IN THE MATTER OF THE ADOPTION OF NEW RULE APR 19 AND REPEAL OF RLD 12.17

) ))

ORDER NO. 25700-A-709

     The Washington State Bar Association having recommended the adoption of proposed New Rule APR 19 and the repeal of RLD 12.17, and the Court having considered the new rule, and having determined that the proposed new rule will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That New APR 19 is adopted and RLD 12.17 is repealed.

     (b) That the new rule will be published in the Washington Reports and will become effective September 1, 2001.

     DATED at Olympia, Washington this 12th day of June 2001.

	Alexander, C. J.
Smith, J.
Johnson, J.	Bridge, J.
Madsen, J.	Chambers, J.
Ireland, J.	Owens, J.

     (a) Purpose. The purpose of this rule is to protect the public, to assist lawyers in the performance of their duties and responsibilities in the representation of clients, to maintain and improve the integrity of the legal profession, and to promote the interests of justice.

     (b) Lawyers' Assistance Program (LAP).

     (1) Authorization. The Washington State Bar Association is authorized to create a program to help prevent and alleviate problems that may detrimentally influence a lawyer's performance, including physical illnesses, emotional problems or addictions.

     (2) Confidentiality. Confidential communications between a lawyer-client and staff or peer counselors of the Lawyers' Assistance Program shall be privileged against disclosure without the consent of the lawyer-client to the same extent and subject to the same conditions as confidential communications between a client and psychologist.

     (3) Exoneration From Liability.

     (i) Bar Association and Its Agents. No cause of action shall accrue in favor of any person, arising from any action or proceeding pursuant to these rules, against the Bar Association, or its officers or agents (including but not limited to its staff, members of the Board of Governors, or any other individual acting under the authority of these rules) provided only that the Bar Association, officer or agent shall have acted in good faith. The burden of proving bad faith in this context shall be upon the person asserting it. The Bar Association shall provide defense to any action brought against an officer or agent of the Bar Association for actions taken in good faith under these rules and shall bear the costs of that defense and shall indemnify the officer or agent against any judgment taken therein.

     (ii) Other persons. Communications to the Bar Association, Board of Governors, staff, or any other individual acting under the authority of these rules, are absolutely privileged, and no lawsuit predicated thereon may be instituted against them or other person providing information.

     (c) Fee Arbitration Program. [Reserved.]

     (d) Law Office Management Assistance Program. [Reserved.]

     (e) Ethics Program. [Reserved.]

     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The bracketed and enclosed material above occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to requirements of RCW 34.08.040.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the and appears in the Register pursuant to the requirements of RCW 34.08.040.

© Washington State Code Reviser's Office