RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RPC 5.5-UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW-COMMENT 7 | ) ) ) ) ) |
ORDER NO. 25700-A-976 |
Now, therefore, it is hereby
ORDERED:
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites expeditiously.
(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 not later than April 30, 2011. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.
DATED at Olympia, Washington this 3rd day of February, 2011.
| For the Court | |
| Madsen, C.J. | |
| CHIEF JUSTICE |
Suggested Amendment
RULES OF PROFESSIONAL CONDUCT (RPC)
Rule 5.5-Unauthorized Practice of Law;
Multijurisdictional Practice of Law
Submitted by the Board of Governors of the
Washington State Bar Association
The purpose of the suggested amendment to Comment [7] is
to clarify the meaning of "admitted" as defined by subsections
(c) and (d). RPC 5.5(c) permits lawyers "admitted" in another
United States jurisdiction to practice on a temporary basis in
Washington if specified conditions are met. RPC 5.5(d)
permits lawyers "admitted" in another U.S. jurisdiction to
provide in-house legal services in Washington if specified
conditions are met. Comment [7] to the rule states that
"admitted" under paragraph (c) means that "the lawyer is
authorized to practice in the jurisdiction in which the lawyer
is admitted and excludes a lawyer who while technically
admitted is not authorized to practice, because, for example,
the lawyer is on inactive status." The comments do not define
"admitted" for purposes of applying paragraph (d), raising a
potential ambiguity regarding whether paragraph (d) might
permit an inactive lawyer in another jurisdiction to serve as
in-house counsel in Washington under RPC 5.5. The Rules of
Professional Conduct Committee believes that "admitted" was
intended to have the same meaning in both paragraphs, and
suggested amending the language in Comment [7] to reflect that
intent. This suggested amendment is not intended to be a
substantive change.
RULE 5.5. UNAUTHORIZED PRACTICE OF LAW;
MULTIJURISDICTIONAL PRACTICE OF LAW
[7] Paragraphs (c) and (d) apply to lawyers who are
admitted to practice law in any United States jurisdiction,
which includes the District of Columbia and any state,
territory or commonwealth of the United States. The word
"admitted" in paragraph (c) contemplates that the lawyer is
authorized to practice in the jurisdiction in which the lawyer
is admitted and excludes a lawyer who while technically
admitted is not authorized to practice, because, for example,
the lawyer is on inactive status.
[8] - [22] [Unchanged.]
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.