Chair may rule on the appropriate procedure with a view to
insuring a fair and orderly proceeding.
[Adopted effective October 1, 2002; September 1, 2006.]
RULE 20.1
AUTHORITY OF BOARD
The Board shall have the power and authority to:
(a) Accept referrals from the Bar Counsel concerning matters of character and
fitness bearing upon the qualification of Applicants for Admission of
Petitioners for Reinstatement.
(b) Review each Application for Admission or Petition for Reinstatement to
practice law in the state of Washington.
(c) Investigate matters relevant to the admission or reinstatement of any
Applicant or Petitioner and conduct hearings concerning such matters.
(d) Perform such other functions and take such other actions as provided in
these rules or as may be delegated to it by the Board of Governors or Supreme
Court, or as may be necessary and proper to carry out its duties.
[Adopted effective October 1, 2002; September 1, 2006.]
RULE 20.2
MEETINGS
The Board shall hold meetings at such times and places as it may determine.
Where the chair of the Board determines that prompt action is necessary for
protection of the public, and that circumstances do not permit a full meeting
of the Board, the Board may vote on a matter otherwise ready for review without
meeting together, through telephone, electronic or written communication.
[Adopted effective October 1, 2002; September 1, 2006.]
RULE 20.3
BAR COUNSEL
The Bar Association shall be represented by a lawyer appointed by the
Executive Director of the Bar Association, who shall act as counsel to the
Board and who may make a recommendation in support of or in opposition to the
admission or reinstatement of an Applicant or Petitioner.
[Adopted effective October 1, 2002; September 1, 2006.]
RULE 20.4
CLERK
The Executive Director of the Bar Association may appoint a suitable person
or persons to act as Clerk to the Board, and to assist the Board in carrying
out its functions under these rules.
[Adopted effective October 1, 2002; September 1, 2006.]
RULE 20.5
SERVICE
Service of papers and documents shall be made by first class postage prepaid
mail to the Applicant's or Petitioner's, or his or her counsel's, last known
address on record with the Bar Association. If properly made, service by mail
is deemed accomplished on the date of the mailing. Any notice of change of
address shall be submitted in writing to the Bar Association.
[Adopted effective October 1, 2002; September 1, 2006.]
APR 21
CHARACTER DEFINED
Good moral character is a record of conduct manifesting
the qualities of honesty, fairness, candor, trustworthiness,
observance of fiduciary responsibilities, adherence to the
law, and a respect for the rights of other persons and the
judicial process.
[Adopted effective September 1, 2006.]
APR 22
FITNESS DEFINED; INDEPENDENT FITNESS EXAMINATION
(a) Fitness - defined. Fitness is the absence of any current
mental impairment or current drug or alcohol dependency or abuse
which, if extant, would substantially impair the ability of the
Applicant or Petitioner to practice law.
(b) Testimony and Evidence: If it appears that the Applicant
or Petitioner has engaged in conduct that was or may have been
caused in whole or in part by a mental impairment or drug or
alcohol dependency or abuse, the Applicant or Petitioner may
present testimony or evidence from a licensed or certified mental
health professional (hereafter "examining professional").
(c) Independent Fitness Examination: If after reviewing such
testimony or evidence the Board finds that further examination is
necessary, the Board by majority vote may require an examination
of the Applicant or Petitioner by an examining professional
approved by the Lawyers' Assistance Program of the Washington
State Bar Association.
(d) Failure to Comply: The failure of an Applicant or a
Petitioner to agree or submit to a required independent fitness
examination shall result in the Applicant's or Petitioner's
application or petition being denied.
(e) Costs: The cost of any examination required by the Board
shall be borne by the Bar Association.
(f) Report: The examining professional shall issue a written
report of his or her findings which report shall be provided to
the Applicant or Petitioner and his or her counsel, Bar Counsel
and the Character and Fitness Board.
(g) Confidentiality: Any report and testimony of an examining
professional may be admitted into evidence at a hearing on, or
review of, the Applicant's or Petitioner's fitness and
transmitted with the record on review by the Disciplinary Board
or the Supreme Court. Reports and testimony regarding the
Applicant's or Petitioner's fitness shall otherwise be kept
confidential in all respects and neither the report nor the
testimony of the examining professional shall be discoverable or
admissible in any other proceeding or action.
[Adopted effective September 1, 2006.]
APR 23
CHARACTER AND FITNESS BOARD - PREHEARING PROCEDURE -
APPLICATIONS FOR ADMISSION
(a) Admissions Staff Review. All applications for
admission to practice law in Washington State shall be
reviewed by the Bar Association Admissions staff for
purposes of determining whether any of the factors set forth
in rule 24.2(a) are present.
(b) Admissions Staff Review - Standard. All applications
which reflect one or more of the factors set forth in rule 24.2(a)
shall be referred to Bar Counsel for review.
(c) Review By Bar Counsel - Standard. Upon receiving
a referral from the admissions staff, Bar Counsel may
conduct such further investigation as he or she deems
necessary and thereafter, applying the factors and
considerations set forth in rule 24.2, and upon reviewing
the material evidence in the light most favorable to the Bar
Association's obligation to recommend the admission to the
practice of law only those persons who possess good moral
character and fitness, Bar Counsel shall refer to the
Character and Fitness Board for hearing any Applicant about
whom there is a substantial question whether the Applicant
possesses the requisite good moral character and fitness to practice law.
