GR - 12.1, 12.2, 12.3, 12.4, 12.5.

• Proposed Changes to GR - 12.1, 12.2, 12.3, 12.4, 12.5. (in Word Format)
• No comments are available at this time.

Suggested Amendments to

General Rules (GR)

A. Proponent

Robin L. Haynes, WSBA President

B. Spokesperson

Paula C. Littlewood

Executive Director

Douglas J. Ende

Chief Disciplinary Counsel

C. Purpose

General Rule (GR) 12 was first adopted by the Washington Supreme Court in 1987 at the suggestion of the Washington State Bar Association. In requesting the court rule, then-WSBA President William H. Gates wrote in his May 1987 cover letter to the Court that, among other things, the need for the rule was to set forth the purposes of the State Bar Association in a court rule. In his letter, Mr. Gates further outlined that the WSBA Board of Governors believed “this is a proper subject for the Court’s consideration and action in light of the Court’s control of the profession and the Association as set forth in the Graham^[*] case and other decisions.” The letter also relays that “The Association is clearly an instrumentality of the Supreme Court and it is wholly appropriate for the parent to, by rule, set the purposes of its instrumentality.” In the accompanying GR 9 cover sheet, it was noted that GR 12 would set forth “the basic activities which the State Bar Association now engages in and has engaged in, with full authority, for many years.” The Court adopted GR 12 later that year.

GR 12 serves as the guiding instrument in establishing WSBA’s purposes and authorized activities. Since 1987, GR 12 has been amended from time to time at the recommendation of the WSBA Board of Governors.

The suggested amendments to GR 12 submitted here are threefold. First, the amendments include a clear and comprehensive statement of the Supreme Court’s authority to regulate the practice of law, recognizing that the Court’s authority is broader in scope than its delegation of authority to the Washington State Bar and its licensure of lawyers. Second, the amendments conform the language of GR 12 with amendments to the WSBA Bylaws adopted by the Board of Governors on September 30, 2016. These bylaw amendments implement a number of WSBA Governance Task Force recommendations as approved in the BOG Response to the Governance Task Force Report. Third, the amendments incorporate the American Bar Association’s (ABA) Model Regulatory Objectives into Washington’s court rules. At its September 2016 meeting, the Washington State Bar Association Board of Governors reviewed and approved these suggested amendments for submission to the Supreme Court.

What follows is a summary of each of the suggested amendments:

● GR 12: This is a new introductory section intended to describe the Washington Supreme Court’s existing authority to regulate the practice of law and the means by which it does so. The substance derives from principles stated in numerous decisions of the Supreme Court and existing court rules. Some of the language is modeled on the Preamble to Chapters 18 to 20 of the Colorado Supreme Court’s Rules Governing the Practice of Law.

● GR 12.1: This is a new section adding to Washington’s court rules the ABA Model Regulatory Objectives for the Provision of Legal Services. See Supporting Information. The Model Regulatory Objectives were discussed with the BOG and the Court this past year and it was determined that GR 12 was the best vehicle for codifying them in Washington. Existing GR 12.1 is renumbered as GR 12.2 (see below). The ABA House of Delegates adopted the Model Regulatory Objectives in February 2016 “to guide supreme courts and bar authorities when they assess their existing regulatory framework and any other regulations they may choose to develop concerning non-traditional legal service providers.” The suggested language and organizational structure are identical to the ABA model version. Some of the language in the introductory paragraph to suggested GR 12.1 is modeled on the Preamble to the regulatory objectives adopted by the Colorado Supreme Court in April 2016.

● GR 12.2: Current GR 12.1 is renumbered as GR 12.2. A new introduction/preamble serves to define the source of WSBA’s governmental authority and the WSBA’s relationship to the Washington Supreme Court, and to describe the delegation of authority from the Supreme Court to the WSBA. The substance is declarative of the existing delegation of authority and derives from principles stated in numerous decisions of the Supreme Court and existing court rules. These amendments do not authorize any new activities or purposes for the Washington State Bar Association. In addition, miscellaneous technical and clerical corrections have been made to update the rule and ensure conformity between GR 12 and the WSBA Bylaws.

● GR 12.3: Current GR 12.2 is renumbered as GR 12.3. Current GR 12.3 is renumbered as GR 12.5 (see below). The section is otherwise unchanged.

● GR 12.4: This section is unchanged except for revising the cross-reference to current GR 12.2.

● GR 12.5: Current GR 12.3 (Immunity) is renumbered as GR 12.5. This section is amended to update a reference to the Admission and Practice Rules and to include specific references to the disciplinary rules for the two limited licenses to practice law administered by the Washington State Bar Association.

^[*] Graham v. Washington State Bar Ass'n, 86 Wn.2d 624, 548 P.2d 310 (1976).