Proposed Rules Archives

• Proposed Changes to RPC 7.3 - Solicitation of Clients (in Word Format)
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Suggested Amendments to

RULES 1.6 and 7.3 of the Rules of Professional Conduct (RPC)

A. Proponent

Washington State Bar Association

B. Spokespersons

Mark Fucile, Chair, WSBA Committee on Professional Ethics

Fucile & Reising LLP

Jeanne Marie Clavere

Professional Responsibility Counsel
Washington State Bar Association

C. Purpose

The suggested amendments are technical corrections to the Rules of Professional Conduct following the Court’s adoption of changes to the RPC on June 2, 2016, in response to the ABA Ethics 20/20 amendments to the ABA Model Rules.

1. RPC 1.6(b)(6) and (7). The word “or” at the end of RPC 1.6(b)(6) should be deleted and added to the end of RPC 1.6(b)(7). Because the number of subparts in RPC 1.6(b) increased from seven to eight, the suggested change would reflect the correct placement of the connecting word “or” in the series.

2. RPC 7.3(b). The words “from a client” should be deleted from RPC 7.3(b) to remedy an inadvertent drafting error in the material submitted to the Court. As currently written, RPC 7.3(b) applies to solicitations addressed only to current clients, whereas the intention of the rule is to current clients or anyone else. Removing the words “from a client” would eliminate any possible confusion and misinterpretation. It would also make RPC 7.3(b) identical to Model Rule 7.3(b).