[Adopted effective September 1, 2006.]
APR 24
APPLICATIONS FOR ADMISSION
[Adopted effective September 1, 2006.]
APR 24.1
DUTY OF APPLICANT
It shall be the duty of every Applicant to cooperate in good faith with any
investigation by promptly furnishing written or oral explanations, documents, releases,
authorizations, or anything else reasonably required by the Board or Bar Counsel. Failure
to appear as directed or to furnish additional proof or answers as required or to cooperate
fully shall be sufficient reason for the Board to recommend the rejection of an application.
[Adopted effective September 1, 2006.]
APR 24.2
FACTORS CONSIDERED WHEN DETERMINING CHARACTER AND FITNESS
(a) Factors. The following factors shall be considered by the Admissions staff
and Bar Counsel when determining whether an applicant shall be referred to
the Character and Fitness Board for a determination of the applicant's character
and/or fitness to practice law:
(1) unlawful conduct.
(2) academic misconduct.
(3) making of false statements or omitting material information in connection
with an application to sit for a bar examination.
(4) misconduct in employment.
(5) acts involving dishonesty, making false statements, fraud, deceit or
misrepresentation.
(6) abuse of legal process.
(7) neglect of financial responsibilities.
(8) disregard of professional obligations.
(9) violation of a court order.
(10) evidence of a current substantial mental impairment, including without
limitation, drug or alcohol dependency or abuse.
(11) denial of admission to the bar in another jurisdiction on character and
fitness grounds.
(12) disciplinary action by any professional disciplinary agency of any jurisdiction.
(13) any other conduct or condition which reflects adversely on moral character
or fitness of the Applicant to practice law.
(b) Factors Considered by the Character and Fitness Board When Determining Good
Moral Character. When determining whether past conduct disqualifies the
Applicant from taking the Washington Bar Examination, or for admission to the Bar,
the Character and Fitness Board shall consider those factors specified in rule
24.2(a) and the following factors in mitigation or aggravation:
(1) Applicant's age at the time of the conduct.
(2) Recency of the conduct.
(3) Reliability of the information concerning the conduct.
(4) Seriousness of the conduct.
(5) Factors or circumstances underlying the conduct.
(6) Cumulative nature of the conduct.
(7) Candor in the admissions process and before the Board.
(8) Materiality of any omissions or misrepresentations.
(9) Evidence of rehabilitation, which may include but is not limited to the following:
(i) absence of recent misconduct.
(ii) compliance with any disciplinary, judicial
or administrative order arising out of the misconduct.
(iii) sufficiency of punishment.
(iv) restitution of funds or property, where applicable.
(v) Applicant's attitude toward the misconduct, including without limitation
acceptance of responsibility and remorse.
(vi) personal assurances, supported by corroborating evidence, of a desire and
intent to engage in exemplary conduct in the future;
(vii) constructive activities and accomplishments since the conduct in question.
(viii) the Applicant's understanding and acceptance of the factors leading to
the misconduct and how similar misconduct may be avoided in the future.
(c) Factors Considered by the Character and Fitness Board in Fitness Cases Involving
Drug or Alcohol Dependence or Abuse. When determining whether an Applicant is unfit
to practice law due to drug or alcohol dependence or abuse, the Character and Fitness
Board shall consider the following factors, no single one of which is determinative:
(1) Whether the Applicant is currently using drugs or alcohol.
(2) Whether the Applicant's drug or alcohol dependence or abuse is likely to cause
or contribute to any of the conduct specified in rule 24.2(a).
(3) The nature, extent and duration of the Applicant's drug or alcohol dependence
or abuse, and the Applicant's candor in the admissions process and before the Board
when describing the problem.
(4) Whether the Applicant has been or is now in treatment and, if so:
(i) The nature and duration of the treatment.
(ii) Whether treatment was or is voluntary or involuntary.
(iii) Consistency of participation in or compliance with treatment.
(iv) Whether the treatment was effective.
(5) Whether the Applicant has undergone a drug or alcohol evaluation by a certified
chemical dependency counselor or other professional with credentials acceptable to
the Board and, if so, whether the substance of such person's opinion the findings have
been made available to the Committee.
(6) The length of time the Applicant has been in recovery. In cases where the period
of recovery is less than two years, the Applicant must demonstrate through appropriate
expert opinion that there has been an adequate period of recovery.
(d) Factors Considered by the Character and Fitness Board in Fitness Cases Involving
a Mental Impairment. When determining whether an Applicant is unfit to practice
law due to a mental impairment, the Character and Fitness Board shall consider the
following factors, no single one of which is determinative:
(1) Whether there is a current mental impairment.
(2) Whether the Applicant's mental impairment is likely to cause or contribute to any
of the conduct specified in rule 24.2(a).
(3) The nature, extent and duration of the Applicant's mental impairment, and the
Applicant's candor in the admissions process and before the Board when describing the impairment.
(4) Whether the Applicant's mental impairment is chronic or situational in nature.
(5) Whether the applicant has received or is receiving professional mental health treatment
appropriate for the impairment, and if so:
(i) Whether the Applicant's impairment has been in remission for at least two years as
verified by an appropriate mental health professional and, if not, whether the
Applicant has demonstrated through appropriate expert opinion that the period of
remission has been adequate.
(ii) Whether a mental health professional has identified any conditions, including without
limitation further treatment, that must be complied with to continue the Applicant's
state of remission and, if so, whether the Applicant is in compliance with those conditions.
(e) Factors Not Considered by the Character andFitness Board. The following factors
shall not be considered as evidence of an Applicant's character or fitness:
(1) Racial or ethnic identity.
(2) Sex.
(3) Sexual orientation.
(4) Marital status.
(5) Religious or spiritual beliefs or affiliation.
(6) Political beliefs or affiliation.
(7) Physical disability.
(8) National origin.
(9) Age.
(10) Learning disabilities.
[Adopted effective September 1, 2006.]
APR 24.3
HEARINGS
(a) Notice. The Character and Fitness Board may fix a time and
place for a hearing on the application, and shall serve notice
thereof not less than 30 days prior to the hearing upon the
Applicant and upon such other persons as may be ordered by the
Character and Fitness Board. This notice requirement may be
waived by the Applicant.
(b) Right to Counsel. An Applicant may be represented by counsel.
(c) Burden of Proof. An Applicant must establish by clear and
convincing evidence that he or she is of good moral character and
possesses the requisite fitness to practice law.
(d) Proceedings Not Civil or Criminal. Hearings before the
Character and Fitness Board are not civil nor criminal but are
sui generis hearings to determine whether an Applicant possesses
good moral character and fitness to be admitted to practice law.
(e) Rules of Evidence.
(1) Evidentiary rulings shall be made by the Board
chairperson. A majority of Board members present may by vote
overrule a ruling by the chairperson.
(2) Consistent with section (d) of this rule, evidence,
including hearsay evidence, is admissible if in the chairperson's
judgment it is the kind of evidence on which reasonably prudent
persons are accustomed to rely in the conduct of their affairs.
The chairperson may exclude evidence that is irrelevant,
immaterial, or unduly repetitious.
(3) Witnesses shall testify under oath; all testimony shall be
transcribed by a certified court reporter.
(4) Expert witnesses shall appear and testify in person before
the Board, unless in the discretion of the Board their appearance
before the Board is waived.
(5) Generally, all documentary evidence submitted to the Board
for consideration must be delivered to Bar Counsel not less than
14 days prior to the hearing. Bar Counsel will provide copies of
all documentary evidence, and any hearing briefs, memoranda, or
other documentary material, to the Board members and to the
Applicant prior to the hearing date.
(6) The Board may take notice of any judicially cognizable
facts, or technical or scientific facts within a Board member's
specialized knowledge.
(7) Questioning of the Applicant and the Applicant's witnesses
shall be conducted by Bar Counsel or his or her designee and by
two members of the Board designated by the chair.
(f) Confidentiality: All hearings and documents before the
Character and Fitness Board on applications for admission to the
bar are confidential.
[Adopted effective September 1, 2006.]
APR 24.4
DECISION AND RECOMMENDATION.
(a) Decision. Within 20 days after the proceedings are
concluded, unless a greater or shorter period is directed by the
Board chair, the Board will file with the Bar Association written
findings of fact, conclusions of law, and a recommendation. Any
Board member or members may file a written dissent within the same time period.
(b) Action on Board Recommendation. The recommendation of the
Character and Fitness Board shall be served upon the Applicant
pursuant to rule 20.5. If the Board recommends admission, the
record, recommendation and all exhibits shall be transmitted to
the Supreme Court for disposition. If the Board recommends
against admission, the record and recommendation shall be retained
in the office of the Bar Association unless the Applicant requests
that it be submitted to the Supreme Court by filing a Notice of
Appeal with the Board within 15 days of service of the
recommendation of the Character and Fitness Board. If the
Applicant so requests, the Board will transmit the record,
including the transcript, exhibits, and recommendation to the
Supreme Court for review and disposition. If the Applicant does
not so request, the bar examination fee shall be refunded to the Applicant.
[Adopted effective September 1, 2006.]
APR 24.5
ACTION ON SUPREME COURT'S DETERMINATION
(a) Application Approved. If the application is approved by
the Supreme Court, admission shall be subject to the Applicant's
taking and passing the bar examination and complying with rule 5.
(b) Application Denied. If the application is denied, the bar
examination fee shall be refunded to the Applicant.
[Adopted effective September 1, 2006.]
APR 25
PETITIONS FOR REINSTATEMENT AFTER DISBARMENT
[Adopted effective September 1, 2006.]
APR 25.1
RESTRICTIONS ON REINSTATEMENT
(a) Petitions For Reinstatement. All Petitions for
Reinstatement after Disbarment shall be referred for hearing
before the Character and Fitness Board.
(b) When Petition May Be Filed. No petition for reinstatement
shall be filed within a period of 5 years after disbarment or
within a period of 2 years after an adverse decision of the
Supreme Court upon a former petition, or within a period of 1
year after an adverse recommendation of the Character and Fitness
Board on a former petition when that recommendation is not
submitted to the Supreme Court. If prior to disbarment the lawyer
was suspended from the practice of law pursuant to the provisions
of Title 7 of the Rules for Enforcement of Lawyer Conduct, or any
comparable rule, the period of such suspension shall be credited
toward the 5 years referred to above.
(c) When Reinstatement May Occur. No disbarred lawyer may be
reinstated sooner than 6 years following disbarment. If prior to
disbarment the lawyer was suspended from the practice of law
pursuant to the provisions of Title 7 of the Rules for
Enforcement of Lawyer Conduct, or any comparable rule, the period
of such suspension shall be credited toward the 6 years referred to above.
