title: Mandatory Continuing Legal Education (MCLE)

text:
APR 11 MANDATORY CONTINUING LEGAL EDUCATION (MCLE) (a) Purpose. Mandatory continuing legal education (MCLE) is intended to enhance lawyers’, LLLTs’, and LPOs’ legal services to their clients and protect the public by assisting lawyers, LLLTs, and LPOs in maintaining and developing their competence as defined in RPC 1.1 or equivalent rule for LLLTs and LPOs, fitness to practice as defined in APR 20, and character as defined in APR 20. These rules set forth the minimum continuing legal education requirements for lawyers, LLLTs, and LPOs to accomplish this purpose. (b) Definitions. For the purposes of this rule, the following definitions shall apply: (1) “Activity” means any method by which a lawyer, LLLT, or LPO may earn MCLE credits. (2) “Attending” means participating in an approved activity or course. (3) “Calendar year” means a time period beginning January 1 and ending December 31. (4) “Identical activity” means any prior course or other activity that has not undergone any substantial or substantive changes since last offered, provided, or undertaken. (5) “Lawyer, LLLT, or LPO” means an active lawyer, LLLT, or LPO of the Bar, a judicial member of the Bar classified as an administrative law judge, and any other lawyer licensed or authorized to practice law in Washington who is required by the Admission and Practice Rules (APR) to comply with this rule. (6) “Reporting period” means a three-year time period as assigned by the Bar in which a lawyer, LLLT, or LPO must meet the education requirements of this rule. (7) “Sponsor” means a provider of continuing legal education activities. (c) Education Requirements. (1) Minimum Requirement. Each lawyer must complete 45 credits and each LLLT and LPO must complete 30 credits of approved continuing legal education by December 31 of the last year of the reporting period with the following requirements: (i) at least 15 credits must be from attending approved courses in the subject of law and legal procedure, as defined in subsection (f)(1); and (ii) at least six credits must be in ethics and professional responsibility, as defined in subsection (f)(2), with at least one credit in equity, inclusion, and the mitigation of both implicit and explicit bias in the legal profession and the practice of law. (2) Earning Credits. A lawyer, LLLT, or LPO earns one credit for each 60 minutes of attending an approved activity. Credits are rounded to the nearest quarter hour. A lawyer, LLLT, or LPO may earn no more than eight credits per calendar day. A lawyer, LLLT, or LPO cannot receive credit more than once for an identical activity within the same reporting period. (3) New Lawyers, LLLTs, and LPOs. Newly admitted lawyers, LLLTs, and LPOs are exempt for the calendar year of admission. (4) Military Personnel. Military personnel in the United States Armed Forces may be granted an exemption, waiver, or modification upon proof of undue hardship, which includes deployment outside the United States. A petition shall be filed in accordance with subsection (i)(5) of these rules.

(5) Exemptions. The following are exempt from the requirements of this rule for the reporting period(s) during which the exemption applies: (i) Judicial Exemption. Judicial members of the Bar, except for administrative law judges; (ii) Supreme Court Clerks. The Supreme Court clerk and assistant clerk(s) who are prohibited by court rule from practicing law; (iii) Legislative Exemption. Members of the Washington State Congressional Delegation or the Washington State Legislature; and (iv) Gubernatorial Exemption. The Governor of Washington State. (6) Comity. The education requirements in Oregon, Idaho, and Utah substantially meet Washington’s education requirements for lawyers. These states are designated as comity states. A lawyer may certify compliance with these rules in lieu of meeting the education requirement by paying a comity fee and filing a Comity Certificate of MCLE Compliance from a comity state certifying to the lawyer’s subjection to and compliance with that state’s MCLE requirements during the lawyer’s most recent reporting period. (7) Carryover Credits. If a lawyer, LLLT, or LPO completes more than the required number of credits for any one reporting period, up to 15 of the excess credits, 2 of which may be ethics and professional responsibility credits, may be carried forward to the next reporting period. (d) MCLE Board. (1) Establishment. There is hereby established an MCLE Board consisting of seven members, six of whom must be active lawyers, LLLTs, or LPOs of the Bar and one who is not licensed to practice law. The Supreme Court shall designate one board member to serve as chair of the MCLE Board. The members of the MCLE Board shall be appointed by the Supreme Court. Appointments shall be staggered for a three-year term. No member may serve more than two consecutive terms. Terms shall end on September 30 of the applicable year. (2) Powers and Duties. (i) Rules and Regulations. The MCLE Board shall review and suggest amendments or make regulations to APR 11 as necessary to fulfill the purpose of MCLE and for the timely and efficient administration of these rules and for clarification of education requirements, approved activities, and approved course subjects. Suggested amendments are subject to review by the Board of Governors and approval by the Supreme Court. (ii) Policies. The MCLE Board may adopt policies to provide guidance in the administration of APR 11 and the associated regulations. The MCLE Board will notify the Board of Governors and the Supreme Court of any policies that it adopts. Such policies will become effective 60 days after promulgation by the MCLE Board. (iii) Approve Activities. The MCLE Board shall approve and determine the number of credits earned for all courses and activities satisfying the requirements of these rules. The MCLE Board shall delegate this power to the Bar subject to MCLE Board review and approval. (iv) Review. The MCLE Board shall review any determinations or decisions regarding approval of activities made by the Bar under these rules that adversely affect any lawyer, LLLT, or LPO or sponsor upon request of the lawyer, LLLT, or LPO, sponsor, or Bar. The MCLE Board may take appropriate action consistent with these rules after any such review and shall

notify the lawyer, LLLT, or LPO or sponsor in writing of the action taken. The MCLE Board’s decision shall be final. (v) Fees. The MCLE Board shall determine and adjust fees for the failure to comply with these rules and to defray the reasonably necessary costs of administering these rules. Fees shall be approved by the Board of Governors. (vi) Waive and Modify Compliance. The MCLE Board shall waive or modify a lawyer’s, LLLT’s, or LPO’s compliance with the education or reporting requirements of these rules upon a showing of undue hardship filed in accordance with these rules. The MCLE Board may delegate this power to the Bar subject to (1) parameters and standards established by the MCLE Board and (2) review by the MCLE Board. (vii) Approve Mentoring Programs. The MCLE Board shall approve mentoring programs that meet requirements and standards established by the MCLE Board for the purposes of awarding MCLE credit under these rules. (viii) Audits for Standards Verification. The MCLE Board may audit approved courses to ensure compliance with the standards set forth in these rules. (3) Expenses and Administration. Members of the MCLE Board shall not be compensated for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties according to the Bar’s expense policies. The Bar shall provide administrative support to the MCLE Board. (e) Approved Activities. A lawyer, LLLT, or LPO may earn MCLE credit by attending, teaching, presenting, or participating in activities approved by the Bar. Only the following types of activities may be approved: (1) Attending, teaching, presenting, or participating in or at a course, provided that any prerecorded audio/visual course is less than five years old; (2) Preparation time for a teacher, presenter, or panelist of an approved activity at the rate of up to five credits per hour of presentation time, provided that the presentation time is at least 30 minutes in duration; (3) Attending law school courses with proof of registration or attendance; (4) Attending bar review courses for jurisdictions other than Washington with proof of registration or attendance; (5) Writing for the purpose of lawyer, LLLT, or LPO education, when the writing has been published by a recognized publisher of legal works as a book, law review, or scholarly journal article of at least 10 pages, will earn one credit for every 60 minutes devoted to legal research and writing; (6) Teaching law school courses, when the instructor is not a full-time law school professor; (7) Providing pro bono legal services provided the legal services are rendered through a qualified legal services provider as defined in APR 1; (8) Participating in a structured mentoring program approved by the MCLE Board, provided the mentoring is free to the mentee and the mentor is an active member of the Bar in good standing and has been admitted to the practice of law in Washington for at least five years. The MCLE Board shall develop standards for approving mentoring programs; and

(9) Judging or preparing law school students for law school recognized competitions, mock trials, or moot court. The sponsoring law school must comply with all sponsor requirements under this rule. (10) Tutoring clerks through the APR 6 Law Clerk Program courses when providing “personal supervision” as defined in APR 6(d)(2). (f) Approved Course Subjects. Only the following subjects for courses will be approved: (1) Law and legal procedure, defined as legal education relating to substantive law, legal procedure, process, research, writing, analysis, or related skills and technology; (2) Ethics and professional responsibility, defined as topics relating to the general subject of professional responsibility and conduct standards for lawyers, LLLTs, LPOs, and judges, including equity, inclusion, and the mitigation of both implicit and explicit bias in the legal profession and the practice of law, and the risks to ethical practice associated with diagnosable mental health conditions, addictive behavior, and stress; (3) Professional development, defined as subjects that enhance or develop a lawyer’s, LLLT’s, or LPO’s professional skills including effective lawyering, leadership, career development, communication, and presentation skills; (4) Personal development and mental health, defined as subjects that enhance a lawyer’s, LLLT’s, or LPO’s personal skills, well-being, and awareness of mental health issues. This includes, stress management, and courses about, but not treatment for, anxiety, depression, substance abuse, suicide, and addictive behaviors; (5) Office management, defined as subjects that enhance the quality of service to clients and efficiency of operating an office, including case management, time management, business planning, financial management, office technology, practice development and marketing, client relations, employee relations, and responsibilities when opening or closing an office; (6) Improving the legal system, defined as subjects that educate and inform lawyers, LLLTs, or LPOs about current developments and changes in the practice of law and legal profession in general, including legal education, global perspectives of the law, courts and other dispute resolution systems, regulation of the practice of law, access to justice, and pro bono and low cost service planning; and (7) Nexus subject, defined as a subject matter that does not deal directly with the practice of law but that is demonstrated by the lawyer, LLLT, or LPO, or sponsor to be related to a lawyer’s, LLLT’s, or LPO’s professional role as a lawyer, LLLT, or LPO. (g) Applying for Approval of an Activity. In order for an activity to be approved for MCLE credit, the sponsor or lawyer, LLLT, or LPO must apply for approval as follows. (1) Sponsor. A sponsor must apply for approval of an activity by submitting to the Bar an application fee and an application in a form and manner as prescribed by the Bar by no later than 15 days prior to the start or availability of the activity. (i) Late fee. A late fee will be assessed for failure to apply by the deadline. The Bar may waive the late fee for good cause shown. (ii) Repeating Identical Course. A sponsor is not required to pay an application fee for offering an identical course if the original course was approved and the identical course is offered less than 12 months after the original course.

