WSR 20-22-044
RULES OF COURT
STATE SUPREME COURT
[October 7, 2020]
IN THE MATTER OF THE SUGGESTED AMENDMENTS TO APR 1—IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW; COMMUNICATIONS TO THE BAR; CONFIDENTIALITY; DEFINITIONS, APR 3—APPLICANTS FOR ADMISSION TO PRACTICE LAW, AND GR 24—DEFINITION OF THE PRACTICE OF LAW
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ORDER
NO. 25700-A-1306
The Washington State Bar Association Board of Governors, having recommended the expeditious adoption of the suggested amendments to APR 1—In General; Supreme Court; Prerequisites to the Practice of Law; Communications to the Bar; Confidentiality; Definitions, APR 3—Applicants for Admission to Practice Law, and GR 24—Definition of the Practice of Law, and the Court having considered the suggested amendments, and having determined that the suggested amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the suggested amendments as shown below are expeditiously adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the suggested rule amendments are effective immediately.
(c) The rule amendments will be published expeditiously in the Washington Reports.
dated at Olympia, Washington this 7th day of October, 2020.
 
 
Stephens, C.J.
Johnson, J.
 
Gordon McCloud, J.
Madsen, J.
 
Yu, J.
Owens, J.
 
Montoya-Lewis, J.
Gonzalez, J.
 
Whitener, J.
ADMISSION AND PRACTICE RULES (APR)
APR 1IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW; COMMUNICATIONS TO THE BAR; CONFIDENTIALITY; DEFINITIONS
(a) - (d) [Unchanged.]
(e) Definitions. The following definitions apply throughout these Admission and Practice Rules except where otherwise stated:
(1) "Active legal experience."
(A) When used to describe a requirement for admission or licensure as, or otherwise regarding, a lawyer means experience in the active practice of law as a lawyer, including practice as a Pro Bono Status Lawyer licensed under APR 3(g), or as a teacher at an approved law school, or as a judge of a court of general or appellate jurisdiction or any combination thereof, in a state or territory of the United States or in the District of Columbia or in any jurisdiction where the common law of England is the basis of its jurisprudence;
(B) when used to describe a requirement for licensing as, or otherwise regarding, an LLLT, means active experience practicing law as an LLLT, including practice as a Pro Bono Status LLLT Licensed under APR 3(g);
(C) when used to describe a requirement for licensing as, or otherwise regarding, an LPO means active experience practicing law as an LPO, including as a Pro Bono Status LPO licensed under APR 3(g).
(2) - (9) [Unchanged.]
APR 3 APPLICANTS FOR ADMISSION TO PRACTICE LAW
(a) - (f) [Unchanged.]
(g) Emeritus Pro Bono Admission. A lawyer, LLLT, or LPO admitted to practice law in Washington State may apply for emeritus pro bono status when the lawyer, LLLT, or LPO is inactive or otherwise fully retired from the practice of law. An emeritus pro bono status lawyer, LLLT, or LPO shall provide legal services in Washington State only for a qualified legal service provider as defined in these rules.
(1) To apply, the lawyer, LLLT, or LPO shall:
(A) file an application in such form and manner as prescribed by the Bar;
(B) present satisfactory proof of active legal experience as defined in APR 1 or at least 5 of the 10 years immediately preceding the filing of the application;
(C)(B) file a certification from aone or more qualified legal services provider(s) that the applicant's practice of law will comply with the terms of this rule;
(D)(C) comply with training requirements prescribed by the Bar; and
(E)(D) furnish whatever additional information or proof that may be required in the course of investigating the applicant.
(2) Upon approval of the application by the Bar, the lawyer, LLLT, or LPO shall pay the current year's annual license fee in the amount required of inactive lawyers, LLLTs, or LPOs, whichever is the applicable license type. This fee shall be waived if the pro bono status lawyer, LLLT, or LPO provided at least 30 hours of pro bono service through a qualified legal service provider in the previous calendar year.Emeritus pPro bono status lawyers, LLLTs, or LPOs are subject to annual license renewal as provided by the Board of Governors.
(3) Upon admission under this section, the practice of law by a lawyer, LLLT, or LPO shall be limited to:
(A) providing legal service for no fee through a qualified legal services provider; or
(B) serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or service for no fee to a qualified legal services provider.
The prohibition against compensation for emeritus pro bono status lawyers, LLLTs, or LPOs shall not prevent a qualified legal services provider from reimbursing an emeritus pro bono status lawyer, LLLT, or LPO for actual expenses incurred while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court awarded attorney fees for any representation rendered by the emeritus pro bono status lawyer, LLLT, or LPO.
(4) Emeritus pPro bono status lawyers, LLLTs, or LPOs shall pay to the Bar an annual license fee in the amount required of inactive lawyers, LLLTs, or LPOs, whichever is the applicable license type. This fee shall be waived if the pro bono status lawyer, LLLT, or LPO provided at least 30 hours of pro bono service through a qualified legal service provider in the previous calendar year.
(5) The practice of a lawyer, LLLT, or LPO admitted under this section shall be subject to the applicable Rules of Professional Conduct, disciplinary rules, and to all other laws and rules governing lawyers, LLLTs, or LPOs admitted to the Bar.
(6) Emeritus pPro bono status lawyers, LLLTs, or LPOs shall be exempt from compliance with APR 11 concerning mandatory continuing legal education.
(7) Emeritus pPro bono admission shall be automatically terminated and converted to inactive status when the lawyer, LLLT, or LPO fails to comply with the terms of this rule.
(h) - (i) [Unchanged.]
GENERAL RULES (GR) 24
GR 24 DEFINITION OF THE PRACTICE OF LAW
(a) [Unchanged.]
(b) Exceptions and Exclusions: Whether or not they constitute the practice of law, the following are permitted:
(1) Practicing law authorized by a limited license to practice pursuant to Admission to Practice Rules 8 (special admission for: a particular purpose or action; indigent representation; educational purposes; emerituspro bono status membership; house counsel), 9 (legal interns), 12 (limited practice for closing officers), or 14 (limited practice for foreign law consultants).
(2) - (11) [Unchanged.]
(c) - (f) [Unchanged.]