(d) Payment of Obligations. No disbarred lawyer may file a
petition for reinstatement until costs and expenses and
restitution ordered by the Disciplinary Board or the Supreme
Court have been paid and until amounts paid out of the Lawyers'
Fund for Client Protection for losses caused by the conduct of
the Petitioner have been repaid to the client protection fund, or
until periodic payment plans for costs and expenses, restitution
and repayment to the client protection fund have been entered
into by agreement between the Petitioner and disciplinary
counsel. A Petitioner may seek review by the Chair of the
Disciplinary Board of an adverse determination by disciplinary
counsel regarding the reasonableness of any such proposed
periodic payment plan. Such review will proceed as directed by
the Chair of the Disciplinary Board and the decision of the Chair
of the Disciplinary Board is final unless the Chair of the
Disciplinary Board determines that the matter should be reviewed
by the Disciplinary Board, in which case the Disciplinary Board
review will proceed as directed by the Chair and the decision of
the Board will be final.
[Adopted effective September 1, 2006.]
APR 25.2
REVERSAL OF CONVICTION
If a lawyer has been disbarred solely because of his or her
conviction of a crime and the conviction is later reversed and
the charges dismissed on their merits, the Supreme Court may in
its discretion, upon direct application by the lawyer, enter an
order reinstating the lawyer upon such conditions as determined
by the Supreme Court. At the time such direct application is
filed with the court a copy shall be filed with the Bar Association.
The Supreme Court may request a response to the application from the
Bar Association.
[Adopted effective September 1, 2006.]
APR 25.3
PETITIONS AND INVESTIGATIONS
(a) Form of Petition. A petition for reinstatement after
disbarment shall be in writing in such form as the Character and
Fitness Board may prescribe. The petition shall be filed with
the Character and Fitness Board. The petition shall set forth the
age, residence and address of the Petitioner, the date of
disbarment, and a concise statement of facts claimed to justify
reinstatement. The petition shall be accompanied by the total
fees required of a lawyer Applicant under these rules.
(b) Investigations. The petition for reinstatement shall be
referred to the Character and Fitness Board.
(c) Duty to Cooperate. It shall be the duty of every
Petitioner to cooperate in good faith with any investigation by
promptly furnishing written or oral explanations, documents,
releases, authorizations, or anything else reasonably required by
the Board or Bar Counsel. Failure to appear as directed or to
furnish additional proof or answers as required or to cooperate
fully shall be sufficient reason for the Committee to recommend
the rejection of a petition.
(d) Proceedings Public. A petition for reinstatement after
disbarment shall be a public proceeding from the time the
petition is filed.
(e) Protective Orders. To protect a compelling interest, a
Petitioner may, on a showing of good cause, move for a protective
order prohibiting the disclosure or release of specific
information, documents, or pleadings, and directing that the
proceedings be conducted so as to implement the order.
[Adopted effective September 1, 2006.]
APR 25.4
HEARING BEFORE CHARACTER AND FITNESS BOARD
(a) Notice. The Character and Fitness Board may fix a time and
place for a hearing on the petition, and shall serve notice
thereof not less than 30 days prior to the hearing upon the
Petitioner and upon such other persons as may be determined by
Bar Counsel or as ordered by the Character and Fitness Board.
Notice of the hearing shall also be published at least once in
the Washington State Bar News and such other newspaper or
periodical as the Character and Fitness Board may direct. Such
published notice shall contain a statement that a petition for
reinstatement has been filed and shall give the date fixed for the hearing.
(b) Statement in Support or Opposition. On or prior to the
date of hearing, anyone wishing to do so may file with the
Character and Fitness Board a written statement for or against
the petition, such statements to set forth factual matters
showing that the Petitioner does or does not meet the
requirements for reinstatement as set forth in these rules.
(c) Hearings. Hearings shall be conducted pursuant to rule 24.3.
[Adopted effective September 1, 2006.]
APR 25.5
ACTION BY CHARACTER AND FITNESS BOARD
(a) Requirements for Favorable Recommendation. Reinstatement
may be recommended by the Character and Fitness Board only upon a
showing, supported by clear and convincing proof, that the
Petitioner possesses the qualifications and meets the
requirements for reinstatement as set forth in these rules and
that the Petitioner has been rehabilitated.
(b) Factors Considered by the Character and Fitness Board. In
reaching the decision of whether the Petitioner has been
rehabilitated, the Board shall consider the factors set forth in
Rule 24.2 (b), (c) and (d), where applicable, and the following factors:
(i) The Petitioner's character, standing, and professional
reputation in the community in which the Petitioner resided
and practiced prior to disbarment.
(ii) The ethical standards which the Petitioner observed in
the practice of law.
(iii) The nature and character of the conduct for which the
Petitioner was disbarred.
(iv) The sufficiency of the punishment undergone in
connection therewith, and the making or failure to make
restitution where required.
(v) The Petitioner's attitude, conduct, and reformation
subsequent to disbarment.
(vi) The time that has elapsed since disbarment.
(vii) The Petitioner's current proficiency in the law; and
(viii) The sincerity, frankness, and truthfulness of the
Petitioner in presenting and discussing the factors relating
to the Petitioner's disbarment and reinstatement.
(c) Factors Not Considered by the Character and Fitness Board.
The following factors shall not be considered as evidence of a
Petitioner's character or fitness:
(1) Racial or ethnic identity.
