WSR 97-13-035

RULES OF COURT

STATE SUPREME COURT

[June 10, 1997]

IN THE MATTER OF THE ADOPTION ) ORDER

OF THE PROPOSED AMENDMENT ) NO. 25700-A-608

TO GR 12 )

The Washington State Bar Association recommended the adoption of the proposed amendment to GR 12, and the Court having considered the proposed amendment and comment submitted thereto, and having determined that the proposed amendment will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the proposed amendment as attached hereto is adopted.

(b) That the proposed amendment will be published in the Washington Reports and will become effective September 1, 1997.

DATED at Olympia, Washington this 10th day of June, 1997.

Durham, C.J.

_______________________

Dolliver, J. Madsen, J.

________________________ ________________________

Smith, J. Alexander, J.

________________________ ________________________

Guy, J. Talmadge, J.

________________________ ________________________

Johnson, J.

________________________ ________________________

(a) Purposes: In General. The purposes of In general, the Washington State Bar Association shall be to strives to:

(1) Promote independence of the judiciary and the bar.

(2) Promote an effective legal system, accessible to all.

(3) Provide services to its members.

(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 and the public.

(6) Promote diversity and equality in the courts, the legal profession, and the bar.

(7) Administer admissions 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 voice to the public and the branches of government on matters relating to these purposes and the activities of the association.

promote and aid in the effective administration of justice; to assist in the admission and discipline of members of the Bar Association; to foster and maintain high standards of competence, professionalism and ethics among its members; to promote the availability of legal services to all in need; to advise the public and its officials in matters relevant to these purposes and the professional interests of the Bar Association; to promote respect and understanding for our legal system; to promote the creation of voluntary associations of lawyers concerned with their members' professional interests; to carry on programs of legal research and education; to provide a forum for the discussion of subjects pertaining to jurisprudence and the practice of law; to foster camaraderie among members of the Bar Association and good will between the Bar Association and the public; to promote the independence of the Bar Association and the judiciary of which it is a part; and to promote the interests of the legal profession.

(b) Specific Activities Authorized. Among the specific Bar Association activities authorized by this rule and these stated purposes are In pursuit of these purposes, the Washington State Bar Association may:

(1) Sponsor and maintain committees, 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 regarding their ethical obligations;

(6) Administer an effective system of discipline of its members, including receiving and investigating complaints of lawyer misconduct, 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 dispute to arbitration;

(8) Maintain a program for mediation of disputes between members and their clients and others;

(9) Maintain a program for lawyer 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 of lawyers' trust accounts;

(13) Maintain a lawyers' fund for client protection in accordance with the Admission to Practice Rules;

(14) Maintain a program for the aid and rehabilitation of impaired members;

(15) Disseminate information about bar activities, interests, and positions;

(16) Monitor, report on, and advise public officials about matters of interest to the bar;

(17) Maintain a legislative presence to inform members of new and proposed laws and to inform public officials about bar 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 discretion, authorizing collective bargaining;

(22) Collect, allocate, invest, and disburse funds so that its mission, purposes and activities may be effectively and efficiently discharged.

(1) The regulation of those persons who seek admission to practice law, including the administration of examinations and the review of applicants' fitness and character to practice law;

(2) The regulation and administration of lawyer discipline;

(3) Providing a forum for the discussion of subjects pertaining to the practice of law, law reform, and jurisprudence;

(4) Sponsoring, conducting and participating with qualified organizations in programs of continuing legal education;

(5) Carrying on research in fields of substantive law, practice and procedure, and making reports and recommendations thereon;

(6) Conducting audits of lawyer trust accounts;

(7) Maintaining, in its discretion, a program to indemnify clients in whole or in part against losses caused by dishonesty of active members of the Bar Association, or by failure of such a member to account properly for funds entrusted to such member;

(8) Maintaining, in its discretion, a program for the aid and rehabilitation of impaired lawyers;

(9) Sponsoring and maintaining committees, sections and divisions whose activities relate to the purposes stated herein;

(10) Providing communications of interest and utility to lawyers and the public and disseminating information about Bar Association activities, interests and positions;

(11) Monitoring, reporting on and reporting to public officials about matters of interest to the Bar Association;

(12) Maintaining a legislative liaison who shall keep the Bar Association informed about new and proposed legislation and who shall, from time to time, inform public officials about positions and concerns of the Bar Association;

(13) Maintaining and fostering programs of public information and education about the law;

(14) Maintaining and fostering programs to promote good will among the members of the Bar Association and between the Bar Association and the public;

(15) Allocating and disbursing funds, in its discretion, so that these purposes may be effectively and efficiently discharged.

(16) Authorizing, in its discretion, collective bargaining for its employees

(c) Activities Not Authorized. Among the specific actions which this rule and these purposes do not authorize are The Washington State Bar Association will not:

(1) Taking Take positions on issues concerning the politics or social positions of foreign nations;

(2) Taking Take positions on political or social issues which do not relate to or affect the practice of law or the administration of justice;

(3) Supporting Support or opposing oppose, in an election, candidates for public office.