WSR 05-13-013

RULES OF COURT

STATE SUPREME COURT


[ June 2, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO ELC 3.4 AND LAW BOARD REGULATIONS 3R )

)

)

 ORDER

NO. 25700-A-813

     The Washington State Bar Association having recommended the adoption of the proposed amendments to ELC 3.4 and the Law Board Regulation 3R 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 amendments as attached hereto are adopted.

     (b) That the amendments will be published in the Washington Reports and become effective September 1, 2005.

     DATED at Olympia, Washington this 2nd day of June 2005.
     Alexander, C.J.
     C. Johnson, J.

      Chambers, J.
     Madsen, J.

      Owens, J.
     Sanders, J.

      Fairhurst, J.
     Bridge, J.

      J. M. Johnson, J.

SUGGESTED AMENDMENT

RULES FOR ENFORCEMENT OF LAWYER CONDUCT (ELC)

ELC 3.4 RELEASE OR DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION



     (a) Disclosure of Information. [No change].

     (b) Investigative Disclosure. [No change].

     (c) Release Based upon Lawyer's Waiver. [No change].

     (d) Response to Inquiry or False or Misleading Statement. [No change].

     (e) Discretionary Release. [No change].

     (f) Statement of Concern. [No change].

     (g) Release to Judicial Officers. [No change].

     (h) Cooperation with Criminal and Disciplinary Authorities. [No change].

     (i) Release to Lawyers' Fund for Client Protection. [No change].

     (j) Conflicts Review Officer. [No change].

     (k) Board of Governors Access. [No change].

     (l) Release to Practice of Law Board. Information obtained in an investigation relating to possible unauthorized practice of law may be released to the Practice of Law Board. Such information shall remain under the control of the Office of Disciplinary Counsel and the Practice of Law Board must treat it as confidential unless this title or the Executive Director authorizes release.



PRACTICE OF LAW BOARD REGULATIONS

REGULATION 3. ESTABLISHMENT OF THE BOARD


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R. Open Meeting and Records. All records, files, meetings and proceedings of the POL Board and its designated committees shall be open and public, except that the POL Board may meet in executive session and records and files may be made confidential where the preservation of confidentiality is desirable or where public disclosure might result in the violation of individual rights or in unwarranted private or personal harm. All discussions of particular complaints and investigations will be held in Executive Session. Nothing in these regulations shall be construed to deny access to relevant information by professional licensing or discipline agencies, or other law enforcement authorities, as the Board shall authorize.

     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.

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