WSR 17-15-012
RULES OF COURT
STATE SUPREME COURT
[July 5, 2017]
IN THE MATTER OF THE ADOPTION OF THE PROPOSED AMENDMENT TO APR 5—RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE; PAYMENT OF MEMBERSHIP FEE; OATH OF ATTORNEY; RESIDENT AGENT
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ORDER
NO. 25700-A-1199
The Washington State Bar Association, having recommended the adoption of the proposed amendment to APR 5—Recommendation for Admission; Order Admitting to Practice; Payment of Membership Fee; Oath of Attorney; Resident Agent, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as shown below is adopted.
(b) That the amendment will be published in the Washington Reports and will become effective September 1, 2017.
DATED at Olympia, Washington this 5th day of July, 2017.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
Madsen, J.
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
 
SUGGESTED AMENDMENTS TO APR 5 (Redline)
TITLE
ADMISSION AND PRACTICE RULES (APR)
RULE 5. RECOMMENDATION FOR PRE-ADMISSION REQUIREMENTS; OATH; RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE LAW; PAYMENT OF MEMBERSHIP FEE; OATH OF ATTORNEY; RESIDENT AGENT
(a) Recommendation for Admission. The Board of Governors shall recommend to the Supreme Court the admission or rejection of each applicant who has passed the bar examination or been approved for admission by motion, and, who has complied with the preadmission requirements set forth in this rule. A recommendation for admission shall be based upon the Board of Governors determination, after investigation, that the applicant appears to be of good moral character and in all respects qualified to engage in the practice of law. All recommendations of the Board of Governors shall be accompanied by the applicant's application for admission and any other documents deemed pertinent by the Board of Governors or requested by the Supreme Court. The recommendation and all accompanying documents and papers shall be kept by the Clerk of the Supreme Court in a separate file which shall not be a public record.
(b) Preadmission Requirements. Before an applicant who has passed the bar an examination for admission, or who qualifies for admission without passing the bar an examination, may be admitted, the applicant must:
(1) pay to the Bar the annual license fee and any mandatory assessments ordered by the Supreme Court for the current year;
(2) file any and all licensing forms required of active lawyers, LLLTs or LPOs;
(3) take the Oath of Attorney for the Practice of Law, the Oath for Limited Practice Officers, or the Oath of Limited License Legal Technician; and
(4) designate a resident agent if required to do so by APR 13.
(b) Lawyer applicants. In addition to the requirements in section (a) above, lawyer applicants must:
(1) take and pass the Washington Law Component (WLC). The duration, form and manner of the WLC shall be as prescribed by the Bar. The WLC minimum pass score is 80 percent; and
(2) complete a minimum of 4 hours of education in a curriculum and under circumstances approved by the Bar Board of Governors;
(3) pay to the Bar Association the annual license fee and any assessments for the current year;
(4) file any and all licensing forms required of active members;
(5) take the Oath of Attorney; and
(6) designate a resident agent if required to do so by section (f).
(c) LLLT Applicants. In addition to the requirements in section (a) above, LLLT applicants must:
(1) demonstrate financial responsibility pursuant to APR 28I; and
(2) demonstrate completion of 3,000 hours of substantive law-related work experience pursuant to APR 28 Regulation 9.
(d) LPO Applicants. In addition to the requirements in section (a) above, LPO applicants must demonstrate financial responsibility pursuant to APR 12(f).
(e) Expiration of Preadmission Requirements. The preadmission requirements must be completed within:
(1) 40 months from the date of the administration of the examination for lawyer applicants;
(2) 40 months from the date of the administration of the examination for LLLT applicants;
(3) 12 months from the date of the administration of the examination for LPO applicants;
(4) 12 months from the date of filing the application, for lawyer applicants who apply by motion or UBE score transfer, except for good cause shown.
For applicants who take and pass the bar examination, the preadmission requirements must be completed within 40 months from the date of the administration of the bar examination in which the score was earned. For applicants who apply by motion, the preadmission requirements must be completed within one year from the date of filing the application, except for good cause shown.
(fc) Oath of Attorney. The Oath of Attorney must be taken before an elected or appointed judge, excluding judges pro tempore, sitting in open court in the state of Washington. In the event a successful applicant is outside the state of Washington and the Chief Justice is satisfied that it is impossible or impractical for the applicant to take the oath before an elected or appointed judge in this state, the Chief Justice may, upon proper application setting forth all the circumstances, designate a person authorized by law to administer oaths, before whom the applicant may appear and take said oath.
(gd) Contents of Oath of Attorney. The oath which all applicants shall take is as follows:
OATH OF ATTORNEY
State of Washington, County of __________ ss.
I, __________, do solemnly declare:
1. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same.