(2) Sex.
(3) Sexual orientation.
(4) Marital status.
(5) Religious or spiritual beliefs or affiliation.
(6) Political beliefs or affiliation.
(7) Physical disability.
(8) National origin.
(9) Learning disabilities.
(d) Action on Board Recommendation. The recommendation of the
Character and Fitness Board shall be served upon the Petitioner
pursuant to rule 20.5. If the Board recommends reinstatement, the
record and recommendation shall be transmitted to the Supreme
Court for disposition. If the Board recommends against
reinstatement, the record and recommendation shall be retained in
the office of the Bar Association unless the Petitioner requests
that it be submitted to the Disciplinary Board by filing with the
Clerk of the Disciplinary Board a request for Disciplinary Board
review within 15 days of service of the recommendation of the
Character and Fitness Board. If the Petitioner so requests, the
record and recommendation shall be transmitted to the
Disciplinary Board for disposition and the review will be
conducted under the procedure of rules 11.9 and 11.12 of the
Rules for Enforcement of Lawyer Conduct. If the Petitioner does
not so request, the bar examination fee shall be refunded to the
Petitioner, but the Petitioner shall still be responsible for
payment of the costs incidental to the reinstatement proceeding
as directed by the Character and Fitness Board.
(e) Action on Disciplinary Board Recommendation. The
recommendation of the Disciplinary Board shall be served upon the
Petitioner. If the Disciplinary Board recommends reinstatement,
the record and recommendation shall be transmitted to the Supreme
Court for disposition. If the Disciplinary Board recommends
against reinstatement, the record and recommendation shall be
retained in the office of the Bar Association unless the
Petitioner requests that it be submitted to the Supreme Court by
filing with the Clerk of the Disciplinary Board a request for
Supreme Court review within 30 days of service of the
recommendation. If the Petitioner so requests, the record and
recommendation shall be transmitted to the Supreme Court for
disposition. If the Petitioner does not so request, the bar
examination fee shall be refunded to the Petitioner, but the
Petitioner shall still be responsible for payment of the costs
incidental to the reinstatement proceeding as directed by the
Disciplinary Board under the procedure of rule 13.9 of the Rules
for Enforcement of Lawyer Conduct.
[Adopted effective September 1, 2006.]
APR 25.6
ACTION ON SUPREME COURT'S DETERMINATION
(a) Petition Approved. If the petition for reinstatement is
approved by the Supreme Court, the reinstatement shall be subject
to the Petitioner's taking and passing the bar examination,
paying to the Bar Association its membership fee for the current
year and paying the costs incidental to the reinstatement
proceeding as directed by the Supreme Court.
(b) Petition Denied. If the petition for reinstatement is
denied, the bar examination fee shall be refunded to the
Petitioner, but the Petitioner shall still be responsible for
payment of the costs incidental to the reinstatement proceeding.
[Adopted effective September 1, 2006.]
APR 26
INSURANCE DISCLOSURE
(a) Each active member of the Bar Association shall certify annually
in a form approved by the Board of Governors by the date specified by
the form (1) whether the lawyer is engaged in the private practice of
law; (2) if engaged in the private practice of law, whether the lawyer
is currently covered by professional liability insurance; (3) whether
the lawyer intends to maintain insurance during the period of time the
lawyer is engaged in the private practice of law; and (4) whether the
lawyer is engaged in the practice of law as a full-time government
lawyer or is counsel employed by an organizational client and does not
represent clients outside that capacity. Each lawyer admitted to the
active practice of law who reports being covered by professional
liability insurance shall notify the Bar Association in writing within
30 days if the insurance policy providing coverage lapses, is no longer
in effect or terminates for any reason.
(b) The information submitted pursuant to this rule will be made
available to the public by such means as may be designated by the Board
of Governors, which may include publication on the website maintained
by the Bar Association.
(c) Any lawyer admitted to the active practice of law who fails
to comply with this rule by the date specified in section (a) may
be ordered suspended from the practice of law by the Supreme
Court until such time as the lawyer complies. Supplying false
information in response to this rule shall subject the lawyer to
appropriate disciplinary action.
Adopted effective July 1, 2007.
APR 27
PROVISION OF LEGAL SERVICES FOLLOWING DETERMINATION OF MAJOR DISASTER
(a) Determination of Existence of Major Disaster. Solely for purposes of
this Rule, the Supreme Court shall determine when an emergency affecting
the justice system as a result of a natural or other major disaster has
occurred in:
(1) Washington and whether the emergency caused by the major disaster
affects the entirety or only a part of the State of Washington, or
(2) another jurisdiction, but only after such a determination and its
geographical scope have been made by the highest court of that
jurisdiction. The authority to engage in the temporary practice of
law in Washington pursuant to paragraph (c) shall extend only to
lawyers who principally practice in the area of such other
jurisdiction determined to have suffered a major disaster causing an
emergency affecting the justice system and the provision of legal services.
