WSR 09-15-049

RULES OF COURT

STATE SUPREME COURT


[ July 8, 2009 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO ELC 15.6-REGULATIONS-REGULATION 106-CONTENTS OF LAWYER TRUST ACCOUNT INFORMATION FORM )

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ORDER

NO. 25700-A-923


The Washington State Bar Association having recommended the adoption of the proposed amendment to ELC 15.6-Regulations-Regulation 106-Contents of Lawyer Trust Account Information Form, 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 publication.

DATED at Olympia, Washington this 8th day of July, 2009.
Gerry L. Alexander, C. J.


C. Johnson, J.


Owens, J.


Madsen, J.


Fairhurst, J.


Sanders, J.


J. M. Johnson, J.


Chambers, J.


Stephens, J.



SUGGESTED AMENDMENT

RULES FOR ENFORCEMENT OF LAWYER CONDUCT (ELC)

ELC 15.6: REGULATION 106

REGULATION 106. CONTENTS OF ATTORNEY DECLARATION LAWYER TRUST ACCOUNT INFORMATION FORM


Annually, each active member must provide a trust account information form prescribed by the Association by the date specified by the Association. In December of each year, the Association shall mail to each active member, a written questionnaire. The completed questionnaire shall be delivered by the member to the Association on or before January 31 of the following year. The questionnaire shall be comprised of two parts. Parts One and Two shall be completed and signed by each active member, provided that Part Two, in lieu of completion and signing by each individual active member practicing in a firm, may be completed and signed by an authorized member of the firm on behalf of all attorneys practicing in the firm. Part One and Part Two shall each be separately signed and verified by the signer under penalty or perjury and shall The information form shall be certified by the member, in such a manner as the Association prescribes, stating that the information is true and correct. The Association may require disclosure of the following information:

Part One

(i) Name, current address and bar telephone number of the active member.

(ii) Whether the active member is in active private practice.

(iii) If the answer to (ii) is no, whether the member is nonetheless engaged in any practice of the law

which involves or might involve the handling of client's funds or property.

(iv) Whether the member (or firm) maintains either an IOLTA account or other client trust account(s) identifiable bank account(s) within the state for the deposit of client funds received in connection with representations undertaken using the member's Washington license. of clients and a recordkeeping system to record funds, securities and other properties of clients coming into the member's (or firm's) possession. (to be answered by all members unless the answers to both (ii) and (iii) are "no").

Part Two

(a iii) The name of the bank(s) financial institution(s) and branch(es) where client funds are held, and the account numbers for each account. the separate identifiable bank accounts are maintained as the depository (or depositories) for client funds.

(b) Whether the accounts identified in (a) are maintained in the manner specified in RPC 1.14, and whether all clients' funds to the extent required by PRC 1.14 are kept therein.

(c) Whether all funds, securities, and other properties of clients coming into the member's (or firm's) possession are held in the manner specified in RPC 1.14 and whether records in respect thereto are maintained in the manner specified in RPC 1.14.

Part Two may also require disclosure of the account numbers for each separate identifiable bank account maintained as a depository for client funds.

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.

Washington State Code Reviser's Office