WSR 17-01-024
RULES OF COURT
STATE SUPREME COURT
[December 7, 2016]
IN THE MATTER OF PROPOSED AMENDMENTS TO GR 12.1—REGULATORY OBJECTIVES; GR 12.2—WASHINGTON STATE BAR ASSOCIATION: PURPOSES, AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES; GR 12.3 WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME COURT-CREATED BOARDS AND COMMITTEES; GR 12.4—WASHINGTON STATE BAR ASSOCIATION ACCESS TO RECORDS; GR 12.5—IMMUNITY
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ORDER
NO. 25700-A-1165
The Washington State Bar Association, having recommended the proposed amendments to GR 12.1—Regulatory Objectives; GR 12.2—Washington State Bar Association: Purposes, Authorized Activities, and Prohibited Activities; GR 12.3 Washington State Bar Association Administration of Supreme Court-Created Boards and Committees; GR 12.4—Washington State Bar Association Access to Records; GR 12.5—Immunity, and the Court having considered the amendments thereto;
Now, therefore, it is hereby
ORDERED:
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment January 2017, in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet Email by no later than April 30, 2017. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by email message must be limited to 1500 words.
DATED at Olympia, Washington this 7th day of December, 2016.
 
For the Court
 
 
 
Madsen, C.J.
 