(iii) Waiver of Application Fee. The Bar shall waive the application fee for a course if the course is offered for free by a government agency or nonprofit organization. This provision does not waive any late fee. (2) Lawyer, LLLT, or LPO. A lawyer, LLLT, or LPO may apply for approval of an activity not already approved or submitted for approval by a sponsor by submitting to the Bar an application in a form and manner as prescribed by the Bar. No application fee is required. (h) Standards for Approval. Application of the standards for approval, including determination of approved subject areas and approved activities in subsections (e) and (f) of this rule, shall be liberally construed to serve the purpose of these rules. To be approved for MCLE credit, all courses, and other activities to the extent the criteria apply, must meet all of the following criteria unless waived by the Bar for good cause shown: (1) A course must have significant intellectual or practical content designed to maintain or improve a lawyer’s, LLLT’s, or LPO’s professional knowledge or skills, competence, character, or fitness; (2) Presenters must be qualified by practical or academic experience or expertise in the subjects presented and not disbarred from the practice of law in any jurisdiction; (3) Written materials in either electronic or hardcopy format must be distributed to all lawyers, LLLTs, and LPOs before or at the time the course is presented. Written materials must be timely and must cover those matters that one would expect for a professional treatment of the subject. Any marketing materials must be separate from the written subject matter materials; (4) The physical setting must be suitable to the course and free from unscheduled interruption; (5) A course must be at least 30 minutes in duration; (6) A course must be open to audit by the Bar or the MCLE Board at no charge except in cases of government-sponsored closed seminars where the reason is approved by the Bar; (7) Presenters, teachers, panelists, etc. are prohibited from engaging in marketing during the presentation of the course; (8) A course must not focus directly on a pending legal case, action, or matter currently being handled by the sponsor if the sponsor is a lawyer, LLLT, or LPO, private law firm, corporate legal department, legal services provider, or government agency; and (9) A course cannot have attendance restrictions based on race, color, national origin, marital status, religion, creed, gender, age, disability, or sexual orientation. (i) Lawyer, LLLT, or LPO Reporting Requirements. (1) Certify Compliance. By February 1 of the year following the end of a lawyer’s, LLLT’s, or LPO’s reporting period, a lawyer, LLLT, or LPO must certify compliance, including compliance by comity certification, with the education requirements for that reporting period in a manner prescribed by the Bar. (2) Notice. Not later than July 1 every year, the Bar shall notify all lawyers, LLLTs, and LPOs who are in the reporting period ending December 31 of that year that they are due to certify compliance.

(3) Delinquency. A lawyer, LLLT, or LPO who does not certify compliance by the certification deadline or by the deadline set forth in any petition decision granting an extension may be ordered suspended from the practice of law as set forth in APR 17. (4) Lawyer, LLLT, or LPO Late Fee. A lawyer, LLLT, or LPO will be assessed a late fee for either (i) or (ii) below but not both. (i) Education Requirements Late Fee. A lawyer, LLLT, or LPO will be assessed a late fee for failure to meet the minimum education requirements of this rule by December 31. Payment of the late fee is due by February 1, or by the date set forth in any decision or order extending time for compliance, or by the deadline for compliance set forth in an APR 17 presuspension notice. (ii) Certification and Comity Late Fee. A lawyer, LLLT, or LPO will be assessed a late fee for failure to meet the certification requirements or comity requirements by February 1. Payment of the late fee is due by the date set forth in any decision or order extending time for compliance or by the deadline for compliance set forth in an APR 17 presuspension notice. (iii) Failure to Pay Late Fee. A lawyer, LLLT, or LPO who fails to pay the MCLE late fee by the deadline for compliance set forth in an APR 17 presuspension notice may be ordered suspended from the practice of law as set forth in APR 17. (5) Petition for Extension, Modification, or Waiver. A lawyer, LLLT, or LPO may file with the MCLE Board an undue hardship petition for an extension, waiver, and/or modification of the MCLE requirements for that reporting period. In consideration of the petition, the MCLE Board shall consider factors of undue hardship, such as serious illness, extreme financial hardship, disability, or military service, that affect the lawyer’s, LLLT’s, or LPO’s ability to meet the education or reporting requirements. The petition shall be filed at any time in a form and manner as prescribed by the Bar, but a petition filed later than 30 days after the date of the APR 17 presuspension notice will not stay suspension for the reasons in the APR 17 presuspension notice. (6) Decision on Petition. The MCLE Board shall as soon as reasonably practical notify the lawyer, LLLT, or LPO of the decision on a petition. A lawyer, LLLT, or LPO may request review of the decision by filing, within 10 days of notice of the decision, a request for a hearing before the MCLE Board. (7) Hearing on Petition. Upon the timely filing of a request for hearing, the MCLE Board shall hold a hearing on the petition. (i) The MCLE Board shall give the lawyer, LLLT, or LPO at least 10 days’ written notice of the time and place of the hearing. (ii) Testimony taken at the hearing shall be under oath and recorded. (iii) The MCLE Board shall issue written findings of fact and an order consistent with these rules as it deems appropriate. The MCLE Board shall provide the lawyer, LLLT, or LPO with a copy of the findings and order. (iv) The MCLE Board’s order is final unless within 10 days from the date thereof the lawyer, LLLT, or LPO files a written notice of appeal with the Supreme Court and serves a copy on the Bar. The lawyer, LLLT, or LPO shall pay to the Clerk of the Supreme Court any required filing fees. (8) Review by the Supreme Court. Within 15 days of filing a notice with the Supreme Court for review of the MCLE Board's findings and order, after such a noncompliance petition

hearing, the lawyer, LLLT, or LPO shall cause the record or a narrative report in compliance with RAP 9.3 to be transcribed and filed with the Bar. (i) The MCLE Board chairperson shall certify that any such record or narrative report of proceedings contains a fair and accurate report of the occurrences in and evidence introduced in the cause. (ii) The MCLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the proceeding before the MCLE Board, which must be certified by the MCLE Board chairperson. (iii) The MCLE Board shall then file promptly with the Clerk of the Supreme Court the record or narrative report of proceedings and the transcripts pertinent to the proceedings before the MCLE Board. (iv) The matter shall be considered by the Supreme Court pursuant to procedures established by order of the Court, which may in the Court’s discretion consist of consideration solely on the basis of the record presented to the MCLE Board. (v) The times set forth in this rule for filing notices of appeal are jurisdictional. The Supreme Court, as to appeals pending before it, may, for good cause shown, (1) extend the time for the filing or certification of said record or narrative report of proceedings and transcripts or (2) dismiss the appeal for failure to prosecute the same diligently. (9) Compliance Audits. The Bar may audit an individual lawyer’s, LLLT’s, or LPO’s compliance certification to substantiate participation in the activities listed in the certification. The Bar may request records from a lawyer, LLLT, or LPO, or sponsor for the purpose of conducting the audit and the lawyer, LLLT, or LPO must comply with all such requests. Where facts exist that indicate a lawyer, LLLT, or LPO may not have participated in the activities certified to, the lawyer, LLLT, or LPO may be referred to the Bar’s Office of Disciplinary Counsel and/or credit for the activities may be rescinded. (j) Sponsor Duties. All sponsors must comply with the following duties unless waived by the Bar for good cause shown: (1) The sponsor must not advertise course credit until the course is approved by the Bar but may advertise that the course credits are pending approval by the Bar after an application has been submitted. The sponsor shall communicate to the lawyer, LLLT, or LPO the number of credits and denominate whether the credits are “law and legal procedure” as defined under subsection (f)(1), “ethics and professional responsibility” as defined under subsection (f)(2), or “other,” meaning any of the other subjects identified in subsections (f)(3)-(7). (2) The sponsor must provide each participant with an evaluation form to complete. The forms or the information from the forms must be retained for two years and provided to the Bar upon request. (3) The sponsor must submit an attendance report in a form and manner as prescribed by the Bar and pay the required reporting fee no later than 30 days after the conclusion of the course. A late fee will be assessed for failure to report attendance by the deadline. (i) Waiver of Reporting Fee. The Bar shall waive the reporting fee for a course if the course is offered for free by a government agency or nonprofit organization. This provision does not waive any late fee. (4) The sponsor must retain course materials for four years from the date of the course. Upon request of the Bar, a sponsor must submit for review any written, electronic, or presentation materials, including copies of audio/visual courses.

(5) The sponsor must keep accurate attendance records and retain them for six years. The sponsor must provide copies to the Bar upon request. (6) The sponsor shall not state or imply that the Bar or the MCLE Board approves or endorses any person, law firm, or company providing goods or services to lawyers, LLLTs, or LPOs, or law firms. (7) Accredited Sponsors. The Bar may approve and accredit sponsoring organizations as “accredited sponsors” subject to procedures and fees established by the Bar. Accredited sponsors have the same duties as sponsors but have the additional responsibility of approving their own courses and determining appropriate MCLE credit in accordance with this rule. Accredited sponsors pay an annual flat fee for all course applications submitted in lieu of an application fee for each individual course. (k) Confidentiality. Unless expressly authorized by the Supreme Court or by the lawyer, LLLT, or LPO, all files and records relating to a lawyer’s, LLLT’s, or LPO’s individual MCLE requirements are confidential and shall be privileged against disclosure except as necessary to conduct an investigation, hearing, and appeal or review pursuant to these rules. This provision does not apply to the Bar except that such records shall not be disclosed to Bar staff responsible for creating or marketing CLE products. [Adopted effective February 12, 1965; Amended effective January 1, 2016; September 1, 2017; September 1, 2022; June 27, 2023; September 1, 2023.]

citation: APR APR 11

rule_number: APR 11


doc_type: court-rule

jurisdiction: wa

title: Limited Practice Rule for Limited Practice Officers

text:
APR 12 LIMITED PRACTICE RULE FOR LIMITED PRACTICE OFFICERS (a) Purpose. The purpose of this rule is to authorize certain persons to select, prepare and complete legal documents incident to the closing of real estate and personal property transactions and to prescribe the conditions of and limitations upon such activities. (b) Limited Practice Board. (1) Composition. The Limited Practice Board (referred to herein as the "LP Board") shall consist of nine members appointed by the Supreme Court. Not less than four of the members of the LP Board must be lawyers admitted to the practice of law in the State of Washington. Four members of the LP Board must be business representatives, one each of the following four industries: escrow, lending, title insurance, and real estate. Appointments shall be for 3-year staggered terms. No member of the LP Board may serve more than two consecutive terms. Terms shall end on September 30 of the applicable year. The Supreme Court shall designate one of the members of the LP Board as chairperson. (2) Duties and Powers. (A) LPO Examination. The LP Board shall work with the Bar and others as necessary to create, maintain, and grade an LPO examination for admission to practice law under this rule. The examination shall consist of such questions as the LP Board may select on such subjects as may be listed by the Board and approved by the Supreme Court. (B) Grievances and discipline. The LP Board’s involvement in the investigation, hearing and appeal procedures for handling complaints of persons aggrieved by the failure of limited practice officers to comply with the requirements of this rule and of the Limited Practice Officer Rules of Professional Conduct shall be as established in the Rules for Enforcement of Limited Practice Officer Conduct (ELPOC). (C) Approval of Forms. The LP Board shall approve standard forms for use by limited practice officers in the performance of legal services authorized by this rule. (D) Rules. The LP Board shall propose to the Supreme Court amendments to these rules as may appear necessary to implement and carry out the provisions of this rule. (3) Expenses of the Board. Members of the LP Board shall not be compensated for their services. For their actual reasonable and necessary expenses incurred in the performance of their duties, they shall be reimbursed according to the Bar’s expense policies. (4) Administration. The administrative support to the LP Board shall be provided by the Bar. All notices and filings required by these rules, including applications for admission as a Limited Practice Officer, shall be sent to the headquarters of the Bar. (c) [Reserved.] (d) Scope of Practice Authorized by Limited Practice Rule. Notwithstanding any provision of any other rule to the contrary, a person licensed as a limited practice officer under this rule may select, prepare, and complete documents in a form previously approved by the LP Board for use by others in, or in anticipation of, closing a loan, extension of credit, sale, or other transfer of interest in real or personal property. Such documents shall be limited to deeds, promissory notes, guaranties, deeds of trust, reconveyances, mortgages, satisfactions, security agreements, releases, Uniform Commercial Code documents, assignments, contracts, real estate excise tax affidavits, bills of sale, and powers of attorney. Other documents may be from time to time approved by the LP Board.

(e) Conditions Under Which Limited Practice Officers May Prepare and Complete Documents. Limited practice officers may render services authorized by this rule only under the following conditions and with the following limitations: (1) Agreement of the Clients. Prior to the performance of the services, all clients to the transaction shall have agreed in writing to the basic terms and conditions of the transaction. In the case of a power of attorney prepared in anticipation of a transaction, the principal(s) and attorney(s)-in-fact shall have provided the limited practice officer consistent written instructions for the preparation of the power of attorney. (2) Disclosures to the Clients. The limited practice officer shall advise the clients of the limitations of the services rendered pursuant to this rule and shall further advise them in writing: (A) that the limited practice officer is not acting as the advocate or representative of either of the clients; (B) that the documents prepared by the limited practice officer will affect the legal rights of the clients; (C) that the clients’ interests in the documents may differ; (D) that the clients have a right to be represented by lawyers of their own selection; and (E) that the limited practice officer cannot give legal advice as to the manner in which the documents affect the clients. The written disclosure must particularly identify the documents selected, prepared, and/or completed by the limited practice officer and must include the name, signature, and number of the limited practice officer. (f) Continuing License Requirements. (1) Continuing Education. Each active limited practice officer must complete a minimum number of credit hours of continuing education, as prescribed by APR 11. (2) Financial Responsibility. Each active limited practice officer shall submit to the LP Board proof of ability to respond in damages resulting from their acts or omissions in the performance of services permitted under APR 12 in one of the following described manners. A. Submit an individual policy for Errors and Omissions insurance in the amount of at least $100, 000; B. Submit an Errors and Omissions policy of the employer or the parent company of the employer who has agreed to provide coverage for the LPO’s ability to respond in damages in the amount of at least $100, 000; C. Submit the LPO’s audited financial statement showing the LPO’s net worth to be at least $200,000; D. Submit an audited financial statement of the employer or other surety who agrees to respond in damages for the LPO, indicating net worth of $200,000 per each limited practice officer employee up to and including five, and an additional $100,000 per each limited practice officer employee over five, who may be subject to the jurisdiction of the Limited Practice Board; or E. Submit proof of indemnification by the limited practice officer’s government employer.

Each active LPO shall certify annually continued financial responsibility in the form and manner as prescribed by the Bar. Each LPO shall notify the Bar of any cancellation or lapse in coverage. When an LPO is demonstrating financial responsibility by (1) an endorsement on the employer’s Errors and Omissions insurance policy or (2) submission on the employer’s audited financial statement accompanied by the Certificate of Financial Responsibility, the Bar shall notify the employer when the LPO’s status changes from Active to another status or when the LPO is no longer admitted to practice. (3) License Fees and Assessments. Each limited practice officer must pay the annual license fee established by the Board of Governors, subject to review by the Supreme Court, and any mandatory assessments as ordered by the Supreme Court. .Provisions in the Bar’s Bylaws regarding procedures for assessing and collecting lawyer license fees and late fees, and regarding deadline, rebates, apportionment, fee reductions, and exemption, and other issues relating to fees and assessment, shall also apply to LPO license fees and late fees. Failure to pay may result in suspension from practice pursuant to APR 17. (4) Trust Account. Each active limited practice officer shall certify annually compliance with rules 1.12A and 1.12B of the LPO Rules of Professional Conduct. Such certification shall be filed in the form and manner as prescribed by the Bar and shall include the bank where each account is held and the account number. Failure to certify may result in suspension from practice pursuant to APR 17. (g) Existing Law Unchanged. This rule shall in no way expand, narrow, or affect existing law in the following areas: (1) The fiduciary relationship between a limited practice officer and their customers or clients; (2) Conflicts of interest that may arise between the limited practice officer and a client or customer; (3) The right to act as one's own attorney under the pro se exception to the unauthorized practice of law including but not limited to the right of a lender to prepare documents conveying or granting title to property in which it is taking a security interest; (4) The lack of authority of a limited practice officer to give legal advice without being licensed to practice law; (5) The standard of care which a limited practice officer must practice when carrying out the functions permitted by this rule. (h) Treatment of Funds Received Incident to the Closing of Real or Personal Property Transactions. Persons admitted to practice under this rule shall comply with LPORPC 1.12A and B regarding the manner in which they identify, maintain, and disburse funds received incidental to the closing of real and personal property transactions, unless they are acting pursuant to APR 12(g)(3). (i) Confidentiality and Public Records. (1) GR 12.4 shall apply to access to LP Board records. (j) Inactive Status. An LPO may request transfer to inactive status after being admitted. An LPO on inactive status is required to pay an annual license fee as established by the Board of Governors and approved by the Supreme Court. An LPO on inactive status is not required to meet the financial responsibility requirements or the MCLE requirements. (k) Reinstatement to Active Status. An LPO on inactive status or suspended from

practice may return to active status by filing an application and complying with the procedures set forth for lawyer members of the Bar in the Bar’s Bylaws. (l) Voluntary Resignation. Any LPO may request to voluntarily resign the LPO license by notifying the Bar in such form and manner as the Bar may prescribe. If there is a disciplinary investigation or proceeding then pending against the LPO, or if the LPO has knowledge that the filing of a grievance of substance against such LPO is imminent, resignation is permitted only under the provisions of the applicable disciplinary rules. An LPO who resigns the LPO license cannot practice law in Washington in any manner, unless they are licensed or authorized to do so by the Supreme Court. Comments [1] Comment re APR 12(d) Powers of attorney authorizing a person to negotiate and sign documents in anticipation of, or in the closing of, a transaction are included in the documents limited practice officers are authorized to prepare. Such documents may include, but are not limited to, purchase and sale agreements for real or personal property, loan agreements, and letters of intent. [2] Comment re LPO Professional Standard Of Care The purpose of this comment is to discuss the legal standard of care to which a limited practice officer is subject, while also clarifying the limited duties of a limited practice officer compared to an attorney when selecting and preparing legal documents and to show the greater breadth of a lawyer's duties and services which a party may not expect when engaging a limited practice officer. Generally, when anyone selects and prepares a legal document for another, they (including licensed limited practice officers) will be held to the standard of a lawyer: “to comply with the duty of care, an attorney must exercise the degree of care, skill, diligence, and knowledge commonly possessed and exercised by a reasonable, careful, and prudent lawyer in the practice of law in this jurisdiction ... .” Hizey v. Carpenter, 119 Wn.2d 251, 261, 830 P.2d 246 (1992). However, when selecting and preparing approved forms a limited practice officer, though having a limited license to practice law as defined and limited in APR 12, will not be authorized or charged with many of the duties of a lawyer. Except as provided otherwise in APR 12 rules and regulations, these include the duty to investigate legal matters, to form legal opinions (including but not limited to the capacity of an individual to sign for an entity or whether a legal document is effective), to give legal advice (including advice on how a legal document affects the rights or duties of a party), or to consult with a party on the advisability of a transaction. See also LPORPC 1.1, Competence, and LPORPC 1.3, Communication. APR 12 APPENDIX. [Reserved.] [Adopted effective February 12, 1965; Amended effective January 21, 1983; October 28, 1983; September 13, 1985; December 9, 1995; July 1, 2002; January 1, 2009; March 1, 2016; September 1, 2017; January 1, 2023.]

license: public-domain-government-work

citation: APR APR 12

rule_set: APR

rule_number: APR 12


title: Signing of Pleadings and Other Papers; Address of Record; Electronic Mail Address; Notice of Change of Address, Telephone Number, or Name

text: APR 13 SIGNING OF PLEADINGS AND OTHER PAPERS; ADDRESS OF RECORD; ELECTRONIC MAIL ADDRESS; NOTICE OF CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME (a) Signing of Pleadings and Other Papers. All pleadings and other papers signed by a lawyer, LLLT, or LPO and filed with a court shall include the lawyer’s, LLLT’s, or LPO’s Bar number in the signature block. The law department of a municipality, county, or state, public defender organization or law firm is authorized to make an application to the Administrative Office of the Courts for an office identification number. An office identification number may be assigned by the Administrative Office of the Courts upon a showing that it will facilitate the process of electronic notification. If an office identification number is granted, it shall appear with the lawyer’s, LLLT’s, or LPO’s Bar number in the signature block. (b) Address of Record; Change of Address. A lawyer, LLLT, or LPO must advise the Bar of a current mailing address and telephone number. The mailing address shall be the lawyer’s, LLLT’s, or LPO’s public address of record. A lawyer, LLLT, or LPO whose mailing address or telephone number changes shall, within 10 days after the change, notify the Bar, which shall forward changes weekly to the Administrative Office of the Court for entry into the state computer system. The notice shall be in a form acceptable to the Bar and shall include (1) the lawyer’s, LLLT’s, or LPO’s full name, (2) the lawyer’s, LLLT’s, or LPO’s Bar number, (3) the previous address and telephone number, clearly identified as such, (4) the new address and telephone number, clearly identified as such, and (5) the effective date of the change. The courts of this state may rely on the address information contained in the state computer system in issuing notices in pending actions. (c) Electronic mail address. A lawyer, LLLT, or LPO shall advise the Bar of a current electronic mail address. A lawyer, LLLT, or LPO whose electronic mail address changes shall, within 10 days after the change, notify the Bar, which shall forward changes weekly to the Administrative Office Court for entry into the state computer system. Use of electronic mail addresses for court notice, service and filing must comply with GR 30. (d) Change of Name. A lawyer, LLLT, or LPO whose name changes shall, within 10 days after the change, notify the Bar, which shall forward changes weekly to the Administrative Office of the Court for entry into the state computer system. The notice shall be in a form acceptable to the Bar Association and shall contain (1) the full previous name, clearly identified as such, (2) the full new name, clearly identified as such, (3) the lawyer’s, LLLT’s, or LPO’s Bar number, and (4) the effective date of the change. (e) Requirements of Local and Other Court Rules Not Affected. The responsibility of a party or a lawyer, LLLT, or LPO to keep the court and other parties and lawyers, LLLTs, or LPOs informed of the party's or lawyer’s, LLLT’s, or LPO’s correct name and current address, as may be required by local or other court rule, is not affected by this rule. [Adopted effective February 12, 1965; Amended effective September 1, 1990; October 30, 2001; September 1, 2005; April 30, 2013; January 1, 2014; September 1, 2017; September 1, 2025.]

citation: APR APR 13

rule_number: APR 13


title: Limited Practice Rule for Foreign Law Consultants

text:
APR 14 LIMITED PRACTICE RULE FOR FOREIGN LAW CONSULTANTS (a) Purpose. The purpose of this rule is to authorize lawyers from a foreign country to advise or consult about foreign law and to prescribe the conditions and limitations upon such limited practice. (b) Qualifications. (1) To qualify as a Foreign Law Consultant applicant for admission to the limited practice of law in the State of Washington as provided in these rules, a person must: (i) Present satisfactory proof of both admission to the practice of law, together with current good standing, in a foreign jurisdiction, and active legal experience as a lawyer or counselor at law or the equivalent in a foreign jurisdiction for at least 5 of the 7 years immediately preceding the application; and (ii) Possess good moral character and fitness to practice law as defined in APR 20; and (iii) Execute under oath and file with the Bar an application in such form as may be required by the Bar; and (iv) File with the application a certificate from the authority in such foreign country having final jurisdiction over professional discipline, certifying as to the applicant’s admission to practice, and the date thereof, and as to the good standing of such lawyer or counselor at law or the equivalent, together with a duly authenticated English translation of such certificate, if it is not in English; and (v) File with the application a letter of recommendation from one of the members of the executive body of such authority or from one of the judges of the highest law court or courts of original jurisdiction of such foreign country, together with a duly authenticated English translation of such letter, if it is not in English; and (vi) Provide with the application such other evidence of the applicants educational and professional qualifications, good moral character and fitness and compliance with the requirements of this rule as the Board of Governors may require; and (vii) Pay upon the filing of the application a fee equal to that required to be paid by a lawyer applicant to take the lawyer bar examination. (2) Upon a showing that strict compliance with the provisions of subsections (b)(1)(iv) or (b)(1)(v) would cause the applicant unnecessary hardship, the Bar may at its discretion waive or vary the application of such provisions and permit the applicant to furnish other evidence in lieu thereof. (c) Procedure. The Bar shall approve or disapprove applications for Foreign Law Consultants licenses. Additional proof of any facts stated in the application may be required by the Bar. In the event of the failure or refusal of the applicant to furnish any information or proof, or to answer any inquiry of the Board pertinent to the pending application, the Bar may deny the application. Upon approval of the application by the Bar, the Bar shall recommend to the Supreme Court that the applicant be granted a license for the purposes herein stated. The Supreme Court may enter an order licensing to practice those applicants it deems qualified, conditioned upon such applicant’s: (1) Taking and filing with the Clerk of the Supreme Court the Oath of Attorney pursuant to APR 5; and

(2) Paying to the Bar the license fee and any mandatory assessments for the current year in the maximum amount required of active lawyer members; and (3) Filing with the Bar in writing their address in the State of Washington, or the name and address of their registered agent as provided in APR 13, together with a statement that the applicant has read the Rules of Professional Conduct and Rules for Enforcement of Lawyer Conduct, is familiar with their contents and agrees to abide by them. (d) Scope of Practice. A Foreign Law Consultant shall be authorized to engage in the limited practice of law only as authorized by the provisions of this rule. A Foreign Law Consultant may not: (1) Appear for a person other than the Foreign Law Consultant as lawyer in any court or before any magistrate or other judicial officer in this state (other than upon permission for a particular action or proceeding pursuant to rule 8(b)) or prepare pleadings or any other papers or issue subpoenas in any action or proceeding brought in any court or before any judicial officer of this state; (2) Prepare any deed, mortgage, assignment, discharge, lease or any other instrument affecting title to real estate located in the United States; or (3) Prepare any will or trust instrument affecting the disposition on death of any property located in the United States and owned by a resident thereof; or any instrument related to the administration of a decedents estate in the United States; or (4) Prepare any instrument with respect to the marital relations, rights or duties of a resident of the United States, or the custody or care of the children of such a resident; or (5) Render legal advice on the law of the State of Washington, of any other state or territory of the United States, of the District of Columbia or of the United States (whether rendered incident to preparation of legal instruments or otherwise) unless and to the extent that the Foreign Law Consultant is admitted to practice law before the highest court of such other jurisdiction; or (6) In any way hold themself out as a member of the Bar of the State of Washington; or (7) Use any title other than “Foreign Law Consultant,” the firm name, and/or authorized title used in the foreign country where the Foreign Law Consultant is admitted to practice. In each case, such title or name shall be used in conjunction with the name of such foreign country. (e) Regulatory Provisions. A Foreign Law Consultant shall be subject to the Rules for Enforcement of Lawyer Conduct and the Rules of Professional Conduct as adopted by the Supreme Court and to all other laws and rules governing lawyers admitted to the Bar of this state, except for the requirements of APR 11 relating to mandatory continuing legal education. Jurisdiction shall continue whether or not the Consultant retains the authority for the limited practice of law in this state, and regardless of the residence of the Consultant. (f) Continuing Requirements. (1) Annual Fee and Assessments. A Foreign Law Consultant shall pay to the Bar an annual license fee and any mandatory assessments for the current year in the maximum amount required of active lawyer members. (2) Report. A Foreign Law Consultant shall promptly report to the Bar any change in their status in any jurisdiction where they are admitted to practice law.

(g) Termination of License. A limited license is granted at the sufferance of the Supreme Court and may be revoked at any time upon the courts own motion, or upon the motion of the Bar, with or without cause, including failure to comply with the terms of this rule. (h) Reciprocity. A Foreign Law Consultant applicant shall demonstrate that the country or jurisdiction from which they apply does not impose, by any law, rule or regulation, any requirements, limitations, restrictions or conditions upon the admission of members of the Bar as Foreign Law Consultants in that foreign country or jurisdiction that are significantly more limiting or restrictive than the requirements of this rule. The Supreme Court may deny a license to a Foreign Law Consultant applicant on that basis, or may impose similar limitations, restrictions or conditions upon foreign legal consultant applicants from that foreign country or jurisdiction. [Adopted effective February 12, 1965; Amended effective September 1, 1990; December 28, 1999; October 1, 2002; November 25, 2003; January 2, 2007; September 1, 2017; December 5, 2017; January 1, 2023.]

