IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO APR 19(d)

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ORDER NO. 25700-A-766

     The Washington State Bar Association having recommended the adoption of the proposed amendment to APR 19(d), and the Court having determined that the proposed amendment 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 amendment as attached hereto is adopted.

     (b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.

     DATED at Olympia, Washington this 12th day of March 2003.

	Alexander, C.J.
Johnson, J.	Ireland, J.
Madsen, J.	Chambers, J.
Bridge, J.	Owens, J.
Sanders, J.	Mary E. Fairhurst

     (a) Purpose. [No change.]

     (b) Lawyers' Assistance Program (LAP). [No change.]

     (c) Fee Arbitration Program. [Reserved.] [No change.]

     (d) Law Office Management Assistance Program.

     (1) Authorization. The Washington State Bar Association is authorized to create a program to help improve the quality of legal services by assisting lawyers to manage better their offices and improve the professional delivery of legal services.

     (2) Confidentiality. Information obtained by staff or agents of the Law Office Management Assistance Program shall be confidential unless:

     (i) the assisted lawyer consents to disclosure;

     (ii) disclosure, based upon reasonable belief, is necessary to prevent the assisted lawyer from committing a crime; or

     (iii) pursuant to court order.

     (3) Exoneration From Liability.

     (i) Bar Association and its Agents. No cause of action shall accrue in favor of any person, arising from any action or proceeding pursuant to these rules, against the Bar Association, or its officers or agents (including but not limited to its staff, members of the Board of Governors, or any individual acting under authority of these rules) provided only that the Bar Association or individual shall have acted in good faith. The burden of proving bad faith in this context shall be upon the person asserting it. The Bar Association shall provide defense to any action brought against an officer or agent of the Bar Association for actions taken in good faith under these rules and shall bear the costs of that defense and shall indemnify the officer or agent against any judgement taken therein.

     (ii) Other persons. Communications to the Bar Association, Board of Governors, staff, or any other individual acting under the authority of these rules are subject to the provisions of APR 19 (d)(2) supra and the Rules of Professional Conduct.

     (e) Ethics Program. [Reserved.] [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.

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