(b) Temporary Practice in Washington Following Major Disaster in
Washington. Following the determination of an emergency affecting the
justice system in Washington pursuant to paragraph (a) of this Rule, or a
determination that persons displaced by a major disaster in another
jurisdiction and residing in Washington are in need of pro bono services
and the assistance of lawyers from outside of Washington is required to
help provide such assistance, a lawyer authorized to practice law in
another United States jurisdiction, and not disbarred, suspended from
practice or otherwise restricted from practice in any jurisdiction, may
provide legal services in Washington on a temporary basis. Such legal
services must be provided on a pro bono basis without compensation,
expectation of compensation or other direct or indirect pecuniary gain to
the lawyer. Such legal services shall be supervised by a lawyer licensed
to practice in Washington and assigned by a qualified legal services
provider as defined in Rule 8(e) or as otherwise ordered by the Supreme
Court. A qualified legal services provider shall be entitled to receive
all court-awarded attorney fees for any representation rendered by the
assigned lawyer pursuant to this Rule. When a lawyer authorized to
practice under this rule signs correspondence or pleadings, the lawyer's
signature shall be followed by the title "active disaster relief lawyer."
(c) Temporary Practice in Washington Following Major Disaster in Another
Jurisdiction. Following the determination of a major disaster in another
United States jurisdiction, a lawyer who is authorized to practice law and
who principally practices in that affected jurisdiction, and who is not
disbarred, suspended from practice or otherwise restricted from practice in
any jurisdiction, may provide legal services in Washington on a temporary
basis. Those legal services must arise out of and be reasonably related to
that lawyer's practice of law in the jurisdiction, or area of such other
jurisdiction, where the major disaster occurred.
(d) Duration of Authority for Temporary Practice. The authority to practice
law in Washington granted by paragraph (b) of this Rule shall end when the
Supreme Court determines that the emergency affecting the justice system
caused by the major disaster in Washington has ended except that a lawyer
then representing clients in Washington pursuant to paragraph (b) is
authorized to continue the provision of legal services for such time as is
reasonably necessary to complete the representation, but the lawyer shall
not thereafter accept new clients. The authority to practice law in
Washington granted by paragraph (c) of this Rule shall end 60 days after
the Supreme Court declares that the emergency affecting the justice system
caused by the major disaster in the affected jurisdiction has ended.
(e) Court Appearances. The authority granted by this Rule does not include
appearances in court except:
(1) pursuant to Rule 8(b) and, if such authority is granted, any
fees for such admission shall be waived; or
(2) if the Supreme Court, in any determination made under paragraph (a)
of this Rule, grants blanket permission to appear in all or
designated courts of Washington to lawyers providing legal services
pursuant to paragraph (b) of this Rule. If such an authorization is
included, any admission fees shall be waived.
(f) Disciplinary Authority and Registration Requirement and Approval.
Lawyers providing legal services in Washington pursuant to paragraphs (b)
or (c) are subject to the disciplinary authority of Washington and the
Washington Rules of Professional Conduct as provided in Rule 8.5 of the
Rules of Professional Conduct. Lawyers providing legal services in
Washington under paragraphs (b) or (c) must file a registration statement
with the Washington State Bar Association. The registration statement shall
be in a form prescribed by the Bar Association. Any lawyer seeking to
provide legal services pursuant to this rule must be approved by the
Supreme Court before being authorized to provide such legal services. Any
lawyer who provides legal services pursuant to this Rule shall not be
considered to be engaged in the unlawful practice of law in Washington.
(g) Notification to Clients. Lawyers licensed to practice law in another
United States jurisdiction who provide legal services pursuant to this Rule
shall inform clients in Washington of the jurisdiction in which they are
licensed to practice law, any limits on that license, and that they are not
authorized to practice law in Washington except as permitted by this Rule.
They shall not state or imply to any person that they are otherwise
licensed to practice law in Washington.
[Adopted effective September 1, 2008.]
APR 28
[New]
LIMITED PRACTICE RULE FOR LIMITED LICENSE LEGAL TECHNICIANS
A. Purpose. The Civil Legal Needs Study (2003),
commissioned by the Supreme Court, clearly established that the
legal needs of the consuming public are not currently being met.
The public is entitled to be assured that legal services are rendered
only by qualified trained legal practitioners. Only the legal
profession is authorized to provide such services. The purpose of
this rule is to authorize certain persons to render limited legal
assistance or advice in approved practice areas of law. This rule
shall prescribe the conditions of and limitations upon the provision
of such services in order to protect the public and ensure that only
trained and qualified legal practitioners may provide the same.
This rule is intended to permit trained Limited License Legal
Technicians to provide limited legal assistance under carefully
regulated circumstances in ways that expand the affordability of
quality legal assistance which protects the public interest.
B. Definitions. For purposes of this rule, the following
definitions will apply:
(1) "APR" means the Supreme Court's Admission to Practice
Rules.
(2) "Board" when used alone means the Limited License Legal
Technician Board.
(3) "Lawyer" means a person licensed and eligible to practice
law in any United States jurisdiction.
(4) "Limited License Legal Technician" (LLLT) means a
person qualified by education, training and work experience who is
authorized to engage in the limited practice of law in approved
practice areas of law as specified by this rule and related
regulations. The legal technician does not represent the client in
court proceedings or negotiations, but provides limited legal
assistance as set forth in this rule to a pro se client.
(5) "Paralegal/legal assistant" means a person qualified by
education, training, or work experience; who is employed or
retained by a lawyer, law office, corporation, governmental agency,
or other entity; and who performs specifically delegated
substantive law-related work for which a lawyer is responsible.
(6) "Reviewed and approved by a Washington lawyer" means
that a Washington lawyer has personally supervised the legal work
and documented that supervision by the Washington lawyer's
signature and bar number.
