WSR 04-07-037

RULES OF COURT

STATE SUPREME COURT


[ March 8, 2004 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11, REGULATIONS 103 AND 104 )

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ORDER

NO. 25700-A-787


The Washington State Bar Association having recommended the adoption of the proposed amendments to Regulations 103 and 104 to APR 11, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments to Regulations 103 and 104 of APR 11, will be published in the Washington Register, Washington State Bar Association and Administrative Office of the Court's websites and, in addition to the above, the amendments will also be published in the Washington Reports and will become effective immediately.

DATED at Olympia, Washington this 8th day of March, 2004.
Alexander, C. J.


Johnson, J.


Bridge, J.


Madsen, J.


Chambers, J.



Owens, J.


Ireland, J.


Fairhurst, J.




PROPOSED AMENDMENTS

REGULATIONS OF THE WASHINGTON STATE BOARD OF

CONTINUING LEGAL EDUCATION


Regulation 103. Credits: Computation

(a) [No change].

(b) [No change].

(c) Meals and Banquets. [No change].

(d) Teaching or participating. [No change].

(e) Law School Courses. [No change].

(f) [No change].

(g) Pro Bono Legal Services. [No change].

(h) Law Competitions. Credit may be earned for preparing Law School students for and judging law competitions, mock trials and moot court arguments. Ethics and professionalism credit hours are not available for participation in this type of CLE activity. CLE credit hours are not available for grading written briefs or other written papers in connection with this type of CLE activity. No additional credit may be earned for preparation time. The sponsor of the CLE activity is responsible for issuing appropriate certification documenting the name of the attorney, name, date and location of the course or program and the number of CLE credit hours earned.

(1) Law School Competitions: One (1) credit hour may be earned for each sixty (60) minutes of participation in an ABA accredited law school competition provided that the law school training activity is structured to require that the "judge" provide specific performance review feedback to each student participant. The performance review must conform to a predetermined "feedback process" to be established and agreed upon by the Law School and the participating attorney through a prior-to-the-activity communication (e.g. watching a videotape, reviewing a written outline for points to be covered by the "judge", etc.). The educational elements must be structured into the competition and must be consistent with Regulation 104.

(2) A maximum of six (6) CLE credit hours may be earned for participation in this type of CLE activity during any one reporting cycle.


Regulation 104. Standards for Approval

(a) Basis for approval of courses. [No change].

(b) Basis for approval of activities. [No change].

(c) Examples of courses or activities that may qualify for credit. [No change].

(d) The following activities will not qualify for credit:

(1) Teaching a legal subject to non-lawyers in an activity or course that would not qualify those attending for CLE credit.

(2) Programs that are primarily designed to teach attorneys how to improve market share, attract clients or increase profits will not be approved, nor will programs primarily designed to be a sales vehicle for a service or product. While a company which provides services or products to the legal community may wish to participate in or sponsor law office management seminars, those courses will be approved for credit only if there is no discussion or literature promoting that company, other than the biographical material about the speakers, or there is equal treatment in discussion and written materials of alternate vendors of the particular product or service, and the written material does not include prepared promotional literature.

(3) Writing for or on behalf of a client, or for the regular practice of law.

(4) As a reward for meritorious legal work, such as pro bono work, except as provided in Reg. 103(g).

(5) Jury duty.

(6) Programs to enhance a person's ability to present or prepare a continuing education program will not be approved.

(7) Judging or participating in law school competitions.

(e) Private law firm education. [No change].

(f) Governmental Agencies. [No change].

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office