WSR 17-12-073
RULES OF COURT
STATE SUPREME COURT
[June 1, 2017]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO OR 12.1—REGULATORY OBJECTIVES; GR 12.2—WASHINGTON STATE BAR ASSOCIATION: PURPOSES, AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES; GR 12.3—WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME COURT-CREATED BOARDS AND COMMITTEES; GR 12.4—WASHINGTON STATE BAR ASSOCIATION ACCESS TO RECORDS; GR 12.5—IMMUNITY
)
)
)
)
)
)
)
)
)
)
)
)
)
)
ORDER
NO. 25700-A-1187
The Washington State Bar Association, having recommended the adoption of the proposed amendments to GR 12.1—Regulatory Objectives; GR 12.2—Washington State Bar Association: Purposes, Authorized Activities, and Prohibited Activities; GR 12.3—Washington State Bar Association Administration of Supreme Court-Created Boards and Committees; GR 12.4—Washington State Bar Association Access to Records; GR 12.5—Immunity, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as shown below are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2017.
DATED at Olympia, Washington this 1st day of June 2017.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
Madsen, J.
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
RULE 12. REGULATION OF THE PRACTICE OF LAW
The Washington Supreme Court has inherent and plenary authority to regulate the practice of law in Washington. The legal profession serves clients, courts, and the public, and has special responsibilities for the quality of justice administered in our legal system. The Court ensures the integrity of the legal profession and protects the public by adopting rules for the regulation of the practice of law and actively supervising persons and entities acting under the Supreme Court's authority.
RULE 12.1. REGULATORY OBJECTIVES
Legal services providers must be regulated in the public interest. In regulating the practice of law in Washington, the Washington Supreme Court's objectives include:
A. Protection of the public;
B. Advancement of the administration of justice and the rule of law;
C. Meaningful access to justice and information about the law, legal issues, and the civil and criminal justice systems;
D. Transparency regarding the nature and scope of legal services to be provided, the credentials of those who provide them, and the availability of regulatory protections;
E. Delivery of affordable and accessible legal services;
F. Efficient, competent, and ethical delivery of legal services;
G. Protection of privileged and confidential information;
H. Independence of professional judgment;
I. Accessible civil remedies for negligence and breach of other duties owed, disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs;
J. Diversity and inclusion among legal services providers and freedom from discrimination for those receiving legal services and in the justice system.
RULE 12.12. WASHINGTON STATE BAR ASSOCIATION: PURPOSES, AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES
In the exercise of its inherent and plenary authority to regulate the practice of law in Washington, the Supreme Court authorizes and supervises the Washington State Bar Association's activities. The Washington State Bar Association carries out the administrative responsibilities and functions expressly delegated to it by this rule and other Supreme Court rules and orders enacted or adopted to regulate the practice of law, including, the purposes and authorized activities set forth below.
(a) Purposes: In General. In general, the Washington State Bar Association strives to:
(1) Promote independence of the judiciary and the bar legal profession.
(2) Promote an effective legal system, accessible to all.
(3) Provide services to its members and the public.
(4) Foster and maintain high standards of competence, professionalism, and ethics among its members.
(5) Foster collegiality among its members and goodwill between the bar legal profession and the public.
(6) Promote diversity and equality in the courts, and the legal profession, and the bar.
(7) Administer admissions, regulation, to the bar and discipline of its members in a manner that protects the public and respects the rights of the applicant or member.
(8) Administer programs of legal education.
(9) Promote understanding of and respect for our legal system and the law.
(10) Operate a well-managed and financially sound association, with a positive work environment for its employees.
(11) Serve as a state wide statewide voice to the public and to the branches of government on matters relating to these purposes and the activities of the association and the legal profession.