(7) "Substantive law-related work" means work that requires
knowledge of legal concepts and is customarily, but not
necessarily, performed by a lawyer.
(8) "Supervised" means a lawyer personally directs, approves;
and has responsibility for work performed by the Limited License
Legal Technician.
(9) "Washington lawyer" means a person licensed and eligible
to practice law in Washington and who is an active or emeritus
member of the Washington State Bar Association.
(10) Words of authority:
(a) "May" means "has discretion to," "has a right to," or "is
permitted to."
(b) "Must" or "shall" means "is required to."
(c) "Should" means "recommended but not required."
C. Limited License Legal Technician Board
(1) Establishment. There is hereby established a Limited
License Legal Technician Board. The Board shall consist of 13
members appointed by the Supreme Court of the State of
Washington, nine of whom shall be active Washington lawyers,
and four of whom shall be nonlawyer Washington residents. At
least one member shall be a legal educator. The members shall
initially be appointed to staggered terms of one to three years.
Thereafter, appointments shall be for three year terms. No member
may serve more than two consecutive full three year terms.
(2) Board Responsibilities. The Board shall be responsible for
the following:
(a) Recommending practice areas of law for LLLTs, subject to
approval by the Supreme Court;
(b) Processing applications and fees, and screening applicants;
(c) Administering the examinations required under this rule
which shall, at a minimum, cover the rules of professional conduct
applicable to Limited License Legal Technicians, rules relating to
the attorney-client privilege, procedural rules, and substantive law
issues related to one or more approved practice areas;
(d) Determining LLLT Continuing Legal Education (LLLT
CLE) requirements and approval of LLLT CLE programs;
(e) Approving education and experience requirements for
licensure in approved practice areas;
(f) Establishing and overseeing committees and tenure of
members;
(g) Establishing and collecting examination fees, LLLT CLE
fees, annual license fees, and other fees in such amounts approved
by the Supreme Court as are necessary to carry out the duties and
responsibilities of the Board; and
(h) Such other activities and functions as are expressly
provided for in this rule.
(3) Rules and Regulations. The Board shall propose rules and
regulations for adoption by the Supreme Court that:
(a) Establish procedures for grievances and disciplinary
proceedings;
(b) Establish trust account requirements and procedures;
(c) Establish rules of professional and ethical conduct; and
(d) Implement the other provisions of this rule.
D. Requirements for Applicants. An applicant for licensure
as a Limited License Legal Technician shall:
(1) Age. Be at least 18 years of age.
(2) Moral Character and Fitness to Practice. Be of good moral
character and demonstrate fitness to practice as a Limited License
Legal Technician.
(3) Education and Experience. Have the following education
and experience:
(a)(i) An associate degree or equivalent program, or a bachelor
degree, in paralegal/legal assistant studies approved by the
American Bar Association or the Board, together with a minimum
of two years' experience as a paralegal/legal assistant doing
substantive law-related work under the supervision of a lawyer,
provided that at least one year is under a Washington lawyer; or
(ii) A post-baccalaureate certificate program in paralegal/legal
assistant studies approved by the Board, together with a minimum
of three years' experience as a paralegal/legal assistant doing
substantive law-related work under the supervision of a lawyer,
provided that at least one year is under a Washington lawyer; and
(b) Complete at least 20 hours of pro bono legal service in
Washington as approved by the Board, within two years prior to
taking the Limited License Legal Technician examination.
In all cases, the paralegal/legal assistant experience must be
acquired after completing the education requirement, unless
waived by the Board for good cause shown.
(4) Application. Execute under oath and file with the Board
two copies of his/her application, in such form as the Board
requires. An applicant's failure to furnish information requested by
the Board or pertinent to the pending application may be grounds
for denial of the application.
(5) Examination Fee. Pay, upon the filing of the application,
the examination fee and any other required application fees as
established by the Board and approved by the Supreme Court.
E. Licensing Requirements. In order to be licensed as a
Limited License Legal Technician, all applicants must:
(1) Examination. Take and pass the examinations required
under these rules;
(2) Annual License Fee. Pay the annual license fee;
(3) Financial Responsibility. Show proof of ability to respond
in damages resulting from his or her acts or omissions in the
performance of services permitted by this rules. The proof of
financial responsibility shall be in such form and in such amount as
the Board may by regulation prescribe; and
(4) Meet all other licensing requirements set forth in the rules
and regulations proposed by the Board and adopted by the
Supreme Court.
F. Scope of Practice Authorized by Limited Practice Rule.
The Limited License Legal Technician shall ascertain whether the
issue is within the defined practice area for which the LLLT is
licensed. If it is not, the LLLT shall not provide the services
required on this issue and shall inform the client that the client
should seek the services of a lawyer. If the issue is within the
defined practice area, the LLLT may undertake the following:
(1) Obtain relevant facts, and explain the relevancy of such
information to the client;
(2) Inform the client of applicable procedures, including
deadlines, documents which must be filed, and the anticipated
course of the legal proceeding;
(3) Inform the client of applicable procedures for proper service
of process and filing of legal documents;
(4) Provide the client with self-help materials prepared by a
Washington lawyer or approved by the Board, which contain
information about relevant legal requirements, case law basis for
the client's claim, and venue and jurisdiction requirements;
(5) Review documents or exhibits that the client has received
from the opposing side, and explain them to the client;
(6) Select and complete forms that have been approved by the
State of Washington, either through a governmental agency or by
the Administrative Office of the Courts or the content of which is
specified by statute; federal forms; forms prepared by a
Washington lawyer; or forms approved by the Board; and advise
the client of the significance of the selected forms to the client's
case;
(7) Perform legal research and draft legal letters and documents
beyond what is permitted in the previous paragraph, if the work is
reviewed and approved by a Washington lawyer;
(8) Advise a client as to other documents that may be
necessary to the client's case (such as exhibits, witness
declarations, or party declarations), and explain how such
additional documents or pleadings may affect the client's case;
(9) Assist the client in obtaining necessary documents, such as
birth, death, or marriage certificates.
