WSR 08-13-020

RULES OF COURT

STATE SUPREME COURT


[ June 6, 2008 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO RPC 5.5(e) -- UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW AND COMMENT 22 )

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ORDER

NO. 25700-A-896


The Washington State Bar Association having recommended the adoption of the proposed amendment to RPC 5.5(e) -- Unauthorized Practice of Law; Multijurisdictional Practice of Law and Comment 22, 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 (j)(1), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 6th day of June, 2008.
Gerry L. Alexander


C. Johnson, J.


Owens, J.


Madsen, J.


Fairhurst, J.


Sanders, J.


J.M. Johnson, J.


Chambers, J.


Stephens, J.



SUGGESTED AMENDMENT

RULES OF PROFESSIONAL CONDUCT (RPC)

RULE 5.5 UNAUTHORIZED PRACTICE OF LAW;

MULTIJURISDICTIONAL PRACTICE OF LAW


(a) [No change].

(b) [No change].

(c) [No change].

(d) [No change].

(e) A lawyer authorized to provide legal services under paragraph (d)(1) of this Rule may provide legal services in this jurisdiction for no fee through a qualified legal services provider, as that term is defined in APR 8 (e)(2). If such services involve representation before a court or tribunal, the lawyer shall seek admission under APR 8(b) and any fees for such admission shall be waived. The prohibition against compensation in this paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer authorized to practice under paragraph (d)(1) for actual expenses incurred while rendering legal services under this pro bono exception. In addition, a qualified legal services provider shall be entitled to receive all court awarded attorney's fees for pro bono representation rendered by the lawyer.


Comment

[1] - [21] [No change].


Additional Washington Comment (22)


[22] Model Rule 5.5 does not contain a provision equivalent to paragraph (e) of Washington's Rule. Paragraph (e) provides that in-house lawyers, government lawyers, and others authorized to practice under paragraph (d) of this Rule may provide legal services for no fee through a qualified legal services provider, but it does not authorize any other form of law practice, whether for a fee or not, other than that authorized by Paragraph (d). For purposes of paragraph (e) of this Rule, the term "qualified legal services provider" is defined in Admission to Practice Rule 8 (e)(2) as "a not for profit legal services organization whose primary purpose is to provide legal services to low income clients."

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.

Washington State Code Reviser's Office