GR 9 Cover Sheet

Suggested Amendments

RULES FOR THE ENFORCEMENT OF LIMITED PRACTICE OFFICER CONDUCT (ELPOC)

Rule 15.5 & Disciplinary Regulations Applicable to ELPOC Title 15.

A.         Name of Proponent:          

Washington State Bar Association

Robin L. Haynes, President

B.         Spokesperson: 

Paula C. Littlewood, Executive Director

Jean K. McElroy, General Counsel/Chief Regulatory Counsel

C.         Purpose: 

The primary purpose of the suggested amendments to ELPOC Title 15 is to align the administrative procedures of trust account regulation for limited practice officers with the procedures for lawyer trust account regulation as part of the regulatory coordination project that the WSBA is currently undertaking. 

            All three license types (lawyers, LLLTs and LPOs) are required to provide trust account information.  The processes WSBA uses to collect this information can be standardized across the three license types in order to achieve greater efficiency.    The suggested amendments to this rule remove an audit for cause provision when an LPO fails to provide the annual trust account information and instead provide for suspension from practice for an LPO who does not comply with the trust account reporting requirements. The suggested changes are consistent with the lawyer and LLLT trust account rules.

The repeal of the LPO trust account regulations would remove requirements for LPO trust account reporting that are unduly burdensome and inconsistent with the requirements for other license types.  In addition, they eliminate detailed auditing procedures that (1) are outdated, (2) have never been used in practice and (3) are based on lawyer trust account regulations that have since been repealed. Trust account auditing procedures will be addressed and consistent procedures adopted as part of the ongoing coordinated discipline project by the WSBA.