G. Conditions Under Which A Limited License Legal
Technician May Provide Services
(1) A Limited License Legal Technician must have a principal
place of business having a physical street address for the
acceptance of service of process in the State of Washington;
(2) A Limited License Legal Technician must personally
perform the authorized services for the client and may not delegate
these to a nonlicensed person. Nothing in this prohibition shall
prevent a person who is not a licensed LLLT from performing
translation services;
(3) Prior to the performance of the services for a fee, the
Limited License Legal Technician shall enter into a written contract
with the client, signed by both the client and the Limited License
Legal Technician, that includes the following provisions:
(a) An explanation of the services to be performed, including a
conspicuous statement that the Limited License Legal Technician
may not appear or represent the client in court, formal
administrative adjudicative proceedings, or other formal dispute
resolution process or negotiate the client's legal rights or
responsibilities, unless permitted under GR 24(b);
(b) Identification of all fees and costs to be charged to the
client for the services to be performed;
(c) A statement that upon the client's request, the LLLT shall
provide to the client any documents submitted by the client to the
Limited License Legal Technician;
(d) A statement that the Limited License Legal Technician is
not a lawyer and may only perform limited legal services. This
statement shall be on the first page of the contract in minimum
twelve-point bold type print;
(e) A statement describing the Limited License Legal
Technician's duty to protect the confidentiality of information
provided by the client and the Limited License Legal Technician's
work product associated with the services sought or provided by
the Limited License Legal Technician;
(f) A statement that the client has the right to rescind the
contract at any time and receive a full refund of unearned fees.
This statement shall be conspicuously set forth in the contract; and
(g) Any other conditions required by the rules and regulations
of the Board.
(4) A Limited License Legal Technician may not provide
services that exceed the scope of practice authorized by this rule,
and shall inform the client, in such instance, that the client should
seek the services of a lawyer.
(5) A document prepared by an LLLT shall include the
LLLT's name, signature, and license number beneath the signature
of the client.
H. Prohibited Acts. In the course of dealing with clients or
prospective clients, a Limited License Legal Technician shall not:
(1) Make any statement that the Limited License Legal
Technician can or will obtain special favors from or has special
influence with any court or governmental agency;
(2) Retain any fees or costs for services not performed;
(3) Refuse to return documents supplied by, prepared by, or
paid for by the client, upon the request of the client. These
documents must be returned upon request even if there is a fee
dispute between the Limited License Legal Technician and the
client;
(4) Represent or advertise, in connection with the provision of
services, other legal titles or credentials that could cause a client to
believe that the Limited License Legal Technician possesses
professional legal skills beyond those authorized by the license held
by the Limited License Legal Technician;
(5) Represent a client in court proceedings, formal
administrative adjudicative proceedings, or other formal dispute
resolution process, unless permitted by GR 24;
(6) Negotiate the client's legal rights or responsibilities, or
communicate with another person the client's position or convey to
the client the position of another party, unless permitted by GR
24(b);
(7) Provide services to a client in connection with a legal matter
in another state, unless permitted by the laws of that state to
perform such services for the client;
(8) Represent or otherwise provide legal or law related services
to a client, except as permitted by law, this rule or associated rules
and regulations;
(9) Otherwise violate the Limited License Legal Technicians'
Rules of Professional Conduct.
I. Continuing Licensing Requirements
(1) Continuing Education Requirements. Each Limited License
Legal Technician annually must complete the Board-approved
number of credit hours in courses or activities approved by the
Board, provided that the Limited License Legal Technician shall
not be required to comply with this subsection during the calendar
year in which he or she is initially licensed.
(2) Financial Responsibility. Each Limited License Legal
Technician shall annually provide proof of financial responsibility
in such form and in such amount as the Board may by regulation
prescribe.
(3) Annual Fee. Each Limited License Legal Technician shall
pay the annual license fee established by the Board and approved
by the Supreme Court.
J. Existing Law Unchanged. This rule shall in no way modify
existing law prohibiting nonlawyers from practicing law or giving
legal advice other than as authorized under this rule or associated
rules and regulations.
K. Professional Responsibility and Limited License Legal
Technician-Client Relationship
(1) Limited License Legal Technicians acting within the scope
of authority set forth in this rule shall be held to the standard of
care of a Washington lawyer.
(2) Limited License Legal Technicians shall be held to the
ethical standards of the Limited License Legal Technicians' Rules
of Professional Conduct, which shall create an LLLT IOLTA
program for the proper handling of funds coming into the
possession of the Limited License Legal Technician.
(3) The Washington law of attorney-client privilege and law of
a lawyer's fiduciary responsibility to the client shall apply to the
Limited License Legal Technician-client relationship to the same
extent as it would apply to an attorney-client relationship.
Adopted effective September 1, 2012
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