(b) Specific Activities Authorized. In pursuit of these purposes, the Washington State Bar Association may:
(1) Sponsor and maintain committees, and sections, and divisions whose activities further these purposes;
(2) Support the judiciary in maintaining the integrity and fiscal stability of an independent and effective judicial system;
(3) Provide periodic reviews and recommendations concerning court rules and procedures;
(4) Administer examinations and review applicants' character and fitness to practice law;
(5) Inform and advise lawyers its members regarding their ethical obligations;
(6) Administer an effective system of discipline of its members, including receiving and investigating complaints of lawyer misconduct by legal professionals, taking and recommending appropriate punitive and remedial measures, and diverting less serious misconduct to alternatives outside the formal discipline system;
(7) Maintain a program, pursuant to court rule, requiring members to submit fee disputes to arbitration;
(8) Maintain a program for mediation of disputes between members and their clients and others;
(9) Maintain a program for lawyer legal professional practice assistance;
(10) Sponsor, conduct, and assist in producing programs and products of continuing legal education;
(11) Maintain a system for accrediting programs of continuing legal education;
(12) Conduct audits examinations of lawyers' legal professionals' trust accounts;
(13) Maintain a lawyers' fund for client protection in accordance with the Admission to and Practice Rules;
(14) Maintain a program for the aid and rehabilitation of impaired members;
(15) Disseminate information about bar the organization's activities, interests, and positions;
(16) Monitor, report on, and advise public officials about matters of interest to the bar organization and the legal profession;
(17) Maintain a legislative presence to inform members of new and proposed laws and to inform public officials about bar the organization's positions and concerns;
(18) Encourage public service by members and support programs providing legal services to those in need;
(19) Maintain and foster programs of public information and education about the law and the legal system;
(20) Provide, sponsor, and participate in services to its members;
(21) Hire and retain employees to facilitate and support its mission, purposes, and activities, including in the bar's organization's discretion, authorizing collective bargaining;
(22) Establish the amount of all license, application, investigation, and other related fees, as well as charges for services provided by the Washington State Bar Association, and collect, allocate, invest, and disburse funds so that its mission, purposes, and activities may be effectively and efficiently discharged. The amount of any license fee is subject to review by the Supreme Court for reasonableness and may be modified by order of the Court if the Court determines that it is not reasonable.;
(23) Administer Supreme Court-created boards in accordance with General Rule 12.3.
(c) Activities Not Authorized. The Washington State Bar Association will not:
(1) Take positions on issues concerning the polities or social positions of foreign nations;
(2) Take positions on political or social issues which do not relate to or affect the practice of law or the administration of justice; or
(3) Support or oppose, in an election, candidates for public office.
RULE 12.23. WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME COURT-CREATED BOARDS AND COMMITTEES
[Unchanged.]
RULE 12.3. IMMUNITY
All boards, committees, or other entities, and their members and personnel, and all personnel and employees of the Washington State Bar Association, acting on behalf of the Supreme Court under the Admission to Practice Rules, the rules for Enforcement of Lawyer Conduct, and the Disciplinary Rules for Limited Practice Officers, shall enjoy quasi judicial immunity if the Supreme Court would have immunity in performing the same functions.
RULE 12.4. WASHINGTON STATE BAR ASSOCIATION ACCESS TO RECORDS
(a) [Unchanged.]
(b) Scope. This rule governs the right of public access to Bar records. This rule applies to the Washington State Bar Association and its subgroups operated by the Bar including the Board of Governors, committees, task forces, commissions, boards, offices, councils, divisions, sections, and departments. This rule also applies to boards and committees under GR 12.23 administered by the Bar. A person or entity entrusted by the Bar with the storage and maintenance of Bar records is not subject to this rule and may not respond to a request for access to Bar records, absent express written authority from the Bar or separate authority in rule or statute to grant access to the documents.
(c) [Unchanged.]
(d) [Unchanged.]
(e) [Unchanged.]
(f) [Unchanged.]
(g) [Unchanged.]
(h) [Unchanged.]
(i) [Unchanged.]
(j) [Unchanged.]
RULE 12.5. IMMUNITY
All boards, committees, or other entities, and their members and personnel, and all personnel and employees of the Washington State Bar Association, acting on behalf of the Supreme Court under the Admission and Practice Rules, the Rules for Enforcement of Lawyer Conduct, or the disciplinary rules for limited practice officers and limited license legal technicians, shall enjoy quasi-judicial immunity if the Supreme Court would have immunity in performing the same functions.
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.