citation: APR APR 14

rule_number: APR 14


title: Client Protection Fund

text:
APR 15 CLIENT PROTECTION FUND (a) Purpose. The purpose of this rule is to create a Client Protection Fund (the Fund), to be maintained and administered as a trust by the Bar, in order to promote public confidence in the administration of justice and the integrity of the legal profession. (b) Establishment. The Fund shall be established and funded through assessments ordered by the Supreme Court to be paid by members and other licensees to the Bar. (1) The Board of Governors shall act as Trustees for the Fund. (2) The Board of Governors shall appoint a Client Protection Board, to help administer the Fund pursuant to these rules. The Client Protection Board shall consist of 11 lawyers, LLLTs, or LPOs and two community representatives who are not licensed to practice law, who shall be appointed to serve staggered three-year terms. (3) Funds accruing and appropriated to the Fund may be used for the purpose of relieving or mitigating a pecuniary loss sustained by any person by reason of the dishonesty of, or failure to account for money or property entrusted to, any lawyer, LLLT, or LPO of the Bar as a result of or directly related to the lawyer’s, LLLT’s, or LPO’s practice of law, or while acting as a fiduciary in a matter directly related to the lawyer, LLLT’s, or LPO’s practice of law. Such funds may also, through the Fund, be used to relieve or mitigate like losses sustained by persons by reason of similar acts of an individual who was at one time admitted to the practice of law in Washington as a lawyer, LLLT, or LPO but who was at the time of the act complained of under a court ordered suspension. (4) The Fund shall not be used for the purpose of relieving any pecuniary loss resulting from a lawyer’s, LLLT’s, or LPO’s negligent performance of services or for acts performed after a lawyer, LLLT, or LPO is disbarred or revoked. (5) Payments from the Fund shall be considered gifts to the recipients and shall not be considered entitlements. (c) Funding. The Supreme Court may by order provide for funding by assessment of lawyers, LLLTs, and LPOs in amounts determined by the court upon the recommendation of the Board of Governors. (d) Enforcement. Failure to pay any fee assessed by the Supreme Court in the manner and by date specified by the Bar shall be a cause for suspension from practice until payment has been made. (e) Restitution. A lawyer, LLLT, or LPO whose conduct results in payment to an applicant shall be liable to the Fund for restitution. (1) A lawyer, LLLT, or LPO on Active status must pay restitution to the Fund in full within 30 days of final payment by the Fund to an applicant unless the lawyer, LLLT, or LPO enters into a periodic payment plan with Bar counsel assigned to the Client Protection Board. (2) Lawyers, LLLTs, or LPOs on disciplinary or administrative suspension; disbarred or revoked lawyers, LLLTs, or LPOs; and lawyers, LLLTs, or LPOs on any status other than disability inactive must pay restitution to the Fund in full prior to returning to Active status, unless the attorney enters into a periodic payment plan with Bar counsel assigned to the Client Protection Board. (3) A lawyer, LLLT, or LPO who returns from disability inactive status as to whom an award has been made shall be required to pay restitution if and as provided in Procedural

Regulation 6(I). (4) Restitution not paid within 30 days of final payment by the Fund to an applicant shall accrue interest at the maximum rate permitted under RCW 19.52.050. (5) Bar counsel assigned to the Client Protection Board may, in the bar counsel’s sole discretion, enter into an agreement with a lawyer, LLLT, or LPO for a reasonable periodic payment plan if the lawyer, LLLT, or LPO demonstrates in writing the present inability to pay assessed costs and expenses. (A) Any payment plan entered into under this rule must provide for interest at the maximum rate permitted under RCW 19.52.050. (B) A lawyer, LLLT, or LPO may ask the Client Protection Board to review an adverse determination by Bar counsel regarding specific conditions for a periodic payment plan. The Chair of the Client Protection Board directs the procedure for Client Protection Board review, and the Client Protection Board’s decision is not subject to further review. (6) A lawyer’s, LLLT’s, or LPO’s failure to comply with an approved periodic payment plan or to otherwise pay restitution due under this Rule may be grounds for denial of status change or for discipline. (f) Administration. The Bar shall maintain and administer the Fund in a manner consistent with these rules and Regulations. (g) Subpoenas. A lawyer member of the Client Protection Board, or Bar Counsel assigned to the Client Protection Board, shall have the power to issue subpoenas to compel the attendance of the lawyer, LLLT, or LPO being investigated or of a witness, or the production of books, or documents, or other evidence, at the taking of a deposition. A subpoena issued pursuant to this rule shall indicate on its face that the subpoena is issued in connection with an investigation under this rule. Subpoenas shall be served in the same manner as in civil cases in the superior court. (h) Reports. The Bar shall file with the Supreme Court a full report on the activities and finances of the Fund at least annually and may make other reports to the court as necessary. (i) Communications to the Bar. Communications to the Bar, Board of Governors (Trustees), Client Protection Board, Bar staff, or any other individual acting under the authority of these rules, are absolutely privileged, and no lawsuit predicated thereon may be instituted against any applicant or other person providing information. [Adopted effective February 12, 1965; Amended effective September 1, 1994; October 1, 2002; January 2, 2008; January 13, 2009; December 1, 2009; January 1, 2014; September 1, 2017; January 1, 2023.]

citation: APR APR 15

rule_number: APR 15


title: Reserved

text: APR 16 [RESERVED] [Adopted effective September 1, 1999; Amended effective October 1, 2002; January 2, 2008; September 1, 2017.]

citation: APR APR 16

rule_number: APR 16


title: Administrative Suspension from Practice

text: APR 17 ADMINISTRATIVE SUSPENSION FROM PRACTICE (a) Basis for Suspension From Practice—Mandatory. The Bar shall request that the Supreme Court suspend a lawyer, LLLT, or LPO from the practice of law upon: (1) notification from the Department of Social and Health Services that the lawyer, LLLT, or LPO is more than six months delinquent in noncompliance with a valid and enforceable order entered by a court of competent jurisdiction requiring the lawyer, LLLT, or LPO to pay child support; or (2) failure of a lawyer, LLLT, or LPO to comply with licensing requirements under these rules, the applicable disciplinary rules, or the Bar’s Bylaws. This includes but is not limited to a lawyer’s, LLLT’s, or LPO’s: (A) failure to pay the annual license fee or late payment fee to the Bar; (B) failure to pay to the Bar any mandatory assessments ordered by the Supreme Court including the Client Protection Fund assessment; (C) failure to comply with MCLE requirements; (D) failure to comply with financial responsibility or professional liability insurance requirements; and (E) failure to file annual trust account information. (b) Basis for Suspension From Practice—Discretionary. The Bar may request that the Supreme Court suspend a lawyer, LLLT, or LPO from the practice of law upon failure to timely notify the Bar of a change in the lawyer’s, LLLT’s, or LPO’s name, address, phone number, or e-mail address as required under APR 13. (c) Notice and Order of Suspension. The Bar shall provide at least 60 days written notice of intent to seek suspension to a lawyer, LLLT, or LPO at the lawyer’s, LLLT’s, or LPO’s address of record with the Bar. The Bar shall establish notice procedures consistent with this rule. A lawyer, LLLT, or LPO shall have a right to submit proof that the grounds for the suspension do not exist or no longer exist. After such notice the Court may enter an order suspending the lawyer, LLLT, or LPO from practice. (d) Change of Status After Suspension Pursuant to This Rule. A lawyer, LLLT, or LPO who has been administratively suspended under this rule shall have a right to submit proof to the Bar that the grounds for suspension no longer exist. The lawyer, LLLT, or LPO must adhere to status change procedures established by the Bar. The Court may enter an order changing status upon determination said proof is satisfactory and so long as the lawyer, LLLT, or LPO meets all other requirements to practice law. (e) Rules of Professional Conduct Not Superseded. Nothing in this rule supersedes any of the Rules of Professional Conduct. [Adopted effective September 1, 1999; Amended effective October 1, 2002; January 1, 2014; September 1, 2017; September 1, 2025.]

citation: APR APR 17

rule_number: APR 17


title: Reserved

text: APR 18 [RESERVED] [Adopted effective September 21, 1999; Amended effective October 1, 2002; June 1, 2006; January 1, 2014.]

citation: APR APR 18

rule_number: APR 18


title: Lawyer, LLLT, and LPO Services

text:
APR 19 LAWYER, LLLT, AND LPO SERVICES (a) Purpose. The purpose of this rule is to protect the public, to assist lawyers, LLLTs, and LPOs 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, LLLTs, and LPOs Assistance Program (LAP). (1) Authorization. The Bar is authorized to create a program to help prevent and alleviate problems that may detrimentally influence a lawyer’s, LLLTs, or LPOs performance, including physical illnesses, emotional problems or addictions. (2) Confidentiality. Confidential communications between a LAP client and staff or peer counselors of the Lawyers’, LLLTs’, or LPOs’ Assistance Program shall be privileged against disclosure without the consent of the LAP 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 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, 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 or individual shall have acted in good faith. The burden of proving bad faith in this context shall be upon the person asserting it. The Bar shall provide defense to any action brought against an officer or agent of the Bar 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, 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 (LOMAP). (1) Authorization. The Bar is authorized to create a program to help improve the quality of legal services by assisting lawyers, LLLTs, and LPOs to better manage their offices and improve the professional delivery of legal services. (2) Confidentiality. Information obtained by Bar staff or agents of the Law Office Management Assistance Program shall be confidential unless: (i) the assisted lawyer, LLLT, or LPO consents to disclosure; (ii) disclosure, based upon reasonable belief, is necessary to prevent the assisted lawyer, LLLT, or LPO from committing a crime; or (iii) pursuant to court order.

(e) Professional Responsibility Program. (1) Authorization. The Bar is authorized to maintain a program to assist lawyers, LLLTs, or LPOs in complying with their obligations under the Rules of Professional Conduct, thereby enhancing the quality of legal representation provided by Washington lawyers, LLLTs, and LPOs. (2) Professional Responsibility Counsel. “Professional responsibility counsel” denotes a lawyer employed or appointed by the Bar to act as counsel on the Bar’s behalf in performing duties under part (e) of this rule, and any other lawyer employed or appointed by the Bar, including but not limited to disciplinary counsel or general counsel, whenever such lawyer is temporarily performing those duties. (3) Ethics Inquiries. Any member of the Bar, or any lawyer, LLLT, LPO, or legal intern admitted, licensed, or permitted by rule to practice law in this state, may direct an ethics inquiry to professional responsibility counsel. Such inquiries should be made by telephone to the Bar’s designated ethics inquiry telephone line. The provisions of this rule also apply to ethics inquiries initially submitted in writing, including facsimile, e-mail, or other electronic means, but do not apply to requests for written ethics opinions directed to the Bar’s Committee on Professional Ethics or its equivalent. (4) Scope. An inquirer may request the guidance of professional responsibility counsel in identifying, interpreting or applying the Rules of Professional Conduct as they relate to their prospective ethical conduct. If the inquiry presents a set of facts, those facts should ordinarily be presented in hypothetical format. Professional responsibility counsel provides only informal guidance. Professional responsibility counsel provides no legal advice or opinions, and the inquirer is responsible for making their own decision about the ethical issue presented. The inquiry shall be declined if it (i) requires analysis or resolution of legal issues other than those arising under the Rules of Professional Conduct, (ii) seeks an opinion about the ethical conduct of a person other than the inquirer, or (iii) seeks an opinion about the ethical propriety of the inquirer’s past conduct. (5) Limitations and Inadmissibility. Neither the making of an inquiry nor the providing of information by professional responsibility counsel under this rule creates a client-lawyer relationship. Any information or opinion provided during the course of an ethics inquiry is the informal, individual view of professional responsibility counsel only. No information relating to an ethics inquiry, including the fact that an inquiry has been made, its content, or the response thereto, may be asserted in response to any grievance or complaint under the applicable disciplinary rules, nor is such information admissible in any proceeding under the applicable disciplinary rules. (6) Records. Professional responsibility counsel shall not make or maintain any permanent record of the identity of an inquirer or the substance of a specific inquiry or response. Professional responsibility counsel may keep records of the number of inquiries and the nature and type of inquiries and responses. Such records shall be used solely to aid the Bar in developing the Professional Responsibility Program and developing additional educational programs. Such records shall be exempt from public inspection and copying and shall not be subject to discovery or disclosure in any proceeding. (7) Confidentiality. Communications between an inquirer and professional responsibility counsel are confidential and shall be privileged against disclosure except by consent of the

inquirer or as authorized by the Supreme Court. Professional responsibility counsel shall not use or reveal information learned during the course of an ethics inquiry except as RPC 1.9 would permit with respect to information of a former client. The provisions of RPC 8.3 do not apply to information received by professional responsibility counsel during the course of an ethics inquiry. (f) Communications to the Bar. Communications to the Bar, Board of Governors, staff, or any other individual acting under the authority of this rule, are absolutely privileged, and no lawsuit predicated thereon may be instituted against them or other person providing information. [Adopted effective September 1, 2001; Amended effective April 1, 2003; December 4, 2007; January 2, 2008; December 28, 2010; September 1, 2017; January 1, 2023.]

citation: APR APR 19

rule_number: APR 19


title: Definitions Relating to Character and Fitness Determinations Determinations

text:
APR 20 DEFINITIONS RELATING TO CHARACTER AND FITNESS DETERMINATIONS (a) Applicant. “Applicant” as used in APR 20-25.6 means every applicant for admission to practice law, for limited admission or licensure to practice law, for enrollment in the APR 6 law clerk program, or for change of membership class or status under the Bar’s bylaws. In matters involving investigations or hearings pursuant to the filing of a petition for reinstatement by a disbarred or revoked lawyer, LLLT, or LPO, “applicant” shall also include a petitioner for reinstatement. (b) Bar Counsel. “Bar Counsel” as used in APR 20-25.6 means one or more lawyers employed by the Bar who shall represent the Bar in reviewing applications for admission, readmission, and licensure or at hearings before the Character and Fitness Board and/or act as counsel to the Character and Fitness Board. Bar Counsel who represents the Bar at hearings before the Character and Fitness Board may make a recommendation in support of or in opposition to the admission, licensure, enrollment, or reinstatement of an applicant. (c) Good Moral Character. Good moral character is a record of conduct manifesting the qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibilities, adherence to the law, and a respect for the rights of other persons and the judicial process. (d) Fitness to Practice Law. Fitness to practice law is a record of conduct that establishes that the applicant meets the essential eligibility requirements for the practice of law. (e) Essential Eligibility Requirements. The essential eligibility requirements for the practice of law are: (1) The ability to exercise good judgment and to conduct oneself with a high degree of honesty, integrity, and trustworthiness in financial dealings, legal obligations, professional relationships, and in one’s professional business. (2) The ability to conduct oneself in a manner that engenders respect for the law and adheres to the Washington Rules of Professional Conduct. (3) The ability to diligently, reliably, and timely perform legal tasks and fulfill professional obligations to clients, lawyers, LLLTs, LPOs, courts, and others. (4) The ability to competently undertake fundamental legal skills commensurate with the lawyer, LLLT, or LPO license applied for, such as legal reasoning and analysis, recollection of complex factual information and integration of such information with complex legal theories, problem solving, and recognition and resolution of ethical dilemmas; and (5) The ability to communicate comprehensibly with clients, lawyers, LLLTs, LPOs, courts, and others, with or without the use of aids or devices. (f) Health Diagnosis. “Health diagnosis” as used in APR 20-25.6 means a determination or conclusion regarding a sensory, mental, or physical condition that: (1) Is medically cognizable or diagnosable; or (2) Exists in a record or history; or (3) Is perceived to exist whether or not it exists in fact. (g) Disbarred or Disbarment. “Disbarred” or “disbarment” as used in APR 20-25.6 includes those terms as applied to lawyers or others and also includes the terms “revoked” or “revocation” when referring to LLLT or LPO licenses.

[Adopted effective October 1, 2002; Amended effective September 1, 2006; January 1, 2014; September 1, 2016; September 1, 2017.]

citation: APR APR 20

rule_number: APR 20


title: Application of Rules

text: APR 20.1 APPLICATION OF RULES These rules and any subsequent amendments will apply in their entirety on the effective date as ordered by the Supreme Court to any pending matter except as would not be feasible or would work an injustice. The chair may rule on the appropriate procedure with a view to ensuring a fair and orderly proceeding. [Adopted effective September 1, 2006; Amended effective January 1, 2014; September 1, 2016.]

citation: APR APR 20.1


title: Meetings (DELETED)

text: APR 20.2 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 20.2


title: Bar Counsel (DELETED)

text: APR 20.3 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 20.3


title: Clerk (DELETED)

text: APR 20.4 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 20.4


title: Service (DELETED)

text: APR 20.5 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 20.5


title: Factors Considered when Determining character and Fitness

text:
APR 21 FACTORS CONSIDERED WHEN DETERMINING CHARACTER AND FITNESS (a) Factors Considered. The following factors shall be considered when determining an applicant’s good moral character and fitness to practice law; (1) unlawful conduct; (2) academic misconduct; (3) making of false statements or omitting material information in connection with an application for limited admission to practice law, to take an examination required for admission, or otherwise for licensure or admission to practice law; (4) misconduct in employment; (5) acts involving dishonesty, making false statements, fraud, deceit, or misrepresentation; (6) abuse of legal process; (7) neglect of financial responsibilities; (8) disregard of professional obligations; (9) violation of a court order; (10) conduct demonstrating an inability to meet one or more essential eligibility requirements for the practice of law; (11) denial of admission to the bar in this or another jurisdiction on character and fitness grounds; (12) disciplinary action by any professional licensing or disciplinary agency of any jurisdiction; (13) conduct that physically threatens or harms another person; and (14) any other conduct that reflects adversely on moral character or fitness of the applicant to practice law. (b) Aggravating and Mitigating Factors. The following factors shall be considered in mitigation or aggravation when determining an applicant’s good moral character or fitness to practice law: (1) applicant’s age at the time of the conduct; (2) recency of the conduct; (3) reliability of the information concerning the conduct; (4) seriousness of the conduct; (5) factors or circumstances underlying the conduct; (6) cumulative nature of the conduct; (7) candor in the admissions process and before the Character and Fitness Board;

(8) materiality of any omissions or misrepresentations; and (9) evidence of rehabilitation, recovery, or remission, which may include but is not limited to the following, no single one of which is determinative; (i) absence of recent misconduct; (ii) compliance with any disciplinary, judicial, or administrative order arising out of the misconduct; (iii) sufficiency of punishment; (iv) restitution of funds or property, where applicable; (v) applicant’s attitude toward the misconduct, including without limitation acceptance of responsibility and remorse; (vi) personal assurances, supported by corroborating evidence, of a desire and intent to engage in exemplary conduct in the future; (vii) constructive activities and accomplishments since the conduct in question; (viii) the applicant’s understanding and acceptance of the factors leading to the misconduct and how similar misconduct may be avoided in the future; (ix) length of time in which the applicant has been in recovery, or remission, where applicable, and if it is less than two years, expert opinion that the period of treatment, recovery, or remission is adequate for the Applicant to meet the essential eligibility requirements for the practice of law; and (x) compliance with any recommended or prescribed treatment plans. (c) Nondiscrimination Policy. In determining good moral character and fitness to practice law, the Bar and the Character and Fitness Board shall not discriminate against any applicant on the basis of: (1) race, color, or ethnic identity; (2) gender or gender identity; (3) sexual orientation; (4) marital status; (5) creed or religion; (6) political beliefs or affiliation; (7) sensory, mental, or physical disability; (8) national origin; (9) age; (10) honorably discharged veteran or military status;

(11) use of a trained service animal by a person with a disability; or (12) any other class protected under state or federal law. [Adopted effective September 1, 2006; Amended effective September 1, 2016; September 1, 2017.]

citation: APR APR 21

rule_number: APR 21


title: Character and Fitness Review of Applications for Admission: Applicant Duties and Rights

text: APR 22 CHARACTER AND FITNESS REVIEW OF APPLICATIONS FOR ADMISSION; APPLICANT DUTIES AND RIGHTS [RESCINDED] [Adopted effective September 1, 2006; Amended effective January 1, 2014; Rescinded effective September 1, 2016.]

