Rule 8. Nonmember Lawyer Licenses to Practice Law

APR 8

NONMEMBER LAWYER LICENSES TO PRACTICE LAW

(a) In General. Lawyers admitted to the practice of law in any state or territory of the

United States or the District of Columbia or in any foreign jurisdiction, who do not meet the

qualifications stated in APR 3, may engage in the limited practice of law in this state as provided

in this rule. Lawyers permitted or licensed to practice law under this rule are not members of the

Bar.

(b) Exception for Particular Action or Proceeding. A lawyer member who is not

admitted in Washington State but who is in good standing of, and permitted to practice law in,

the bar of any other state or territory of the United States or of the District of Columbia, or a

lawyer who is providing legal services for no fee through a qualified legal services provider

pursuant to rule 8(f), may appear as a lawyer in any action or proceeding only

(i) with the permission of the court or tribunal in which the action or proceeding is pending,

and

(ii) in association with an active lawyer member of the Bar, who shall be the lawyer of

record therein, responsible for the conduct thereof, and present at proceedings unless excused by

the court or tribunal. The requirement in (ii) is waived for a lawyer who is a full-time active duty

military officer serving in the office of a Staff Judge Advocate of the United States Army, Air

Force, Navy, Marines, or Coast Guard, or a Region Legal Service Office or a Defense Service

Office, or as Special Victims’ Counsel or Victims’ Legal Counsel for any branch of the United

States Armed Forces, located in the State of Washington.

i) is waived for a lawyer who is a full-time active duty

military officer serving in the office of a Staff Judge Advocate of the United States Army, Air

Force, Navy, Marines, or Coast Guard, or a Region Legal Service Office or a Defense Service

Office, or as Special Victims’ Counsel or Victims’ Legal Counsel for any branch of the United

States Armed Forces, located in the State of Washington.

(1) An application to appear as such a lawyer shall be made by written motion to the court or

tribunal before whom the action or proceeding is pending, in a form approved by the Bar, which

shall include certification by the lawyer seeking permission under this rule and the associated

Washington lawyer that the requirements of this rule have been complied with, and shall state the

date on which the fee and any mandatory assessment required in part (2) were paid, or state that

the fee and assessment were waived pursuant to part (2). The motion shall be heard by the court

or tribunal after such notice to the Bar and payment of fees and assessments as required in part

(2) below, unless waived pursuant to part (2), and to adverse parties as the court or tribunal shall

direct. Payment of the required fee and assessment shall be necessary only upon a lawyer's first

application to any court or tribunal in the same case. The court or tribunal shall enter an order

granting or refusing the motion, and, if the motion is refused, the court or tribunal shall state its

reasons.

(2) The lawyer making the motion shall submit a copy of the motion to the Bar accompanied

by

(A) a nonrefundable fee in each case in an amount equal to the license fee required of active

lawyer members of the Bar, and

(B) the Client Protection Fund assessment as required of active lawyer members of the Bar.

and, if the motion is refused, the court or tribunal shall state its

reasons.

(2) The lawyer making the motion shall submit a copy of the motion to the Bar accompanied

by

(A) a nonrefundable fee in each case in an amount equal to the license fee required of active

lawyer members of the Bar, and

(B) the Client Protection Fund assessment as required of active lawyer members of the Bar.

(3) Payment of the fee and assessment shall be necessary only upon a lawyer's first motion to

any court or tribunal in the same case. The associated Washington lawyer shall be jointly

responsible for payment of the fee and assessment. The fee and assessment shall be waived for:

(A) a lawyer providing legal services for no fee through a qualified legal services provider

pursuant to rule 8(f),

(B) a lawyer rendering service for no fee in either a bar association or governmentally

sponsored legal services organization or in a public defender’s office or similar program

providing legal services to indigents and only in that capacity, or

(C) a lawyer who is a full-time active duty military officer serving in the office of a Staff

Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, or a

Region Legal Service Office or as Special Victims’ Counsel or Victims’ Legal Counsel for any

branch of the United States Armed Forces, located in the State of Washington, and who is not

receiving any compensation from clients in addition to the military pay to which they are already

entitled.

(4) The Bar shall maintain a public record of all motions for permission to practice pursuant

to this rule.

(5) No member of the Bar shall lend their name for the purpose of, or in any way assist in,

avoiding the effect of this rule.

ated in the State of Washington, and who is not

receiving any compensation from clients in addition to the military pay to which they are already

entitled.

