H-3075.1 _______________________________________________
HOUSE BILL 2503
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Boldt and Casada
Read first time 01/18/2002. Referred to Committee on Judiciary.
AN ACT Relating to the conduct of lawyers; and amending RCW 2.48.210, 2.48.220, and 2.48.230.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 2.48.210 and 1921 c 126 s 12 are each amended to read as follows:
((Every person
before being admitted to practice law in this state shall take and subscribe
the following oath:
I do solemnly swear:
I am a citizen of
the United States and owe my allegiance thereto;
I will support the
Constitution of the United States and the Constitution of the state of Washington;
I will maintain the
respect due to courts of justice and judicial officers;
I will not counsel
or maintain any suit or proceeding which shall appear to me to be unjust, nor
any defense except such as I believe to be honestly debatable under the law of
the land, unless it be in defense of a person charged with a public offense; I
will employ for the purpose of maintaining the causes confided to me such means
only as are consistent with truth and honor, and will never seek to mislead the
judge or jury by any artifice or false statement of fact or law;
I will maintain the
confidence and preserve inviolate the secrets of my client, and will accept no
compensation in connection with his business except from him or with his
knowledge and approval;
I will abstain from
all offensive personality, and advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause
with which I am charged;
I will
never reject, from any consideration personal to myself, the cause of the
defenseless or oppressed, or delay any man's cause for lucre or malice. So
help me God.)) The supreme
court by rule shall prescribe the form of oath of attorney for applicants for
admission to the state bar.
Sec. 2. RCW 2.48.220 and 1921 c 126 s 14 are each amended to read as follows:
((An attorney or
counselor may be disbarred or suspended for any of the following causes arising
after his admission to practice:
(1) His conviction
of a felony or misdemeanor involving moral turpitude, in which case the record
of conviction shall be conclusive evidence.
(2) Wilful
disobedience or violation of an order of the court requiring him to do or
forbear an act connected with, or in the course of, his profession, which he
ought in good faith to do or forbear.
(3) Violation of his
oath as an attorney, or of his duties as an attorney and counselor.
(4) Corruptly or
wilfully, and without authority, appearing as attorney for a party to an action
or proceeding.
(5) Lending his name
to be used as attorney and counselor by another person who is not an attorney
and counselor.
(6) For the
commission of any act involving moral turpitude, dishonesty or corruption,
whether the same be committed in the course of his relations as an attorney or
counselor at law, or otherwise, and whether the same constitute a felony or
misdemeanor or not; and if the act constitute a felony or misdemeanor,
conviction thereof in a criminal proceeding shall not be a condition precedent
to disbarment or suspension from practice therefor.
(7)
Misrepresentation or concealment of a material fact made in his application for
admission or in support thereof.
(8) Disbarment by a
foreign court of competent jurisdiction.
(9) Practicing law
with or in cooperation with a disbarred or suspended attorney, or maintaining
an office for the practice of law in a room or office occupied or used in whole
or in part by a disbarred or suspended attorney, or permitting a disbarred or
suspended attorney to use his name for the practice of law, or practicing law
for or on behalf of a disbarred or suspended attorney, or practicing law under
any arrangement or understanding for division of fees or compensation of any
kind with a disbarred or suspended attorney or with any person not a licensed
attorney.
(10) Gross
incompetency in the practice of the profession.
(11)
Violation of the ethics of the profession.)) The supreme court shall prescribe rules of procedure governing
the discipline, including suspension or disbarment, of members of the state
bar.
Sec. 3. RCW 2.48.230 and 1921 c 126 s 15 are each amended to read as follows:
((The code of ethics
of the American Bar Association shall be the standard of ethics for the members
of the bar of this state.)) The supreme court shall establish from time
to time and enforce rules of professional conduct for the members of the bar of
this state, but no such rules of conduct shall prohibit any member from
voluntarily revealing information relating to the representation of a client to
the extent the lawyer reasonably believes necessary for any of the following
purposes:
(1) To warn that the client or a third person has made, and still poses, a true and real threat to harm another person, whether or not the threatened person has notice of the potential danger;
(2) To prevent the probable death or substantial bodily harm of any person;
(3) To prevent the client from committing any crime;
(4) To prevent the client from committing a fraud that is reasonably expected to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
(5) To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably expected to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
(6) To report, pursuant to chapter 26.44 RCW, evidence of reasonable cause to believe that any child has suffered abuse or neglect;
(7) To report, pursuant to chapter 74.34 RCW, evidence of probable cause to believe that any vulnerable adult has suffered abandonment, abuse, financial exploitation, or neglect;
(8) To report to appropriate authorities or to others evidence that any lawyer has committed misconduct that if known by the authorities would reasonably be expected to result in the lawyer's suspension or disbarment;
(9) To report to appropriate authorities or to others evidence that any judicial officer has committed misconduct that if known by the authorities would reasonably be expected to result in the judicial officer's suspension or removal from judicial office;
(10) To report to appropriate authorities or to others evidence that any elected official or executive state officer, as those terms are defined in chapter 42.17 RCW, has knowingly violated any law.
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