citation: APR APR 22

rule_number: APR 22


title: Review of Applications

text:
APR 22.1 REVIEW OF APPLICATIONS (a) Admissions Staff Review. All applications for admission or licensure to practice law in Washington State or to change membership class or status with the Bar, and all petitions for readmission to the practice of law in Washington State shall be reviewed by the Bar admissions staff for purposes of determining whether any of the factors set forth in APR 21(a) are present. (b) Referral to Bar Counsel—Standard. All applications and petitions that reflect one or more of the factors set forth in APR 21(a) shall be referred to Bar Counsel for review. (c) Review by Bar Counsel. Upon receiving a referral from the Bar admissions staff, Bar Counsel may conduct such further investigation as they deem necessary. Bar counsel may issue subpoenas to compel attendance of an applicant or witness, or the production of books, documents, or other evidence, at a deposition or hearing. Subpoenas shall be served in the same manner as in civil cases in the superior court. Any investigation or inquiry into a health diagnosis, alcohol or drug dependence, or treatment for either must comply with subsections (e) and (f) of this Rule. (d) Referral for Hearing—Standard. Bar Counsel shall refer to the Character and Fitness Board for hearing any applicant about whom there is a substantial question whether the applicant possess the requisite good moral character and fitness to practice law. In determining whether a substantial question exists, Bar Counsel shall apply the factors and considerations set forth in APR 21(a) and review the material evidence in the light most favorable to the Bar’s obligation to recommend the licensure or admission to the practice of law of only those persons who possess good moral character and fitness to practice law. (e) Basis for Inquiry into Health Diagnosis and Drug or Alcohol Dependence. Any inquiry by the Bar or the Character and Fitness Board about drug or alcohol dependence, a health diagnosis, or treatment for either can occur only if it appears that the applicant has engaged in conduct that demonstrates the inability to meet one or more of the essential eligibility requirements and (1) the drug or alcohol dependence, health diagnosis, or treatment information was disclosed voluntarily to explain the conduct or as a voluntary response to any question on the application; or (2) the or the Character and Fitness Board learns from a third-party source that the drug or alcohol dependence, health diagnosis, or treatment was raised as an explanation for the conduct. (f) Scope of Inquiry into Health Diagnosis and Drug or Alcohol Dependence. When a basis for an inquiry by the Bar or the Character and Fitness Board has been established under subsection (e), any such inquiry must be narrowly, reasonably, and individually tailored and adhere to the following: (1) The first inquiry will be to request statements from the applicant; (2) Following completion of the inquiry in subsection (f)(1) above, additional statements may be requested from treatment providers if reasonably deemed necessary by the Bar or the Character and Fitness Board. The statements of treatment providers shall be accorded considerable weight; and (3) In those cases in which the statements from the applicant and treatment providers do not resolve reasonable concerns about the applicant’s ability to meet the essential eligibility requirements, the Bar or Character and Fitness Board may seek medical or treatment records. Any requests for medical or treatment records shall be by way of narrowly tailored requests and

releases that provide access only to information that is reasonably necessary to assess the applicant’s ability to meet the essential eligibility requirements. (4) Any testimony or records from medical or other treatment providers may be admitted into evidence at a hearing on, or review of, the applicant’s fitness and transmitted with the record on review to the Disciplinary Board and/or the Supreme Court. Records and testimony regarding the applicant’s fitness shall otherwise be kept confidential in all respects, and neither the records nor the testimony of the medical or treatment provider shall be discoverable or admissible in any other proceeding or action without the written consent of the applicant. [Adopted effective September 1, 2016; Amended effective September 1, 2017; January 1, 2023.]

citation: APR APR 22.1


title: Applicant Duties and Rights

text: APR 22.2 APPLICANT DUTIES AND RIGHTS (a) Duty of Applicant. It shall be the duty of every Applicant to cooperate in good faith with any investigation by promptly furnishing written or oral explanations, documents, releases, authorizations, or anything else reasonably required by Bar Counsel, the Bar, or the Character and Fitness Board consistent with these rules. Failure to appear as directed or to furnish additional proof or answers as required or to cooperate fully shall be sufficient reason to reject or recommend the rejection of an application. (b) Applicant Contact with Character and Fitness Board. Applicants shall not have direct contact with any member of the Character and Fitness Board from the time the applicant’s application is filed with the Bar until the matter is finally resolved by the Character and Fitness Board or the Supreme Court, except to the extent direct contact is required during the hearing. If the applicant believes that communication with the Character and Fitness Board is necessary outside the hearing, such communication shall take place through Bar Counsel. If the applicant believes that contact about the applicant’s matter with members of the Character and Fitness Board is necessary after the matter is finally resolved by the Character and Fitness Board or the court, such contact should be made only through Bar Counsel. (c) Applicant Right to Counsel. An applicant may be represented by counsel at any time during the application process. [Adopted effective September 1, 2016; Amended effective September 1, 2017.]

citation: APR APR 22.2


title: Character and Fitness Board

text:
APR 23 CHARACTER AND FITNESS BOARD (a) Composition. The Character and Fitness Board shall consist of not less than three community representatives who are not licensed to practice law, appointed by the Supreme Court, and not less than one lawyer, LLLT, or LPO member from each congressional district, appointed by the Board of Governors. The validity of the Character and Fitness Board’s actions is not affected if the Character and Fitness Board’s makeup differs from the stated constitution due to a temporary vacancy in any of the specified positions. (b) Qualifications. Lawyer, LLLT, or LPO members must be active lawyers, LLLTs, or LPOs of the Bar and have been active for at least five years. (c) Character and Fitness Board Chair. The Board of Governors shall annually designate one lawyer member of the Character and Fitness Board to act as chair and another as vice-chair. The vice-chair shall serve as chair in the absence of or at the request of the chair. If both the chair and the vice-chair will be absent from a meeting or hearing, the chair may appoint another member of the Character and Fitness Board to serve as chair pro tempore at any hearing. (d) Vacancies. Vacancies in lawyer membership on the Character and Fitness Board and in the office of the chair and vice-chair shall be filled by the Board of Governors. Vacancies in community representative membership shall be filled by the Supreme Court. A person appointed to fill a vacancy shall complete the unexpired term of the person they replace, and if that unexpired term is less than 24 months they may be reappointed to a consecutive term. (e) Quorum. A majority of the Character and Fitness Board members shall constitute a quorum. Given a quorum, the concurrence of a majority of those present shall constitute action of the Character and Fitness Board. In the event a quorum is not present, Bar Counsel and the applicant may agree to waive the requirement of a quorum. (f) Disqualification. In the event a grievance is made to the Bar alleging an act of misconduct by a lawyer, LLLT, or LPO member of the Character and Fitness Board, the procedures specified in ELC 2.3(b)(5) shall apply. (g) Pro Tempore Members. When a member of the Character and Fitness Board is disqualified or unable to function on a case for good cause, the chair of the Character and Fitness Board may, by written order, designate a member pro tempore to sit with the Character and Fitness Board to hear and determine the cause. A member pro tempore may be appointed from among those persons who have previously served as members of the Character and Fitness Board (or its predecessor Character and Fitness Committee), or from among lawyers, LLLTs, or LPOs appointed as alternate Character and Fitness Board members by the Board of Governors and community representatives appointed as alternate Board members by the Supreme Court. A lawyer, LLLT, or LPO shall be appointed to substitute for a lawyer, LLLT, or LPO member of the Character and Fitness Board, and a community representative to substitute for a community representative member of the Character and Fitness Board. (h) Voting. Each member, whether community representative or lawyer, LLLT, or LPO, shall have one vote. (i) Terms of Office. The term of office for a member of the Character and Fitness Board shall be three years. Newly created Character and Fitness Board positions may be filled by appointments of less than three years, as designated by the Supreme Court or the Board of Governors, to permit as equal a number of positions as possible to be filled each year. All terms of office begin October 1 and end September 30 or when a successor has been appointed, whichever occurs later. Members may not serve more than two nonconsecutive terms with a minimum of three years between terms except as otherwise provided in these rules. Members shall continue to serve until replaced.

[Adopted effective September 1, 2006; Amended effective January 1, 2014; September 1, 2016; September 1, 2017; January 1, 2023.]

citation: APR APR 23

rule_number: APR 23


title: Authority of Character and Fitness Board

text: APR 23.1 AUTHORITY OF CHARACTER AND FITNESS BOARD (a) The Character and Fitness Board shall have the power and authority to: (1) conduct hearings concerning matters of character and fitness bearing on the qualification of applicants referred to the Character and Fitness Board by Bar Counsel and of all petitioners for reinstatement; (2) request medical or other treatment records, and hear testimony from and ask questions of medical or other treatment providers in accordance with APR 22.1(e) and (f); (3) request an applicant to submit to an independent medical examination in accordance with APR 24.1(f); (4) recommend the approval or denial of an applicant’s application after hearing; and (5) issue subpoenas to compel attendance of an applicant or witness, or the production of books, documents, or other evidence, at a deposition or hearing, on the Character and Fitness Board’s behalf or at the request of an applicant. Subpoenas shall be served in the same manner as in civil cases in the superior court; and (6) perform such other functions and take such other actions as provided in these rules or as may be delegated to it by the Board of Governors or Supreme Court, or as may be necessary and proper to carry out its duties. (b) No Character and Fitness Board member shall offer an opinion to an applicant on whether the applicant’s record establishes good moral character and fitness to practice law until after the completion of a hearing regarding that applicant’s application or petition. [Adopted effective September 1, 2016; Amended effective September 1, 2017.]

citation: APR APR 23.1


title: Meetings

text: APR 23.2 MEETINGS The Character and Fitness Board shall hold meetings at such times and places as it may determine. Where the chair of the Character and Fitness Board determines that prompt action is necessary for protection of the public, and that circumstances do not permit a full meeting of the Character and Fitness Board, the Character and Fitness Board may vote on a matter otherwise ready for review without meeting together, through telephone, electronic, or written communication. [Adopted effective September 1, 2016; Amended effective September 1, 2017.]

citation: APR APR 23.2


title: Clerk

text: APR 23.3 CLERK The Executive Director of the Bar may appoint a suitable person or persons to act as clerk to the Character and Fitness Board, and to assist the Character and Fitness Board in carrying out its functions under these rules. [Adopted effective September 1, 2016; Amended effective September 1, 2017.]

citation: APR APR 23.3


title: Service

text: APR 23.4 SERVICE Unless otherwise agreed by the parties in writing, service of papers and documents shall be made by first class postage prepaid mail to the applicant’s, or their counsel’s, last known address on record with the Bar. If properly made, service by mail is deemed accomplished on the date of the mailing. Any notice of change of address shall be submitted in writing to the Bar. [Adopted effective September 1, 2016; Amended effective September 1, 2017; January 1, 2023.]

citation: APR APR 23.4


title: Character and Fitness Board Hearings

text: APR 24 CHARACTER AND FITNESS BOARD HEARINGS [Adopted effective January 1, 2014; Amended effective September 1, 2016.]