(4) The Bar shall maintain a public record of all motions for permission to practice pursuant

to this rule.

(5) No member of the Bar shall lend their name for the purpose of, or in any way assist in,

avoiding the effect of this rule.

(6) Exception for Indian Child Welfare Cases. A member in good standing of, and

permitted to practice law in, the bar of any other state or territory of the United States or of the

District of Columbia may appear as a lawyer in an action or proceeding, and shall not be required

to comply with the association of counsel and fee and assessment requirements of subsection (b)

of this rule, if the applicant establishes to the satisfaction of the Court that:

(A) The applicant seeks to appear in a Washington court for the limited purpose of

participating in a "child custody proceeding" as defined by RCW 13.38.040, pursuant to the

Washington State Indian Child Welfare Act, ch.13.38 RCW, or by 25 U.S.C. § 1903, pursuant to

the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901et seq.;

(B) The applicant represents an "Indian tribe" as defined by RCW 13.38.040 or

25 U.S.C. § 1903;

(C) The Indian child's tribe has executed an affidavit asserting the tribe's intent to intervene

and participate in the state court proceeding and affirming that under tribal law (i) the child is a

member or (ii) the child is eligible for membership and the biological parent of the child is a

member; and

(D) The applicant has provided, or will provide within (7) days of appearing on the case,

written notice to the Washington State Bar of their appearance in the case. Such written notice

shall be by providing in writing the following information: the cause number and name of the

case; the attorney's name, employer, and contact information; and the bar number and jurisdiction

of the applicant's license to practice law.

vided, or will provide within (7) days of appearing on the case,

written notice to the Washington State Bar of their appearance in the case. Such written notice

shall be by providing in writing the following information: the cause number and name of the

case; the attorney's name, employer, and contact information; and the bar number and jurisdiction

of the applicant's license to practice law.

(c) Exception for Indigent Representation. A member in good standing of the bar of

another state or territory of the United States or of the District of Columbia, who is eligible to

apply for admission as a lawyer under APR 3 in this state, while rendering service in either a bar

association or governmentally sponsored legal services organization or in a public defender's

office or similar program providing legal services to indigents and only in that capacity, may,

upon application and approval, practice law and appear as a lawyer before the courts of this state

in any matter, litigation, or administrative proceeding, subject to the following conditions and

limitations:

(1) Application to practice under this rule shall be made to the Bar, and the applicant shall

be subject to the Rules for Enforcement of Lawyer Conduct and to the Rules of Professional

Conduct.

(2) In any such matter, litigation, or administrative proceeding, the applicant shall be

associated with an active lawyer member of the Bar, who shall be the lawyer of record and

responsible for the conduct of the matter, litigation, or administrative proceeding.

(3) The applicant shall either apply for and take the first available lawyer bar examination

after the date the applicant was granted authorization to practice under this rule, or already have

filed an application for admission by motion or Uniform Bar Exam (UBE) score transfer.

be the lawyer of record and

responsible for the conduct of the matter, litigation, or administrative proceeding.

(3) The applicant shall either apply for and take the first available lawyer bar examination

after the date the applicant was granted authorization to practice under this rule, or already have

filed an application for admission by motion or Uniform Bar Exam (UBE) score transfer.

(4) The applicant's authorization to practice under this rule (i) may be terminated by the

Supreme Court at any time with or without cause, or (ii) shall be terminated automatically for

failure to take or pass the required lawyer bar examination, or (iii) shall be terminated for failure

to become an active lawyer member of the Bar within 60 days of the date the lawyer bar

examination results are made public, or (iv) shall be terminated automatically upon denial of the

application for admission, or (v) in any event, shall be terminated within 1 year from the original

date the applicant was authorized to practice law in this state under this rule.

(d) [Reserved.]

(e) [Reserved.]

