Washington State Courts: Washington State Court Rules

Washington State Court Rules: Rules for Enforcement of Lawyer Conduct


Title 1 – Scope, Jurisdiction, and Definitions
1.1 Scope of Rules
1.2 Disciplinary Authority
1.3 Definitions
1.4 No Statute of Limitation
1.5 Violation of Duties Imposed by These Rules

Title 2 – Organization and Structure
2.1 Supreme Court
2.2 Board of Governors; Disciplinary Selection Panel
2.3 Disciplinary Board
2.4 Review Committees
2.5 Hearing Officers
2.6 Hearing Officer Conduct
2.7 Conflicts Review Officer
2.8 Disciplinary Counsel; Special Disciplinary Counsel
2.9 Adjunct Investigative Counsel
2.10 Removal of Appointees
2.11 Compensation and Expenses
2.12 Communications to the Association Privileged
2.13 Respondent Lawyer
2.14 Restrictions on Representing or Advising Respondents or Grievants

Title 3 – Access and Notice
3.1 Open Meetings and Public Disciplinary Information
3.2 Confidential Disciplinary Information
3.3 Application to Stipulations, Disability Proceedings, Custodianships, and Diversion Contracts
3.4 Release or Disclosure of Otherwise Confidential Information
3.5 Notice of Disciplinary Action, Interim Suspension, or Transfer to Disability Inactive Status
3.6 Maintenance of Records

Title 4 – General Procedural Rules
4.1 Service of Papers
4.2 Filing; Orders
4.3 Papers
4.4 Computation of Time
4.5 Stipulation to Extension or Reduction of Time
4.6 Subpoena Under the Law of Another Jurisdiction
4.7 Enforcement of Subpoenas
4.8 Declarations in Lieu of Affidavits
4.9 Service and Filing by an Incarcerated Person
4.10 Redaction or Omission of Confidential Identifiers

Title 5 – Grievance Investigations and Disposition
5.1 Grievants
5.2 Confidential Sources
5.3 Investigation of Grievance
5.4 Privileges
5.5 Investigatory Subpoenas
5.6 Review of Objections to Inquiries and Motions to Disclose
5.7 Disposition of Grievance
5.8 Advisory Letter

Title 6 – Diversion
6.1 Referral to Diversion
6.2 Less Serious Misconduct
6.3 Factors for Diversion
6.4 Notice to Grievant
6.5 Diversion Contract
6.6 Affidavit Supporting Diversion
6.7 Effect of Non-Participation in Diversion
6.8 Status of Grievance
6.9 Termination of Diversion

Title 7 – Interim Procedures
7.1 Interim Suspension for Conviction of A Crime
7.2 Interim Suspension in Other Circumstances
7.3 Automatic Suspension When Respondent Asserting Incapacity
7.4 Stipulation to Interim Suspension
7.5 Interim Suspensions Expedited
7.6 Effective Date of Interim Suspensions
7.7 Appointment of Custodian to Protect Clients' Interests

Title 8 – Disability Proceedings
8.1 Action on Adjudication of Incompetency or Incapacity
8.2 Determination of Incapacity to Practice Law
8.3 Disability Proceedings During the Course of Disciplinary Proceedings
8.4 Appeal of Disability Determinations
8.5 Stipulated Transfer to Disability Inactive Status
8.6 Costs in Disability Proceedings
8.7 Burden and Standard of Proof
8.8 Reinstatement to Active Status
8.9 Petition for Limited Guardianship
8.10 Appointment of Counsel for Respondent

Title 9 – Resolutions Without Hearing
9.1 Stipulations
9.2 Reciprocal Discipline and Disability Inactive Status; Duty to Self-Report
9.3 Resignation in Lieu of Discipline
9.4 Reciprocal Resignation in Lieu of Discipline

Title 10 – Hearing Procedures
10.1 General Procedure
10.2 Hearing Officer Assignment
10.3 Commencement of Proceedings
10.4 Notice to Answer
10.5 Answer
10.6 Default Proceedings
10.7 Amendment of Formal Complaint
10.8 Motions
10.9 Interim Review
10.10 Prehearing Dispositive Motions
10.11 Discovery and Prehearing Procedures
10.12 Scheduling Hearing
10.13 Disciplinary Hearing
10.14 Evidence and Burden of Proof
10.15 Bifurcated Hearings
10.16 Decision of Hearing Officer

Title 11 – Review by Board
11.1 Scope of Title
11.2 Decisions Subject to Board Review
11.3 Sua Sponte Review
11.4 Transcript of Hearing
11.5 Record on Review
11.6 Designation of Bar File Documents and Exhibits
11.7 Preparation of Bar File Documents and Exhibits
11.8 Deleted
11.9 Briefs
11.10 Supplementing Record on Review
11.11 Request for Additional Proceedings
11.12 Decision of Board
11.13 Chair May Modify Requirements
11.14 Motions

Title 12 – Review by Supreme Court
12.1 Applicability of Rules of Appellate Procedure
12.2 Methods of Seeking Review
12.3 Appeal
12.4 Discretionary Review
12.5 Record to Supreme Court
12.6 Briefs
12.7 Argument
12.8 Motion for Reconsideration
12.9 Violation of Rules

Title 13 – Sanctions and Remedies
13.1 Sanctions and Remedies
13.2 Effective Date of Suspensions and Disbarments
13.3 Suspension
13.4 Reprimand
13.5 Admonition
13.6 Discipline for Cumulative Admonitions
13.7 Restitution
13.8 Probation
13.9 Costs and Expenses

Title 14 – Duties on Suspension or Disbarment
14.1 Notice to Clients and Others; Providing Client Property
14.2 Lawyer to Discontinue Practice
14.3 Affidavit of Compliance
14.4 Lawyer to Keep Records of Compliance

Title 15 – Trust Account Examinations, Overdraft Notification, and IOLTA
15.1 Random Examination of Books and Records
15.2 Cooperation of Lawyer and Law Firm
15.3 Confidentiality
15.4 Trust Account Overdraft Notification
15.5 Declaration
15.6 Reserved
15.7 Trust Accounts and the Legal Foundation of Washington

Title 16 – Effect of These Rules On Pending Proceedings
16.1 Effect on Pending Proceedings

 

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