WSR 23-03-032
RULES OF COURT
STATE SUPREME COURT
[January 5, 2023]
IN THE MATTER OF THE SUGGESTED AMENDMENT TO LIMITED PRACTICE OFFICER RULES OF PROFESSIONAL CONDUCT (LPORPC) RULE 1.12—SAFEGUARDING
PROPERTY | ) ) ) ) ) ) | ORDER NO. 25700-A-1493 |
The Washington State Bar Association, having recommended the suggested amendment to Limited Practice Officer Rules of Professional Conduct (LPORPC) Rule 1.12—Safeguarding Property, and the Court having approved the suggested amendment for publication;
Now, therefore, it is hereby
ordered:
(a) That pursuant to the provisions of GR 9(g), the suggested amendment as shown below is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2023.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2023. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.
dated at Olympia, Washington this 5th day of January, 2023.
| For the Court |
| |
| Gonzalez, C.J. |
| CHIEF JUSTICE |
GR 9 COVER SHEET
Suggested Amendments
LIMITED PRACTICE OFFICER RULES OF PROFESSIONAL CONDUCT (LPORPC)
Rule 1.12A (h)(5)
Submitted by the Washington State Bar Association
A. Name of Proponent:
Washington State Bar Association
Daniel D. Clark, President
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
B. Spokesperson:
Robert W. Henry, Associate Director for Regulatory Services
Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
roberth@wsba.org • 206-727-8227
C. Purpose:
The primary purpose of the suggested amendments to the Limited Practice Officer Rules of Professional Conduct (LPORPC) is to update the term "bank transfer" to "electronic transfer". Not only does this incorporate modern terminology into the rule, but it is consistent with the lawyer Rules of Professional Conduct (RPC) and the Limited License Legal Technician Rules of Professional Conduct (LLLT RPC). See RPC 1.15A (h)(5) and LLLT RPC 1.15A (h)(5).
The suggested amendments were presented at the September 2022 WSBA Board of Governors meeting where the Board of Governors voted unanimously to approve the suggested amendments and to submit them to the Washington Supreme Court.
D. Hearing: A hearing is not requested.
E. Expedited Consideration: Expedited consideration is not requested.
F. Supporting Material: None.
SUGGESTED AMENDMENTS TO THE
LIMITED PRACTICE OFFICER RULES OF PROFESSIONAL CONDUCT (LPORPC)
LPORPC 1.12A SAFEGUARDING PROPERTY
(a) - (g) Unchanged.
(h) An LPO or Closing Firm must comply with the following for all trust accounts:
(1) - (4) Unchanged.
(5) All withdrawals must be made only to a named payee and not to cash. Withdrawals must be made by check or by bankelectronic transfer.
(6) - (8) Unchanged.