(f) Exception for House Counsel. A lawyer admitted to the practice of law in any

jurisdiction may apply to the Bar for a limited license to practice law as in-house counsel in this

state when the lawyer is employed in Washington as a lawyer exclusively for a profit or not for

profit corporation, including its subsidiaries and affiliates, association, or other business entity,

that is not a government entity, and whose lawful business consists of activities other than the

practice of law or the provision of legal services. The lawyer shall apply by:

house counsel in this

state when the lawyer is employed in Washington as a lawyer exclusively for a profit or not for

profit corporation, including its subsidiaries and affiliates, association, or other business entity,

that is not a government entity, and whose lawful business consists of activities other than the

practice of law or the provision of legal services. The lawyer shall apply by:

(i) filing an application in the form and manner that may be prescribed by the Bar;

(ii) presenting satisfactory proof of (I) admission to the practice of law and current good

standing in any jurisdiction and (II) good moral character and fitness to practice;

(iii) filing an affidavit from an officer, director, or general counsel of the applicant's

employer in this state attesting to the fact the applicant is employed as a lawyer for the employer,

including its subsidiaries and affiliates, and the nature of the employment conforms to the

requirements of this rule;

(iv) paying the application fees required of lawyer applicants for admission under APR 3;

and

(v) furnishing whatever additional information or proof that may be required in the course of

investigating the applicant.

(1) Upon approval of the application by the Bar, the lawyer shall take the Oath of Attorney,

pay the current year's annual license fee and any mandatory assessments required of active lawyer

members. The Bar shall transmit its recommendation to the Supreme Court which may enter an

order granting the lawyer a license to engage in the limited practice of law under this section.

(2) The practice of a lawyer licensed under this section shall be limited to practice

exclusively for the employer, including its subsidiaries and affiliates, furnishing the affidavit

required by the rule and shall not include (i) appearing before a court or tribunal as a person

admitted to practice law in this state, and (ii) offering legal services or advice to the public, or

(iii) holding oneself out to be so engaged or authorized.

this section shall be limited to practice

exclusively for the employer, including its subsidiaries and affiliates, furnishing the affidavit

required by the rule and shall not include (i) appearing before a court or tribunal as a person

admitted to practice law in this state, and (ii) offering legal services or advice to the public, or

(iii) holding oneself out to be so engaged or authorized.

(3) All business cards and employer letterhead used by a lawyer licensed under this section

shall state clearly that the lawyer is licensed to practice in Washington as in-house counsel.

(4) A lawyer licensed under this section shall pay to the Bar an annual license fee in the

maximum amount required of active lawyer members and any mandatory assessments required

of active lawyer members of the Bar.

(5) The practice of a lawyer licensed under this section shall be subject to the Rules of

Professional Conduct, the Rules for Enforcement of Lawyer Conduct, and to all other laws and

rules governing lawyers admitted to the active practice of law in this state. Jurisdiction shall

continue whether or not the lawyer retains the limited license and irrespective of the residence of

the lawyer.

(6) The lawyer shall promptly report to the Bar a change in employment, a change in

admission or license status in any jurisdiction where the applicant has been admitted to the

practice of law, or the commencement of any formal disciplinary proceeding in any jurisdiction

where the applicant has been admitted to the practice of law.

d license and irrespective of the residence of

the lawyer.

(6) The lawyer shall promptly report to the Bar a change in employment, a change in

admission or license status in any jurisdiction where the applicant has been admitted to the

practice of law, or the commencement of any formal disciplinary proceeding in any jurisdiction

where the applicant has been admitted to the practice of law.

(7) The limited license granted under this section shall be automatically terminated when

employment by the employer furnishing the affidavit required by this rule is terminated, the

lawyer has been admitted to the practice of law pursuant to any other provision of the APR, the

lawyer fails to comply with the terms of this rule, the lawyer fails to maintain current good

standing in at least one other jurisdiction where the lawyer has been admitted to the practice of

law, or on suspension or disbarment for discipline in any jurisdiction where the lawyer has been

admitted to the practice of law. If a lawyer's employment is terminated but the lawyer, within

three months from the last day of employment, is employed by an employer filing the affidavit

required by (iii), the license shall be reinstated.

(8) A lawyer admitted in another United States jurisdiction and authorized to provide legal

services under this Rule may provide legal services in this jurisdiction for no fee through a Bar

qualified legal services provider, as that term is defined in APR 1. If such services involve

representation before a court or tribunal, the lawyer shall seek permission under APR 8(b) and

any fees for such permission shall be waived. The prohibition against compensation in this

paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer

authorized to practice under this rule for actual expenses incurred while rendering legal services

under this pro bono exception

tation before a court or tribunal, the lawyer shall seek permission under APR 8(b) and

any fees for such permission shall be waived. The prohibition against compensation in this

paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer

authorized to practice under this rule for actual expenses incurred while rendering legal services

under this pro bono exception. In addition, a qualified legal services provider shall be entitled to

receive all court awarded attorney's fees for pro bono representation rendered by the lawyer.

(g) [Reserved.]