GR 9 COVER SHEET   

Suggested Amendments

ADMISSION AND PRACTICE RULES (APR)

Rules 5, 13, and 17

RULES FOR ENFORCEMENT OF LAWYER CONDUCT (ELC)

Rule 4.1

Submitted by the Washington State Bar Association

A.           Name of Proponent:

Washington State Bar Association

B.        Spokesperson:

Sunitha Anjilvel, Acting WSBA President Terra Nevitt, WSBA Executive Director

WSBA Staff Contact:

Renata Garcia, Chief Regulatory Counsel Washington State Bar Association

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539

renatag@wsba.org • 206-733-5912

C.           Purpose:

The primary purpose of the suggested amendments to rules 5, 13, and 17 of the Admission and Practice Rules (APR) and rule 4.1 of the Rules for Enforcement of Lawyer Conduct is to remove the resident agent required of many Washington licensed legal professionals.

APR 5(a) and 13(f) require new members and most current members of the WSBA to designate a resident agent for the purpose of receiving service of process if their address of record is not a physical street address in Washington state. The origins of the resident agent requirement can be traced back to early laws requiring lawyers to be residents of Washington state. The residency requirement evolved to a resident agent requirement. The need for a resident agent for service of process is antiquated and unnecessary. Procedural rules provide for alternative methods of service when a person cannot be found. The resident agent requirement is also an undue burden on members residing out of state who must impose this responsibility upon friends or family in Washington or hire a service of process corporation. Accordingly, the suggested amendments remove the resident agent requirement for Washington licensed legal professionals, remove failing to designate a resident agent as grounds for suspension, and remove the resident agent as an option for personal service in disciplinary proceedings.

In addition, the suggested amendments, specifically to APR 17(b), would create a new subsection making the act of WSBA recommending suspension of WSBA members for failing to timely notify the WSBA of a change in contact information a discretionary act instead of a mandatory act as currently required under the rule. The WSBA often does not know when a member has failed to timely update their contact information until someone complains about it. The WSBA prefers to take steps to remedy the situation rather than conduct suspension proceedings.

At its May 2, 2024 meeting, the WSBA Board of Governors voted unanimously to recommend these suggested amendments to the Washington Supreme Court. A detailed memo describing the background, impact on members, and reasons for removal of the resident agent requirement is attached as supporting material.

D.           Hearing: A hearing is not requested.

E.           Expedited Consideration: Expedited consideration is requested. Because the resident agent requirement is antiquated, unnecessary, and unduly burdensome, the WSBA seeks expedited consideration. Ideally, the resident agent requirement would be removed by November 1, 2024, so as not to continue to be included in the 2025 license renewal season.

F.            Supporting Material:

1.    Memo to WSBA Board of Governors dated February 13, 2024 re Suggested Amendments to Remove Resident Agent Requirement