WSR 07-01-027

STATE SUPREME COURT


[ Filed December 8, 2006, 2:11 p.m. ]

In the matter of the adoption of the amendments to APR 8(f), APR 8(a) and APR 14(e) )

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ORDER

NO. 25700-A-865

The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 8(f), APR 8(a) and APR 14(e), 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 (j)(1), the amendments will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 7th day of December, 2006.
Alexander, C. J.


C. Johnson, J.


Chambers, J.


Madsen, J.


Owens, J.


Sanders, J.


Fairhurst, J.


Bridge, J.


J. M. Johnson, J.



APR 8

Special Admissions



(a) In General. [Unchanged.]

(b) Exception for Particular Action or Proceeding. [Unchanged.]

(c) Exception for Indigent Representation. [Unchanged.]

(d) Exception for Educational Purposes. [Unchanged.]

(e) Exception for Emeritus Membership. [Unchanged.]

(f) Exception for Foreign House Counsel. A lawyer admitted to the practice of law in a jurisdiction other than a United States jurisdiction may apply to the Board of Governors for a limited license to practice law as in-house counsel in this state when the lawyer is employed in Washington as a lawyer exclusively for a profit or not for profit corporation, including its subsidiaries and affiliates, association, or other business entity, that is not a government entity, and whose lawful business consists of activities other than the practice of law or the provision of legal services. The lawyer shall apply by (i) filing an application in the form and manner that may be prescribed by the Board of Governors, (ii) presenting satisfactory proof or (I) admission by examination to the practice of law and current good standing in a jurisdiction other than a United States jurisdiction and (II) good moral character, (iii) filing an affidavit from an officer, director, or general counsel of the applicant's employer in this state attesting to the fact the applicant is employed as a lawyer for the employer, including its subsidiaries and affiliates, and the nature of the employment conforms to the requirements of this rule, (iv) paying the application fees required of foreign lawyer applicants for admission under APR 3, and (v) furnishing whatever additional information or proof that may be required in the course of investigation the applicant.

(1) Upon approval of the application by the Board of Governors, the lawyer shall take the Oath of Attorney, pay the current year's annual membership fee and the Board of Governors shall transmit its recommendation to the Supreme Court which may enter an order admitting the lawyer to the limited practice of law under this section.

(2) Subject to the exceptions contained in the following sentence pertaining to pro bono client representation, t The practice of a lawyer admitted under this section shall be limited to practice exclusively for the employer, including its subsidiaries and affiliates, furnishing the affidavit required by the rule and shall not include (i) appearing before a court or tribunal as a person admitted to practice law in this state, and (ii) offering legal services or advice to the public; or (iii) holding oneself out to be so engaged or authorized.

(3) - (7) [Unchanged.]


SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

APR 8. SPECIAL ADMISSIONS



(a) In General. Lawyers admitted to the practice of law in any state or territory of the United States or the District of Columbia or in any foreign jurisdiction, who do not meet the requirements of rule 1(b), may engage in the practice of law in this state only as provided in this rule.

(b) Exception for Particular Action or Proceeding. [No change].

(c) Exception for Indigent Representation. [No change].

(d) Exception for Educational Purposes. [No change].

(e) Exception for Emeritus Membership. [No change].

(f) Exception for Foreign House Counsel. [No change].

(g) Exception for Military Lawyers. [No change].


SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

APR 14. LIMITED PRACTICE RULE FOR FOREIGN

LAW CONSULTANTS



(a) Purpose. [No change.]

(b) Qualifications. [No change.]

(c) Procedure. [No change.]

(d) Scope of Practice. [No change.]

(e) Disciplinary Regulatory Provisions. A Foreign Law Consultant shall be subject to the Rules for Enforcement of Lawyer Conduct and the Rules of Professional Conduct as adopted by the Supreme Court and to all other laws and rules governing lawyers admitted to the Bar of this state, except for the requirements of APR 11 relating to continuing legal education. Jurisdiction shall continue whether or not the Consultant retains the authority for the limited practice of law in this state, and regardless of the residence of the Consultant.

(f) Continuing Requirements. [No change.]

(g) Termination of License. [No change.]

(h) Reciprocity. [No change.]

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.

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.

Washington State Code Reviser's Office