citation: APR APR 24

rule_number: APR 24


title: Hearing Procedure

text:
APR 24.1 HEARING PROCEDURE (a) Notice. The Character and Fitness Board may fix a time and place for a hearing on the application, and Bar Counsel shall serve notice thereof not less than 30 days prior to the hearing upon the applicant and upon such other persons as may be ordered by the Character and Fitness Board. This notice requirement may be waived by the applicant. (b) Appearance and Right to Counsel. Applicants shall appear in person at any hearing before the Character and Fitness Board, unless the applicant’s presence is waived by the Character and Fitness Board for good cause shown. The presumption is that the applicant’s personal attendance at the hearing will be required. An applicant may be represented by counsel. (c) Burden of Proof. An applicant must establish by clear and convincing evidence that they are of good moral character and possesses the requisite fitness to practice law. (d) Proceedings Not Civil or Criminal. Hearings before the Character and Fitness Board are not civil or criminal but are sui generis hearings to determine whether an applicant is of good moral character and possesses the requisite fitness to practice law. (e) Rules of Evidence. (1) Evidentiary rulings shall be made by the Character and Fitness Board chair. A majority of Character and Fitness Board members present may by vote overrule a ruling by the chair. (2) Consistent with subsection (d) of this rule, evidence, including hearsay evidence, is admissible if in the chair’s judgment it is the kind of evidence on which reasonably prudent persons are accustomed to rely on the conduct of their affairs. The chairperson may exclude evidence that is irrelevant, immaterial, or unduly repetitious. (3) Witnesses shall testify under oath; all testimony shall be transcribed by a certified court reporter. (4) Expert witnesses shall appear and testify in person or by telephone or video conference before the Character and Fitness Board, unless in the discretion of the Character and Fitness Board their appearance before the Character and Fitness Board is waived. (5) Generally, all documentary evidence to be submitted to the Character and Fitness Board for consideration must be delivered to Bar Counsel not less than 30 days prior to the hearing. Bar Counsel will provide copies of all documentary evidence, and any hearing briefs, memoranda, or other documentary material, to the Character and Fitness Board members and to the applicant prior to the hearing date. (6) The Character and Fitness Board may take notice of any judicially cognizable facts, or technical or scientific facts within a Character and Fitness Board member’s specialized knowledge. (7) Questioning of the applicant and the applicant’s witnesses shall be conducted by Bar Counsel, by members of the Character and Fitness Board, and by the applicant or the applicant’s counsel. (8) The Character and Fitness Board may question medical or other treatment providers and seek medical or other treatment records consistent with the provisions of APR 22.1(e) and (f) and APR 24.1(f). (f) Independent Medical Examination. An independent medical examination (IME) may be requested by the Character and Fitness Board only when a basis for an inquiry by the

Character and Fitness Board exists under APR 22.1(e) and only after testimony and evidence presented at the hearing has failed to resolve the Character and Fitness Board’s reasonable concerns regarding the applicant’s ability to meet the essential eligibility requirements to practice law. If the applicant has not previously been requested to provide information under APR 22.1(f)(1), (2) and (3), the Character and Fitness Board shall provide the applicant with the opportunity to submit such information, within such reasonable timelines as the Character and Fitness Board shall establish, prior to requesting the IME. (1) Time and Place. Any independent medical examination shall occur at a time and place convenient to the applicant and shall be conducted by a provider mutually agreed upon by the applicant and the Bar. (2) Failure to Comply. The failure of an applicant to agree to or submit to a required independent medical examination shall result in the applicant’s application or petition being denied. (3) Costs. The cost of any independent medical examination required by the Character and Fitness Board shall be borne by the Bar. (4) Report. The examining professional shall issue a written report of their findings, which shall be provided to the applicant and the applicant’s counsel, Bar Counsel, and the Character and Fitness Board. (5) Confidentiality of IME. Any report and testimony of an examining professional may be admitted into evidence at a hearing on, or review of, the applicant’s fitness and transmitted with the record on review to the Disciplinary Board and/or the Supreme Court. Reports and Testimony regarding the applicant’s fitness shall otherwise be kept confidential in all respects, and neither the report nor the testimony of the examining professional shall be discoverable or admissible in any other proceeding or action without the consent of the applicant. (6) Rebuttal to IME. Applicants shall have the right to provide rebuttal medical information from their treating clinicians if such information is provided within 30 days from the receipt of the independent medical examination report. (g) Confidentiality. All hearings and documents before the Character and Fitness Board on applications for admission or licensure to practice law, enrollment in the law clerk program, and return to active membership are confidential, but may be provided to the Disciplinary Board or Supreme Court in connection with any appeal or review, or to other entities with the written consent of the applicant. [Adopted effective September 1, 2016; Amended effective September 1, 2017; January 1, 2023.]

citation: APR APR 24.1


title: Decision and Recommendation

text: APR 24.2 DECISION AND RECOMMENDATION (a) Decision. Within 30 days after the proceedings are concluded, or if a transcript is ordered, within 30 days after the transcript is received by the Character and Fitness Board, unless a greater or shorter period is directed by the Character and Fitness Board chair, the Character and Fitness Board will file with the Bar written findings of fact, conclusions of law, and a recommendation. Any Character and Fitness Board member or members may file a written dissent within the same time period. (b) Action on Board Recommendation. The recommendation of the Character and Fitness Board shall be served upon the applicant pursuant to APR 23.5. (1) If the Character and Fitness Board recommends admission, the record, recommendation, and all exhibits shall be transmitted to the Supreme Court for disposition. (2) If the Character and Fitness Board recommends against admission, the record and recommendation shall be retained in the office of the Bar unless the applicant requests that it be submitted to the Supreme Court by filing a notice of appeal with the Character and Fitness Board within 15 days of service of the recommendation of the Character and Fitness Board. If the applicant so requests, the Character and Fitness Board will transmit the record, including the transcript, exhibits, and recommendation to the Supreme Court for review and disposition. The applicant must pay to the Supreme Court any fee required by the court in connection with the appeal and review. (c) Reapplication. No application for admission or a license to practice law may be filed within a period of one year after a decision of the Character and Fitness Board recommending against admission or licensure that is not appealed to the Supreme Court, and the Bar shall maintain a record of the application, hearing, and Character and Fitness Board recommendation in the Bar records. [Adopted effective September 1, 2006; Amended effective January 1, 2014; September 1, 2016; September 1, 2017.]

citation: APR APR 24.2


title: Action on Supreme Court's Determination

text: APR 24.3 ACTION ON SUPREME COURT’S DETERMINATION (a) Application Approved. If the application is approved by the Supreme Court, admission shall be subject to the Applicant’s taking and passing any required qualifying examinations and complying with all requirements for admission or the license to practice law. (b) Application Denied. If the application is denied, the Bar shall maintain a record of the application, hearing, and appeal in the Bar records. No new petition for admission or a license to practice law shall be filled within a period of one year after the date of the Supreme Court decision denying the application. [Adopted effective September 1, 2006; Amended effective January 1, 2014; September 1, 2016; September 1, 2017.]

citation: APR APR 24.3


title: Decision and Recommendation (DELETED)

text: APR 24.4 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 24.4


title: Action on Supreme Court's Determination (DELETED)

text: APR 24.5 [DELETED] [Deleted effective September 1, 2016.]

citation: APR APR 24.5


title: Petitions for Reinstatement after Disbarment

text: APR 25 PETITIONS FOR REINSTATEMENT AFTER DISBARMENT [Formally APR 21, adopted effective October 1, 2002; Renumbered as APR 25 and amended effective September 1, 2006.]

citation: APR APR 25

rule_number: APR 25


title: Restrictions on Reinstatement

text: APR 25.1 RESTRICTIONS ON REINSTATEMENT (a) Petitions For Reinstatement. All Petitions for Reinstatement after Disbarment shall be referred for hearing before the Character and Fitness Board. The provisions of APR 20 through 24.3 shall apply to petitions for reinstatement unless otherwise provided for in APR 25 through 25.6. (b) When Petition May Be Filed. No disbarred LLLT shall be permitted to seek reinstatement to practice as an LLLT. No petition for reinstatement by a disbarred lawyer or LPO shall be filed within a period of five years after disbarment or within a period of two years after an adverse decision of the Supreme Court upon a former petition, or after an adverse recommendation of the Character and Fitness Board or the Disciplinary Board on a former petition when that recommendation is not submitted to the Supreme Court. If prior to disbarment the lawyer, or LPO was suspended from the practice of law pursuant to the provisions of Title 7 of the Rules for Enforcement of Lawyer Conduct, or any comparable rule, the period of such suspension shall be credited toward the five years referred to above. (c) When Reinstatement May Occur. No disbarred lawyer, or LPO may be reinstated sooner than six years following disbarment. If prior to disbarment the lawyer, or LPO was suspended from the practice of law pursuant to the provisions of Title 7 of the Rules for Enforcement of Lawyer Conduct, or any comparable rule, the period of such suspension shall be credited toward the six years referred to above. (d) Payment of Obligations. No disbarred lawyer, or LPO may file a petition for reinstatement until costs and expenses and restitution ordered by the Disciplinary Board or the Supreme Court have been paid and until amounts paid out of the Client Protection Fund for losses caused by the conduct of the Petitioner have been repaid to the client protection fund, or until periodic payment plans for costs and expenses, restitution and repayment to the client protection fund have been entered into by agreement between the Petitioner and disciplinary counsel. A Petitioner may seek review by the Chair of the Disciplinary Board of an adverse determination by disciplinary counsel regarding the reasonableness of any such proposed periodic payment plan. Such review will proceed as directed by the Chair of the Disciplinary Board and the decision of the Chair of the Disciplinary Board is final unless the Chair of the Disciplinary Board determines that the matter should be reviewed by the Disciplinary Board, in which case the Disciplinary Board review will proceed as directed by the Chair and the decision of the Disciplinary Board will be final. [Formerly APR 21.2, adopted effective October 1, 2002; Renumbered as APR 25.2 and amended effective September 1, 2006; September 1, 2016; September 1, 2017; September 1, 2021.]

citation: APR APR 25.1