Rules of Professional Conduct RULES OF PROFESSIONAL CONDUCT (RPC) Table of Rules Fundamental Principles of Professional Conduct PREAMBLE AND SCOPE Preamble: A Lawyer's Responsibilities Scope Rule 1.0A Terminology 1.0B Additional Washington Terminology TITLE 1 CLIENT-LAWYER RELATIONSHIP 1.1 Competence 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer 1.3 Diligence 1.4 Communication 1.5 Fees 1.6 Confidentiality of Information 1.7 Conflict of Interest: Current Clients 1.8 Conflict of Interest: Current Clients: Specific Rules 1.9 Duties to Former Clients 1.10 Imputation of Conflicts of Interest: General Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral 1.13 Organization as Client 1.14 Client with Diminished Capacity 1.15A Safeguarding Property 1.15B Required Trust Account Records 1.16 Declining or Terminating Representation 1.17 Sale of Law Practice 1.18 Duties to Prospective Client TITLE 2 COUNSELOR 2.1 Advisor 2.2 (Deleted) 2.3 Evaluation for Use by Third Persons 2.4 Lawyer Serving as Third-Party Neutral TITLE 3 ADVOCATE 3.1 Meritorious Claims and Contentions 3.2 Expediting Litigation 3.3 Candor Toward the Tribunal 3.4 Fairness to Opposing Party 3.5 Impartiality and Decorum of the Tribunal 3.6 Trial Publicity 3.7 Lawyer as Witness 3.8 Special Responsibilities of a Prosecutor 3.9 Advocate in Nonadjudicative Proceedings TITLE 4 TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS 4.1 Truthfulness in Statements to Others 4.2 Communication With Person Represented by a Lawyer 4.3 Dealing With Person Not Represented by a Lawyer 4.4 Respect for Rights of Third Person TITLE 5 LAW FIRMS AND ASSOCIATIONS 5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers 5.2 Responsibilities of a Subordinate Lawyer 5.3 Responsibilities Regarding Nonlawyer Assistants 5.4 Professional Independence of a Lawyer 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law 5.6 Restrictions on Right to Practice 5.7 Responsibilities Regarding Law-Related Services 5.8 Misconduct Involving Lawyers and LLLTs Not Actively Licensed to Practice Law 5.9 Business Structures Involving LLLT and Lawyer Ownership 5.10 Responsibilities Regarding Other Legal Practitioners TITLE 6 PUBLIC SERVICE 6.1 Pro Bono Publico Service 6.2 Accepting Appointments 6.3 Membership in Legal Services Organization 6.4 Law Reform Activities Affecting Client Interests 6.5 Nonprofit and Court-Annexed Limited Legal Service Programs 6.5 Nonprofit and Court-Annexed Limited Legal Service Programs TITLE 7 INFORMATION ABOUT LEGAL SERVICES 7.1 Communications Concerning a Lawyers Services 7.2 Advertising 7.3 Direct Contact with Prospective Clients 7.4 Communication of Fields of Practice and Specialization 7.5 Firm Names and Letterheads 7.6 Political Contributions to Obtain Government Legal Engagements or Appointments by Judges TITLE 8 MAINTAINING THE INTEGRITY OF THE PROFESSION 8.1 Bar Admission and Disciplinary Matters 8.2 Judicial and Legal Officials 8.3 Reporting Professional Misconduct 8.4 Misconduct 8.5 Disciplinary Authority; Choice of Law Appendix: Guidelines for Applying Rule of 3.6 FUNDAMENTAL PRINCIPLES OF PROFESSIONAL CONDUCT The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity through reason for enlightened self-government. Law so grounded makes justice possible, for only through such law does the dignity of the individual attain respect and protection. Without it, individual rights become subject to unrestrained power, respect for law is destroyed, and rational self-government is impossible. Lawyers, as guardians of the law, play a vital role in the preservation of society. To understand this role, lawyers must comprehend the components of our legal system, and the interplay between the different types of professionals within that system. To fulfill this role lawyers must understand their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct. In fulfilling professional responsibilities, a lawyer necessarily assumes various roles that require the performance of many difficult tasks. Not every situation which a lawyer may encounter can be foreseen, but fundamental ethical principles are always present as guidelines. Within the framework of these principles, a lawyer must with courage and foresight be able and ready to shape the body of the law to the ever-changing relationships of society. The Rules of Professional Conduct point the way to the aspiring lawyer and provide standards by which to judge the transgressor. Each lawyer must find within his or her own conscience the touchstone against which to test the extent to which his or her actions should rise above minimum standards. But in the last analysis it is the desire for the respect and confidence of the members of the legal profession and the society which the lawyer serves that should provide to a lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and confidence is the ultimate sanction. So long as its practitioners are guided by these principles, the law will continue to be a noble profession. This is its greatness and its strength, which permit of no compromise. [Originally effective September 1, 1985; amended effective September 1, 2006; April 14, 2015.] These Fundamental Principles of the Rules of Professional Conduct are taken from the former Preamble to the Rules of Professional Conduct as approved and adopted by the Supreme Court in 1985. Washington lawyers and judges have looked to the 1985 Preamble as a statement of our overarching aspiration to faithfully serve the best interests of the public, the legal system, and the efficient administration of justice. The former Preamble is preserved here to inspire lawyers to strive for the highest possible degree of ethical conduct, and these Fundamental Principles should inform many of our decisions as lawyers. The Fundamental Principles do not, however, alter any of the obligations expressly set forth in the Rules of Professional Conduct, nor are they intended to affect in any way the manner in which the Rules are to be interpreted or applied. PREAMBLE AND SCOPE PREAMBLE: A LAWYER'S RESPONSIBILITIES [1] [Washington revision] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the court and a public citizen having special responsibility for the quality of justice. [2] [Washington revision] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer conscientiously and ardently asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others. [3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4. [4] [Washington revision] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct. [5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. [6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel.