Proposed Rules Archives

• Proposed Changes to ELC 13.9 - Costs and Expenses (in Word Format)
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GR 9 COVER SHEET
Suggested Amendment to
RULES FOR ENFORCEMENT OF LAWYER CONDUCT (ELC)
ELC 13.9 COSTS AND EXPENSES

Submitted by the Board of Governors of the Washington State Bar Association

Purpose: Rule 13.9 of the Rules for Enforcement of Lawyer Conduct (ELC) provides for the assessment of the costs and expenses of the Washington State Bar Association (Association) against any lawyer who is sanctioned or admonished. ELC 13.9 defines “expenses” as a reasonable charge for attorney fees and administrative costs equal to the actual expenses incurred by the Association, but in any case not less than a minimum amount based on the level at which discipline is imposed. These minimum amounts were last adjusted in 2002 with the adoption of the ELC. This proposal is intended as a periodic update of those minimum figures. This proposal raises the minimum expense figures as follows:

• For an admonition, from $750 to $1,000;

• For a matter that becomes final without review by the Disciplinary Board, from $1,500 to $2,000;

• For a matter that becomes final following review by the Disciplinary Board, from a total of $2,000 to a total of $3,000;

• For a matter appealed to the Supreme Court or in which the Court accepts discretionary review but not requiring briefing, from a total of $2,500 to a total of $4,000;

• For a matter appealed to the Supreme Court or in which the Court accepts discretionary review in which briefing is required, from a total of $3,000 to a total of $5,000.