CHIEF JUSTICE
GR 9 COVER SHEET
Suggested Amendments to
General Rules (GR)
A. Proponent
Washington State Bar Association
1325 4th Avenue, Suite 600
Seattle, WA 98101-2539
Robin L. Haynes, WSBA President
Washington State Bar Association
1325 4th Avenue, Suite 600
Seattle, WA 98101-2539
B. Spokesperson
Paula C. Littlewood
Executive Director
Washington State Bar Association
1325 4th Avenue, Suite 600
Seattle, WA 98101-2539
Douglas J. Ende
Chief Disciplinary Counsel
Washington State Bar Association
1325 4thAvenue, Suite 600
Seattle, WA 98101-2539
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.
[*] Graham v. Washington State Bar Ass'n, 86 Wn.2d 624, 548 P.2d 310 (1976).
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.
D. Hearing
The proponent does not request a public hearing.
E. Expedited Consideration
The proponent does not request expedited consideration.
F. Supporting Information
•
Resolution 105 and Report on ABA Model Regulatory Objectives for the Provision of Legal Services, adopted February 8, 2016
SUGGESTED AMENDMENTS TO
GENERAL RULE 12.1 TO 12.4
Redline Version
RULE 12. REGULATION OF THE PRACTICE OF LAW
The Washington Supreme Court has inherent and plenary authority to regulate the practice of law in Washington. The legal profession serves clients, courts, and the public, and has special responsibilities for the quality of justice administered in our legal system. The Court ensures the integrity of the legal profession and protects the public by adopting rules for the regulation of the practice of law and actively supervising persons and entities acting under the Supreme Court's authority.
RULE 12.1. REGULATORY OBJECTIVES
Legal services providers must be regulated in the public interest. In regulating the practice of law in Washington, the Washington Supreme Court's objectives include:
A. Protection of the public;
B. Advancement of the administration of justice and the rule of law;
C. Meaningful access to justice and information about the law, legal issues, and the civil and criminal justice systems;
D. Transparency regarding the nature and scope of legal services to be provided, the credentials of those who provide them, and the availability of regulatory protections;
E. Delivery of affordable and accessible legal services;
F. Efficient, competent, and ethical delivery of legal services;
G. Protection of privileged and confidential information;
H. Independence of professional judgment;
I. Accessible civil remedies for negligence and breach of other duties owed, disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs;
J. Diversity and inclusion among legal services providers and freedom from discrimination for those receiving legal services and in the justice system.
RULE 12.1 2. WASHINGTON STATE BAR ASSOCIATION: PURPOSES, AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES
The Washington State Bar Association was created in 1933 by the State Bar Act (RCW 2.48.010) as an agency of the state. In the exercise of its inherent and plenary authority to regulate the practice of law in Washington, the Supreme Court authorizes and supervises the Washington State Bar Association's activities. The Washington State Bar Association carries out the administrative responsibilities and functions expressly delegated to it by this rule and other Supreme Court rules and orders enacted or adopted to regulate the practice of law, including the purposes and authorized activities set forth below.
(a) Purposes: In General. In general, the Washington State Bar Association strives to:
(1) Promote independence of the judiciary and the bar legal profession.
(2) Promote an effective legal system, accessible to all.
(3) Provide services to its members and the public.
(4) Foster and maintain high standards of competence, professionalism, and ethics among its members.
(5) Foster collegiality among its members and goodwill between the bar legal profession and the public.
(6) Promote diversity and equality in the courts, and the legal profession, and the bar.
(7) Administer admissions, regulation, to the bar and discipline of its members in a manner that protects the public and respects the rights of the applicant or member.
(8) Administer programs of legal education.
(9) Promote understanding of and respect for our legal system and the law.
(10) Operate a well-managed and financially sound association, with a positive work environment for its employees.
(11) Serve as a state-wide statewide voice to the public and to the branches of government on matters relating to these purposes and the activities of the association and the legal profession.
(b) Specific Activities Authorized. In pursuit of these purposes, the Washington State Bar Association may:
(1) Sponsor and maintain committees, and sections, and divisions whose activities further these purposes;
(2) Support the judiciary in maintaining the integrity and fiscal stability of an independent and effective judicial system;
(3) Provide periodic reviews and recommendations concerning court rules and procedures;
(4) Administer examinations and review applicants' character and fitness to practice law;
(5) Inform and advise lawyers its members regarding their ethical obligations;
(6) Administer an effective system of discipline of its members, including receiving and investigating complaints of lawyer misconduct by legal professionals, taking and recommending appropriate punitive and remedial measures, and diverting less serious misconduct to alternatives outside the formal discipline system;
(7) Maintain a program, pursuant to court rule, requiring members to submit fee disputes to arbitration;
(8) Maintain a program for mediation of disputes between members and their clients and others;
(9) Maintain a program for lawyer legal professional practice assistance;
(10) Sponsor, conduct, and assist in producing programs and products of continuing legal education;
(11) Maintain a system for accrediting programs of continuing legal education;
(12) Conduct audits examinations of lawyers' legal professionals' trust accounts;
(13) Maintain a lawyers' fund for client protection in accordance with the Admission to and Practice Rules;
(14) Maintain a program for the aid and rehabilitation of impaired members;
(15) Disseminate information about bar the organization's activities, interests, and positions;
(16) Monitor, report on, and advise public officials about matters of interest to the bar organization and the legal profession;
(17) Maintain a legislative presence to inform members of new and proposed laws and to inform public officials about bar the organization's positions and concerns;
(18) Encourage public service by members and support programs providing legal services to those in need;
(19) Maintain and foster programs of public information and education about the law and the legal system;
(20) Provide, sponsor, and participate in services to its members;
(21) Hire and retain employees to facilitate and support its mission, purposes, and activities, including in the bar's organization's discretion, authorizing collective bargaining;
(22) Establish the amount of all license, application, investigation, and other related fees, as well as charges for services provided by the Washington State Bar Association, and collect, allocate, invest, and disburse funds so that its mission, purposes, and activities may be effectively and efficiently discharged. The amount of any license fee is subject to review by the Supreme Court for reasonableness and may be modified by order of the Court if the Court determines that it is not reasonable.;
(23) Administer Supreme Court-created boards in accordance with General Rule 12.3.
(c) Activities Not Authorized. The Washington State Bar Association will not:
(1) Take positions on issues concerning the politics or social positions of foreign nations;
(2) Take positions on political or social issues which do not relate to or affect the practice of law or the administration of justice; or
(3) Support or oppose, in an election, candidates for public office.
RULE 12.2 3. WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME COURT-CREATED BOARDS AND COMMITTEES
[Unchanged.]
RULE 12.3. IMMUNITY
All boards, committees, or other entities, and their members and personnel, and all personnel and employees of the Washington State Bar Association, acting on behalf of the Supreme Court under the Admission to Practice Rules, the rules for Enforcement of Lawyer Conduct, and the Disciplinary Rules for Limited Practice Officers, shall enjoy quasi-judicial immunity if the Supreme Court would have immunity in performing the same functions.
RULE 12.4. WASHINGTON STATE BAR ASSOCIATION ACCESS TO RECORDS
(a) [Unchanged.]
(b) Scope. This rule governs the right of public access to Bar records. This rule applies to the Washington State Bar Association and its subgroups operated by the Bar including the Board of Governors, committees, task forces, commissions, boards, offices, councils, divisions, sections, and departments. This rule also applies to boards and committees under GR 12.2 3 administered by the Bar. A person or entity entrusted by the Bar with the storage and maintenance of Bar records is not subject to this rule and may not respond to a request for access to Bar records, absent express written authority from the Bar or separate authority in rule or statute to grant access to the documents.
(c) [Unchanged.]
(d) [Unchanged.]
(e) [Unchanged.]
(f) [Unchanged.]
(g) [Unchanged.]
(h) [Unchanged.]
(i) [Unchanged.]
(j) [Unchanged.]
RULE 12.5. IMMUNITY
All boards, committees, or other entities, and their members and personnel, and all personnel and employees of the Washington State Bar Association, acting on behalf of the Supreme Court under the Admission and Practice Rules, the Rules for Enforcement of Lawyer Conduct, or the disciplinary rules for limited practice officers and limited license legal technicians, shall enjoy quasi-judicial immunity if the Supreme Court would have immunity in performing the same functions.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.