2. I will support the constitution of the State of Washington and the constitution of the United States.
3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts of justice and judicial officers.
5. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.
6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court.
7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.
__________
(signature)
SUBSCRIBED AND SWORN TO before me this ___ day of __________, 20 ___.
__________
Judge
(h) Oath for Limited Practice Officers – Contents of Oath.
OATH FOR LIMITED PRACTICE OFFICERS
STATE OF WASHINGTON
COUNTY OF
I, _____________________________, do solemnly declare:
1. I am fully subject to the laws of the State of Washington and Rule 12 of the Admission and Practice Rules and APR 12 Regulations adopted by the Washington State Supreme Court and will abide by the same.
2. I will support the constitutions of the state of Washington and of the United States of America.
3. I will abide by the Limited Practice Officer Rules of Professional Conduct and Rules for Enforcement of LPO Conduct approved by the Supreme Court of the State of Washington.
4. I will confine my activities as a Limited Practice Officer to those activities allowed by law, rule and regulation and will only utilize documents approved pursuant to APR 12.
5. I will faithfully disclose the limitations of my services, that I am not able to act as the advocate or representative of any party, that documents prepared will affect legal rights of the parties, that the parties' interests in the documents may differ, that the parties have a right to be represented by a lawyer of their own selection, and that I cannot give legal advice regarding the manner in which the documents affect the parties.
I understand that I may incur personal liability if I violate the applicable standard of care of a Limited Practice Officer. Also, I understand that I only have authority to act as a Limited Practice Officer during the times that my financial responsibility coverage is in effect. If I am covered under my employer's errors and omissions insurance policy or by my employer's certificate of financial responsibility, my coverage is limited to services performed in the course of my employment.
_____________________________________________
Signature Limited Practice Officer
Subscribed and sworn to before me this ______ day of _______________, ______.
_____________________________________________
JUDGE
(i) Oath of Limited License Legal Technician. The Oath of Limited License Legal Technician shall be taken before an elected or appointed judge, excluding judges pro tempore, sitting in open court in the State of Washington.
(j) Contents of Oath of Limited License Legal Technician. The oath which all applicants shall take is as follows:
OATH OF LIMITED LICENSE LEGAL TECHNICIAN
STATE OF WASHINGTON
COUNTY OF
I,                , do solemnly declare:
1. I am fully subject to the laws of the State of Washington, the laws of the United States, Rule 28 of the Admission to Practice Rules, and APR 28 Regulations adopted by the Washington State Supreme Court and will abide by the same;
2. I will support the constitutions of the State of Washington and of the United States of America;
3. I will abide by the Limited License Legal Technician Rules of Professional Conduct approved by the Supreme Court of the State of Washington;
4. I will confine my activities as a Limited License Legal Technician to those activities allowed by law, rule and regulation and will only utilize documents approved pursuant to APR 28;
5. I will faithfully disclose the limitations of my services and that I am not a lawyer;
6. I will maintain the confidence and preserve inviolate the secrets of my client and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court;
7. I will abstain from all offensive personalities and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged;
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.
_____________________________________________
Signature Limited License Legal Technician
Subscribed and sworn to before me this    day of           ,     .
_____________________________________________
JUDGE
(kh) Recommendation for Admission. The Bar shall recommend to the Supreme Court the admission or rejection of each applicant who has passed an examination for admission or who qualifies for and has been approved for admission without passing an examination, and who has complied with the preadmission requirements set forth in this rule. A recommendation for admission shall be based upon the Bar's determination, after investigation, that the applicant has met all the requirements for admission and appears to be of good moral character and fit to engage in the practice of law. All recommendations of the Bar shall be accompanied by the applicant's application for admission and any other documents deemed pertinent by the Bar or requested by the Supreme Court. The recommendation and all accompanying documents shall be kept by the Clerk of the Supreme Court in a record which shall not be a public record.
(lie) Order Admitting to Practice. After examining the recommendation and accompanying documentation papers transmitted by the Bar Board of Governors, the Supreme Court may enter such order in each case as it deems advisable. For those applicants it deems qualified, the Supreme Court shall enter an order admitting them to the practice of law.
(mjf) Nonresident Lawyers, LLLTs or LPOs; Resident Agent. There shall be no requirement that an applicant, lawyer, LLLT or LPO or a member of the Bar Association be a resident in the state of Washington. Every member, except a judicial member, of the Bar Association who does not live or maintain an office in the state of Washington shall file with the Bar Association the name and address of an agent within this state for the purpose of receiving service of process or of any other document required or permitted by statute or court rule to be served or delivered to a resident lawyer. Service or delivery to such agent shall be deemed service upon or delivery to the lawyer.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.